Sport as part of the agreements between the European Union and non-member countries

Vydáno: 39 minút čítania

Mancoš, M. Sport as part of the agreements between the European Union and non-member countries. Právny obzor, 104, 2021, special edition, pp. 44-59

https://doi.org/10.31577/pravnyobzor.specialissue.2021.03

Sport as part of the agreements between the European Union and non-member countries. In connection with the development of sports policy and sports diplomacy of the European Union, it is important to explore the individual possibilities of using sport in foreign policy, public diplomacy, and the field of external relations. Recent advancements in the development of sports diplomacy and the use of sport as a tool in foreign policy suggests that cooperation in the field of sport will rarely be part of agreements between the EU and non-member countries. The aim of this paper is to identify references to sport and cooperation in the field of sport in the various agreements between the European Union and non-member countries and to subsequently identify the implementation and fulfilment of the provisions of these agreements. The paper shows that the absence of references on cooperation in sport in the agreements between the EU and non-member countries are not an obstruction for cooperation in the mentioned area. There are many tools and means through which such cooperation between various actors from EU Member States and non-Member countries can take place.

Keywords: European Union, sport, sports diplomacy, European dimension in sport, European sport model, external relations

Introduction
Looking at the chronology of the regulation of sport in the European Union, according to Parrish 1) , it can be stated that until the ratification of the Treaty on the Functioning of the European Union (TFEU) in 2009, the European Union had very little competence in the field of sport. However, through Article 165 TFEU 2) , the European Union has acquired the power to support, coordinate and complement the sports policies of the individual Member States. Article 165 TFEU also provides the legal basis for a specific program to finance sport and develop the European dimension in sport. This idea is more defined in the 2007 White Paper on Sport, which is based on three broadly themed chapters 3) . Due to its specific nature, sport can be linked to various policy areas, such as education, health and youth, but it can also serve as a tool to promote the social inclusion of minorities, social ties and the ideals of peace, solidarity, tolerance and justice 4) .
Considering previous arguments, the European Union has identified sport as a tool that can be used in its foreign policy and diplomacy to promote, disseminate, and share values representing a common European identity and a European dimension in sport. Based on previous findings, we can say that it is now possible to talk about the existence of a common European identity. One of the reasons for such a statement may be the results of the survey 5) on European citizenship in 2018. Respondents most often describe peace, guaranteeing human rights, respect for human life, democracy, personal freedom, equality, tolerance and solidarity as the most important common values representing European identity. We theorize that the successful connection between sport and Europe is based on the specificity and attractiveness of the European sports model, which by its nature influences and determines the possibilities of using sport in foreign policy and diplomacy. It can be argued that sport is firmly connected to Europe also because of its interconnection with the beginnings of modern sport.
Article 165 TFEU states:
"The Union shall contribute to the promotion of European sporting issues, while taking account of the specific nature of sport, its structures based on voluntary activity and its social and educational function 6) ."
We can say that this article supports our argument that the connection between Europe and the European Union and sport takes place through a specific European model. This is confirmed by another part of the article, which focuses on the development of the European dimension in sport:
"2. Union action shall be aimed at: - developing the European dimension in sport, by promoting fairness and openness in sporting competitions and cooperation between bodies responsible for sports, and by protecting the physical and moral integrity of sportsmen and sportswomen, especially the youngest sportsmen and sportswomen 7) ."
As Zuev and Popova 8) point out, the development of the European dimension in sport is also a major goal in all the main documents that have been issued since the adoption of the new TFEU.
Analysis of the perception of the European Union and its policies abroad 9) emphasized that negative connotations with problems and the role of the European Union in solving them are noted in non-member countries. These are mostly issues and events related to migration, multiculturalism, and human rights. Although some values, such as human rights, good governance, democracy, and peace, are perceived as natural and inseparable in the context of the European Union, the results of the analysis do not consider the European Union to be an international norm setter in these areas. The finding that the general public lacks knowledge of the European Union's development and education programs not only in non-member but also in Member States of the European Union is also crucial. It was, therefore, important to review the tools, means and resources used by the European Union to achieve its external relations objectives. It can be argued that sport is an increasingly used tool to revitalize foreign policy and international relations in the world, as it has the potential to reach the general public more effectively and improve its international image. The High-Level Group for Sports diplomacy 10) , in its final reports from 2016, states that the objectives and values of the foreign policy of the European Union and European sport largely coincide. For this reason, the Group emphasizes its conviction that sport and its added value can contribute to