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Recommendation CM/Rec(2011)3
of the Committee of Ministers to member states
on the principle of autonomy of sport in Europe

(Adopted by the Committee of Ministers on 2 February 2011
at the 1104th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,

Considering that the aim of the Council of Europe is to achieve greater unity between its members for the purpose of safeguarding and promoting the ideals and principles which are their common heritage, and of facilitating their economic and social progress;

Bearing in mind the Committee of Ministers’ Declaration on compliance with commitments undertaken by member states of the Council of Europe (Strasbourg, 10 November 1994);

Also bearing in mind the Final Declaration of the Third Summit of Heads of State and Government of the Council of Europe (Warsaw, 16-17 May 2005) which recommends the continuation of Council of Europe activities which serve as references in the field of sport;

Recalling that Recommendation Rec(92)13-rev of the Committee of Ministers to member states on the revised European Sports Charter specifies that voluntary sports organisations have the right to establish autonomous decision-making processes within the law and that both governments and sports organisations shall recognise the need for mutual respect of their decisions;

Bearing in mind the European Convention on the Recognition of the Legal Personality of International Non-Governmental Organisations (ETS No. 124);

Recalling that “The Fundamental Principles on the Status of Non-Governmental Organisations in Europe” of the Council of Europe of 13 November 2002 provide a sound basis for governing the status of non-governmental organisations in Europe;

Bearing in mind the recent debate and the declarations by governing bodies of the sports movement, in particular in the recommendation adopted by the XIII Olympic Congress on 5 October 2009 in Copenhagen, which stresses the necessity of autonomy and establishes a strong link between autonomy and good governance;

Recalling that the statute of the Enlarged Partial Agreement on Sport (EPAS), adopted by the Committee of Ministers on 11 May 2007 at its 117th Session, allows the EPAS to propose policies necessary to deal with current issues in international sport;

Aware of the need to identify the underlying principles which should be incorporated into a comprehensive policy for sport that respects the autonomy of the sports movement;

Taking into account in this respect Resolution No. 2 on Autonomy in Sport adopted at the 11th Conference of European Ministers responsible for Sport in Athens in December 2008;

Reaffirming that the very nature of sport, based on fair play and equal competition, requires that all unethical practices and behaviours in sport should be firmly and effectively countered;

Considering that non-governmental sports organisations are an essential basis for the development and continuity of democratic sport, and also make a unique contribution to the realisation of societies based on the rule of law, pluralist democracy and respect for human rights – which are the guiding principles of the Council of Europe;


Convinced that the successful implementation of effective good governance policies within non-governmental sports organisations, as described in Recommendation CM/Rec(2005)8 on the principles of good governance in sport, would help to strengthen their autonomy in matters concerning sport and would further strengthen their position in relation to public authorities based on mutual respect and trust;

Bearing in mind the study Autonomy of Sport in Europe (2010), published by the Council of Europe;

Stressing its belief that in order to offer the public access to sporting activities and hence to create the collective benefits expected from sport (in fields such as public health, education and social integration), the sports movement is in principle better placed to organise itself within its own autonomous structures;

 

Noting, however, that this praiseworthy principle comes up against the increasing complexity of the international and Olympic systems, as well as the growing economic dimension of sport, which, while facilitating financial autonomy, also entails new risks from third parties (sponsors, media, investors, gamblers, etc.);

Recognising that in a changing environment, sports organisations and member states must pursue their dialogue in order to specify the concept of autonomy, while bearing in mind that this model must be adaptable to different political and legal systems,

Recommends that the governments of member states:

1.            recognise the following features describing the autonomy of the sports movement:

the autonomy of sport is, within the framework of national, European and international law, the possibility for non-governmental non-profit-making sports organisations to:

-           establish, amend and interpret the “rules of the game” appropriate to their sport freely, without
            undue political or economic influence;

-           choose their leaders democratically, without interference by states or third parties;

-           obtain adequate funds from public or other sources, without disproportionate obligations;

-           use these funds to achieve objectives and carry out activities chosen without severe external    constraints;

-           co-operate with public authorities to clarify the interpretation of the applicable legal framework in order to prevent legal uncertainty and contribute, in consultation with public authorities, to the preparation of sports rules, such as competition rules or club rules of sports NGOs, which are legitimate and proportionate to the achievement of these objectives;

2.         ensure that the principles of autonomy of the sports movement are respected at national level, both in governmental and in non-governmental structures;

3.         use these principles as the basis for setting up an equitable partnership between the public authorities and the sports movement, complementing the principles of good governance, to increase the transparency and democracy in sport following Recommendation CM/Rec(2005)8 on the principles of good governance in sport;

4.         develop appropriate means to interact with and to consult their national sports organisations when preparing national and international sports policy questions;

5.         invite all sectors – non-governmental sports organisations, civil society groups and voluntary institutions – at national, regional and local levels,to co-operate closely with the public authorities in order to achieve and implement the principles of this recommendation;

6.         invite the EPAS to promote dialogue and co-operation at national and international levels between the sports movement and public authorities in the light of these principles.

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