administrative control of sporting events - ejtn ejtn/administrative law 2016...•the direct...
TRANSCRIPT
05 May 2016, Lisbon – CEJ European Judicial Training Network – EJTN
Emanuel Macedo de MedeirosCEO, ICSS EUROPE
Administrative Control of Sporting Events
- CEO of ICSS EUROPE & LATIN AMERICA
- Member of EU Expert Group on Good Governance in Sport
- Member of the Court of Arbitration for Sport
- Member of the Advisory Committee of the World Economic Forum / PACI
- Ambassador of Sports Ethics - Portugal
- Co-founder and former CEO of the EPFL
- Co-founder of the European Social Dialogue (Professional Football)
- Former Member of UEFA Porfessional Football Strategy Council
- Former Member of FIFA Club Football Committee
- Former General Director of the Portuguese Football League
- Lawyer
ABOUT ME
- The Organisation of Sport
- Specificity & Autonomy of Sport
- Conditions for the recognition of the autonomy of sports organisations
- Roles & responsibilities: State (executive, legislative and judicial powers) and Sport
- The Social Role and Econommic Dimension of Sport
- Current Trends and Emerging Threats to Sport
- Solutions
- SIGA
STRUCTURE
SPORT’S PIRAMIDAL STRUCTRURE
International Federations
National Federations
National Leagues
Regional / Local Associations
Clubs
- Specificity of Sport
- Autonomy of Sport
- Conditions for the recognition of the autonomy of sports organisations:
- Rule of Law
- Good Governance: democracy, transparency, accountability and
stakeholder representation
- Roles & responsibilities: State (executive, legislative and judicial powers) and Sport
THE POWER OF SPORT
0.150.32
0.69
1.5
0
0.5
1
1.5
2Estimates of the size of the sports sector
(trillions of USD)
PwC Globalrevenueestimate(2014p)
Significant efforts to understand the sports sector have focused on determining its size,but these estimates differ greatly
FOOTBALL
33 bln USD/ year
More than all US sportscombined
More than any other sportsector, globally and in Europe
About same size as US filmindustry
* Source: Harvard Centre for International Development – ICSS Sponsored Research.
• The direct revenues from the European football market
• Growth rate of 11% in 2013 and increasing (Deloitte 2013)€ 23.7 billion/ annum
• 5.4% of the EU workforce (2006 Austrian European Union’s Presidency)
• 3% of world’s economic activity (United Nations, 2009)15 million jobs
• The value of the UK media rights deal in January 2015 for three seasons after Sky and BT signed for the right to screen live Premier League matches
• 70% increase since last media rights deal in the UK
£ 5.1 billion
THE POWER OF SPORT
WHAT DO WE DO?
SORBONNE - ICSS
Guiding Principles on Sports Integrity
Extensive international research work addressing
the economic, ethical, criminal, sports disciplinary
and betting elements of match-fixing.
Published in 2014, the Principles provide practical
yet comprehensive guidance to the legal, law
enforcement and regulatory frameworks needed
to help combat match-fixing and safeguard
sports integrity
Are intended to be used/ adapted by
governments, international/national SGBssclubs,
associations and all key participantsl those
determined to safeguard sport’s integrity.
The FITS Project is an innovative initiative,
launched in 2014, aimed at providing, for
the first time ever, a holistic, fact-based,
rigorous and neutral diagnosis on the
current realities and threats facing
financial integrity and transparency in
sport, as well as the most appropriatesolutions.
Players’ & Clubs image
rights
Players’ Agents activities/ regulation
Club Licensing Systems and
financial regulations
Clearing House Systems at national &
international level
Selling of commercial & audio-visual
rights –bidding rules
FIFA Transfer Matching
System
Fit & proper owners and
Directors tests
Bidding criteria for major sports
events
Money laundering
Club Ownership regulatory & supervision framework
Offshore companies & investment
funds operations
State aid for sports
organisations
Tax evasion
Third Party Ownership of
Player’s economic Rights
Players’ Transfers dealings
ISSUES/ SOLUTIONS ADDRESSED BY FITS
Good Governance in
Sport
危
SPORT UNDER SIEGE
The integrity of sport and its institutions has been put into question in recent years owing to numerous scandals
2013 2014 2015
Jan-Mar Apr-June July-Sept Oct-Dec Jan-Mar Apr-June July-Sept Oct-Dec Jan-Mar Apr-June July-Sept Oct-Dec
28/03/13CNN Documentaryreleased - “HumanTraffic: Africa’s LostBoys”
17/03/14Carson Yeung, owner ofBirmingham City FC jailedfor money laundering
18/12/137 Spanish football clubs chargedby European Commission for accepting State Aid
05-14Investigation into UK footballers regarding circumvention of tax laws through exploitation of sale of image rights
08/15Employment contract provisions circumvented by loan agreement of Frank Lampard being agreed between two clubs both owned by Sheikh Mansour
21/10/14FIFA announce ban on Third Party Ownership
12/02/15Fox Sports -FIFA unopposeddeal for broadcasting rights ofFIFA World Cup until2026 announced
27/05/15Arrests of senior footballofficials in Zurich
01/04/15Deregulation of agents by FIFA comes into force
01/05/15TPO ban enforced
22/07/15FIFA announcement regarding planned governance reform committee
26/10/15Sepp Blatter and Michel Plantini suspended by FIFA ethics committee for 90 days (now 6 years)
03/12/15FIFA officials arrested in Zurich
20/02/14Barcelona accused of 9.1m Euro tax fraud in the signing of Neymar
06/02/13Europol publication exposes extensive criminal network of football match fixing
CRISIS
• US + Swiss + German + French law enforcemnte actions » CONCACAF, CONMEBOL,FIFA, IAAF, etc.
