The Autonomy and Specifity of Sport in a National and European Context

Abstract

This article addresses the issue of autonomy and the specifics of sports activities, kinds of rules and structures in terms of their inclusion in the sphere of important principles of national and community law. One of the main problems for each sports entity represents the assurance of an efficient management (organized and competitive ) given its legitimate objectives , knowledge and application of the legal framework that regulates the activity as well as their impact on competition, as appropriate is inherent and proportionate to the objectives pursued. At the same time, the sports independence and sports organizations must be supported and protected, and their autonomy must competitively provide cohesion and participatory democracy. In national and international legislation, the autonomy of sport is treated differently. In this context, the formation of sports law, as a new branch of law will contribute to the professionalization of sports, to ensure the protection of the subjects’ rights of sports activities, the sports against abusing, as well as protection against corruption and the manipulation of the competitions results on various sport events. European Council is interested in the development of sports and its regulation along with the member states, fact reflected by the approved recommendations and implemented in practice, on the principles of good governance in sport, the recognition of the autonomy of sport, the promotion of honesty in the management of the basic values of sport (specificity of democratic, ethical, efficient and responsible sports activities). The legislative framework remains one of the most acute problems in this area whereas some states provide an extensive legislation (codified) and regulations for the sports autonomy, but most of them are limited to policy statements and sports development plans. Good governance with the recognition and respect of autonomy is an important issue for sports, including sports organizations, as their management must be ensured in a sustainable manner in close collaboration with public bodies, non-profit organizations and various economic organizations (economic agents), sports equipment, manufacturers, sponsors and media. At the beginning of the 21st century, the concepts of "autonomy" and "governance" have become major issues in international, national and - sometimes - local sports debates. Thus, the issue of "sport specificity" (recognized in Europe in 2009 by Article 165 of the Lisbon Treaty), autonomy and governance was broadly addressed. Thus, these concepts are in a direct connection with the development of national and international policies in the direction of improving the management of sport and profile organizations.