The Olympic Games of the European Union

Transcription

1 Eleni Trova/Vangelis Alexandrakis/Panagiotis Skouris The Olympic Games of the European Union Nomos

2 Eleni Trova/Vangelis Alexandrakis/Panagiotis Skouris The Olympic Games of the European Union Nomos

3 Die Deutsche Nationalbibliothek verzeichnet diese Publikation in der Deutschen Nationalbibliografie; detaillierte bibliografische Daten sind im Internet über abrufbar. ISBN Auflage 2011 Nomos Verlagsgesellschaft, Baden-Baden Printed in Germany. Alle Rechte, auch die des Nachdrucks von Auszügen, der fotomechanischen Wiedergabe und der Übersetzung, vorbehalten. Gedruckt auf alterungsbeständigem Papier.

4 Table of Contents List of Key Abbreviations 13 Introduction 15 The hosting of the Games, the regulations and the institutions 15 The importance of sporting events for the international procedures 16 Sporting Games and the theory of the Games 17 The Game with its rules-tests of legal pluralism 17 Chapter 1 18 The historical and ideological background of the Olympic Games 18 The human body, the international society and the fair play of history 18 The relation between the body and the city 25 The historical evolution of the Olympic Games; 26 The body from the classic antiquity to the Age of Enlightenment 26 The adoration of the human body in the palaistras 26 The Games during the period of Homer 27 The Games of the Classical era 27 The Pan-Hellenic Games 28 City-state and sport 28 War and Sport 29 From the Roman Empire to Theodosius 29 Sport during the Medieval Age 29 Sport from the Renaissance until the Age of Enlightenment 30 Sport and liberalism 31 The contemporary exercising body 31 The Para-Olympic Games and the handicapped body 33 The constructed body of the athlete 34 Is there an ideal body? 35 Chapter 2 36 From the Olympic Games of the Antiquity until the Modern Olympic Games 36 The Modern Olympic Games 36 5

5 From the First Modern Olympic Games of Athens to the Olympic games of Europe 36 The first Olympic Games 36 The Games of Barcelona 39 Security in the Barcelona Games 40 EU law in the Barcelona Games 42 The Games and the city: the Barcelona mythe 42 The innovative Olympic Games of 1896 and An overview 44 Athens: the first European Host City in the European Territory 46 The Greek sprinters scandal 47 The Vodafone scandal 47 The Siemens scandal 47 The Cassandras which were denied 48 In 2008 the world athletic society is hosted to Beijing. The importance of the Asian continent and the human rights crisis 49 The London 2012 Olympics 50 The challenge of the first European Olympic Games 51 Chapter 3 55 The Olympic Movement Rules: Autonomy and Pluralism. 55 The legislative framework of sport and its relation to the Olympic organization 57 Sport as a means of expression of the freedom of association 57 The end of amateur sport and the role of the IOC 58 The interest of modern states in sport 59 The particular attributes of the Olympic organization An autonomous legislative framework for the Olympic Games 60 The legal status of the Olympic organization and the legislative framework of sport 60 The freedom to contract and the relation between the associative nature of sport and the Olympic organization 61 A state regulatory framework for sport 63 The international constitutional framework of sports 64 The positions of the Council of Europe about Sport and their contribution to the forming of a European perception about sports 65 Violence and misbehaviour at sport events 66 Violence and Sport in International Treaties-The Council of Europe position 66 Sporting Rules, Olympic Games and International Law 69 6

6 The Role of NATO 70 The international agreements against doping 71 WADA and UNESCO against doping 71 The legislative delineation of the principles of the Olympic Charter and consequences thereof. The concept of the Sporting Spirit, of sports traditions and of the Olympic Ideal and fair play 71 Fair play in the Code of Sports Ethics of the Council of Europe 73 The integration of the ethical rules of sport in national laws 74 The rule of law and the fair play 77 Chapter 4 80 The rules of the Olympic Movement and the state rules 80 The Olympic Movement 80 Olympism 82 The Olympic Charter 83 The Olympic Games 85 The International Olympic Committee (IOC) 85 The International Federations (IFs) 87 The National Olympic Committees (NOCs) 87 The Host City Contract and Olympic Games-the penetration of the Olympic Movement Rules in the national legal orders 88 The connection of the rules of the Olympic Movement with the Host City and hence with the legal order of the country that hosts the Olympic Games 90 The Host City Contract and the Olympic Charter 90 Dispute Resolution-Establishment of a separate court 95 The Court of Arbitration for Sports ( C. A. S. ) 95 History 95 ICAS 96 Composition and formation- arbitration agreement- competencydecisions 97 Ad hoc section (ADH) 99 CAS and ECHR 100 Obligatory submission-standard clauses-human rights 101 The competitive relation between the Olympic movement rules and the national/state ones and the institutional balancing of each Olympic organization 102 7

