Study Into The Possible Participation Of Epfl and G-14 In A Social Dialogue In The European Professional Football Sector

Abstract

Chapter 1: Introduction The purpose of this study is to investigate whether EPFL and G-14, as European employers' organizations may participate in a possible Social Dialogue with FIFPro under EC Treaty in professional football sector. An additional question to be answered is which themes might be relevant to be put on agenda of a European Social Dialogue in particular from perspective of G-14. One precondition is of course that objects, mandate (and tasks) of EPFL and G-14 must (implicitly or explicitly) allow them to deal with including a Social Dialogue. We will examine whether this is on basis of Statutes of both organizations, as presumably status of employers' (interest) organization is a conditio sine qua non for admittance to a Social Dialogue. This point will be dealt with in Chapter 2. In this context, it is also important with regard to EPFL whether and Social Dialogue are part of objectives of national Leagues (EPFL now has 15 members). The national Leagues can only have mandated EPFL to deal with these aspects at European level if they themselves are expressly or otherwise empowered under their Statutes to do so. In view of question concerning (in)dependence of EPFL and G-14 in relation to UEFA and FIFA as well as of Leagues in relation to FAs (see below in Chapter 3) objectives of UEFA and FIFA must also be taken into account. The social partner organizations must be able to function freely, without outside intervention. This may be considered as an implicit condition for meaningful participation in a Social Dialogue in a free, democratic community of States and in its individual Member States. In football world clubs are affiliated to their national FA which is represented in international federations UEFA and FIFA. This is termed a pyramid with FIFA at top, UEFA at European regional intermediate level and FAs at bottom. Football is administered according to this model. The model consists of levels of administration which transcend clubs. The question therefore is whether EPFL and G-14 as clubs' organizations for purposes of a Social Dialogue can operate sufficiently independently from governing bodies. This point will be investigated in detail in Chapter 3. With regard to EPFL not only relationship to Leagues/members which must have commissioned EPFL to deal with including a Social Dialogue is important, but also way Leagues are affiliated to FAs at national level. Apart from that, employers' and employees' organizations and EPFL and G-14 alike have to fulfil certain (explicit) criteria which have been developed by European Commission. This aspect shall be dealt with in Chapter 4. In this context, question may be asked which lessons can be learned from previous practice regarding application of criteria in other industrial sectors, for it may be presumed that (manner of) application of criteria in principle also determines their precise meaning and importance. What is case law, what useful precedent exists? (Chapter 5). There is another EU perspective which is even broader than that of criteria and which deserves to be examined here. What does it mean for possibility of participation of EPFL and G-14 in a Social Dialogue that the specific characteristics of sport should be taken into account in European context (Treaty of Nice)? This question will be dealt with in Chapter 6. In Chapter 7 question of which themes might be particularly relevant for G-14 in a Social Dialogue is examined. Finally, Chapter 8 contains a summary of conclusions of this study into possible participation of EPFL and G-14 in a Social Dialogue in European professional football sector. Chapter 2: Mandate, tasks and purposes EPFL The relevant objectives of Association of European Union Premier Professional Leagues, predecessor of current EPFL (Association of European Professional Football Leagues), were as follows: to participate in and appoint representatives to UEFA's Professional Football Committee and to work with UEFA for good of professional association football in Europe; and to foster friendly relations between Association and players' unions operating within territory of member Leagues (Art. …