• WADA Independent Commission’s (IC) Report into doping and corruption in IAAFand Russian Athletics
• Criminal infiltration of Bulgarian clubs by organised crime• Criminal infiltration in Mexican clubs• Argentina’s Barras Bravas gangs• Human trafficking through football, baseball, etc.• Russian mafia infiltration in Portuguese football
MATCH-FIXING WORLD MAP
THREATS
• Increasing complexity
• Increasing financial sophistication
• Global dimension / multi-jurisdiction involved
• Often involved organized crime
HOW DID SPORT GET HERE?
IS SPORT ABLE TO TACKE THESE CHALLENGES ALONE?
IS THE LAW ENFORCEMENT COMMUNITY WELL-EQUIPPED TO DEAL WITH THESE THREATS?
WHAT DOES SPORT NEED?
JUDGES & PROSSECUTORS: WHICH ROLE CAN THEY PLAY?
Enhanced role for prosecutors for more efficiency as can be seen in thecases of US, Swiss and French investigations into FIFA and IAAF
Greater cross-jurisdictional cooperation and exchange of informationamong national judiciary systems to tackle threats which by essence knowno boundaries
Improved awareness-raising, training and education of law professionals onsports integrity and governance issues
Establishment of independent data collection and treatment mechanisms,accessible to the widest range of operators
WHAT DOES SPORT NEED?
SPORT NEEDS
• In-depth, serious governance reform, independently monitored
• Effective regulation/ discipline of the sports betting market and a credible, concerted, coordinated global approach against match-fixing, illegal betting and sports betting fraud
• Enhanced regulatory framework and enhanced supervision of sport-related financial transactions, products and vehicles, including TPO, club ownership investment, investments funds, etc.
SPORT INTEGRITY GLOBAL ALLIANCE
• Global, independent, neutral alliance
• Led by the sports industry and supported by key stakeholders committed
to moving beyond the idea of “fixing” problems, and towards creating a
new culture entirely.
• ICSS supports SIGA with an aim of creating new systems and new
approaches and inspire the necessary global leadership to promote good
governance in the sport industry and safeguard the integrity of sport
through the development and adoption of a set of universal integrity
standards enforced and monitored by an independent, neutral and global
body.
SIGA
Financial Integrity Good GovernanceSports Betting
Integrity
Charter of Fundamental Principles
Organisational Competencies
Activities
Monitoring and
Compliance
Due Diligence
Independent oversight
Monitoring and
Compliance
Certfication
Independent oversight
Monitoring and
Compliance
Intelligence
Universal Standards
Universal Standards
Universal
StandardsTools
SIGA administers universal standards on financial integrity, good governance and competition integrity
GLOBAL RATING SYSTEM ON SPORT INTEGRITY
Kn
ow
lege
sharin
g, Trainin
g & Ed
ucatio
n
Each strand of SIGA will deal with a number of key issues
Democracy
Transparency
Accountability
Meaningful stakeholder / independent
representation in decision-making
bodies
Autonomy of sport within the Law
Financial Integrity Good Governance
Match-fixing
Betting fraud
Corruption of betting markets
Criminal infiltration of sports
competitions
Role of Governments, Sports
Competition Organisers, Law
Enforcement and Sports Betting
Industry
Sports Betting Integrity(Anti-Betting Fraud/Anti-Match Fixing)
SIGA
Sport-related financial transactions (e.g. players transfers fees, agents’
commissions, etc.)
Third party ownership of players’
economic rights
Offshore investments funds,
ownership and functioning
Club ownership & criminal infiltration
(e.g., shell companies)
Clubs licensing (financial standards and
supervision mechanisms)
Bidding for major sports events,
broadcasting deals and sponsorship
arrangements
Money laundering & tax evasion
危 机