7 Chapter Human Rights and Olympic Games 104 The protection of the human rights as a major objective of the Olympic Games 106 The Amendment of the Chinese Constitution in years after the amendment of the Greek one 108 The competitive relationship among the Olympic Movement rules and the state rules and the institutional balancing of each Olympic Organization 110 Olympic Charter and Human Rights 112 The Olympic Movement Rules and the Constitution 113 Is sport a human right? 113 The protection of the environment 113 Sustainable development according to the Olympic Charter and the Host City Contract 114 Olympic Charter and tolerance 117 The Games of a city, a contact, an ideology 117 Human Rights & Anti-Discrimination Provisions in Sports Treaties 119 Chapter Olympic Truce 120 General 120 The ancient truce 121 The foundation of the truce 121 Procedure of declaration-heralds 121 Content of the truce 122 Violation of the truce-sanctions 123 The importance of the truce 123 The Olympic Truce in the modern era 124 Ideological background 124 The revival, the Olympic Truce Foundation, the UN contribution and the EU attitude 127 The Olympic truce in effect 130 Potential avenues of a more effective revival 131 Conclusion 133 Chapter Doping 134 General 134 8

8 The International respond 135 Doping and European Union 137 Doping and European Convention of Human Rights 141 The Meca-Medina Judgement 143 More about the proportionality: Is doping really proportionate? 145 Unfair advantage 145 Protection of athlete s health 146 The image of sport 147 Final Remarks 147 Chapter Community law and sport 149 European law and Olympic Games 152 The Community Law involvement in sport and Olympic Games 154 The prevalence of the Community law over the regulations of the sporting institutions 156 The effect of the Bosman judgment in the Olympic movement rules 159 The relation between the EC law and the Olympic movement rules 163 Addendum 165 Sport: a defined Community term with international references 167 Sport and EU law 168 The Community interest in sport and the formation of a European participial democracy 168 The evolution of the community provisions on sport 169 The gradual entrance of sport in the EC Treaty 170 The declarations of Amsterdam and Nice 171 The Constitutional Treaty Draft 171 The European Forum on Sport 173 The European Parliament and its positions about sport in Europe 173 The regulation of sport by the EC law: prevalence of the EC law and self-identity/specificity of sport 174 The White Paper on sport 175 The European approach to sport 175 Towards a formation of European perception on sport. 177 EC law and 2004 Olympic Games 178 The influence of the case law of the European Court of Justice on the rules of the Olympic Movement 181 The rationalization of sports rules in the framework of Community law 182 9

9 The rationalization of the sports phenomenon in the framework of the Council of Europe 182 The limits to the autonomy of the Olympic organization 183 Towards a global Olympic Organization of rules and Institutions 185 Chapter Special EU law Issues 186 Sport, Freedom of movement, mutual recognition and right of establishment 186 Sport and Competition Policy 187 Freedom of the athlete s establishment 191 Freedom of movement of goods and sport 193 EC law, Mass Media and Sport 193 Competition-Public Contracts and Olympics Games 195 Greece-supply of automatic weather stations 196 The tickets selling matter and the competition rules 196 Sport and Education 198 Sport and equal opportunities 199 Sport and Employment policy 200 Sport and External Relations 200 Sport and Internal Market 201 Sport, Justice and Home affairs policy 201 Sport and New technologies 202 Sport and social politic 203 Sport and Youth 204 Chapter Athens: the first European Host City in the European Territory 205 The Bid Process 205 The legislative regulation of sport in the Greek legal order 207 The Host City Contract of Athens and the Olympic Charter 209 The influence of the rules of the Olympic Movement on the legislation of the host country 211 The Olympic Charter and the Greek legislation 212 The dialectic relation between the Olympic Charter and the legal order of the Host City The legal nature of the Olympic Charter 213 The consequences of the effect of the rules of the Olympic Charter for the Host City Contract and its relation with the legislation of the host country

10 The Olympic games of 2004 under Greek legislation 217 Law 2598/1998 Organization of the Olympic Games Athens Law 2730/1999 Planning, complete development and carrying-out of the Olympic Works and other provisions (Government Gazette 130 A ) 222 Law 2819/2000 Creation of the Olympic Village 2004 SA, protection of the Olympic symbols and indicia and other provisions 224 Law 2833/2000 Issues of Preparation of the Olympic Games of 2004 and other provisions 227 The law 3254/2004 about Olympic and Paraolympic Games matters and the law 3342/2005 about the sustainable development and the social utilization of the Olympic Departments 229 The security of the Games 229 General Remarks 230 Chapter The Olympic Games of 2012: London, the second European experiment 233 Bidding process and governmental support 233 The London Olympic Games and Para-Olympic games Act The Olympic Delivery Authority 235 General Competence 235 Planning 236 Security 237 Transfer schemes 238 Dissolution 238 Transport 238 Section 10: Olympic Transport Plan 238 Advertising-Trading 240 Sale of Tickets 244 Olympic symbol protection and fight against ambush marketing 245 Greater London Olympic Authority 249 Regional Development Agencies 250 Extent and application 251 Sustainability 251 Volunteering 253 Compulsory purchase and consistency with the ECHR 255 Final Remarks

11 Chapter Special Issues-Olympics, IP Protection and Broadcasting Rights 258 Protection of the Olympic Insignia-Ambush Marketing 258 General 258 The commercialization of the Games and the early violations. 259 The Nairobi Treaty 262 Ambush Marketing 263 General 263 Sponsorship 264 Ambushing strategies and examples 266 Responses to Ambush Marketing 270 Special legislation introduced by the hosting states 272 Ambush marketing legislation and freedom of expression 280 Non-judicial protection against ambush marketing 280 Olympics and Broadcasting 282 Final Remarks 283 Bibliography