1

List of Key Abbreviations ............................................................................................ 10

Introduction .............................................................................................................. 12
The Hosting of the Games, the regulations and the institutions .............................. 12
The importance of sporting events for the international procedures ....................... 12
Sporting Games and the theory of the Games ......................................................... 14
The Game with its rules-tests of legal pluralism ..................................................... 14
CHAPTER 1 ........................................................................................................ 15
The historical and ideological background of the Olympic Games ......................... 15
The human body, the international society and the fair play of history .............. 15
The relation between the body and the city ......................................................... 22
The historical evolution of the Olympic Games; ................................................. 24
The body from the classic antiquity to the Age of Enlightenment ...................... 24
The adoration of the human body in the palaistras .............................................. 24
The Games during the period of Homer .................................................................. 25
The Games of the Classical era ................................................................................ 25
The Pan-Hellenic Games ......................................................................................... 26
City-state and sport .................................................................................................. 26
War and Sport .......................................................................................................... 26
From the Roman Empire to Theodosius .................................................................. 27
Sport during the Medieval Age ................................................................................ 27
Sport from the Renaissance until the Age of Enlightenment ................................... 27
Sport and liberalism ................................................................................................. 28
The contemporary exercising body.......................................................................... 29
The Para-Olympic Games and the handicapped body ............................................. 31
The constructed body of the athlete ......................................................................... 32
Is there an ideal body? ............................................................................................. 32
Chapter 2 ...................................................................................................................... 33
From the Olympic Games of the Antiquity until the Modern Olympic Games. ..... 33
The Modern Olympic Games................................................................................... 33
From the First Modern Olympic Games of Athens to the Olympic games of Europe
.................................................................................................................................. 33
The first Olympic Games ......................................................................................... 33
The Games of Barcelona .......................................................................................... 35
Security in the Barcelona Games ................................................................................. 37
EU law ......................................................................................................................... 39
The Games and the city................................................................................................ 39
2

The innovative Olympic Games of 1896 and 2004 ................................................. 40

An overview ................................................................................................................. 41
Athens: the first European Host City in the European Territory ............................. 42
The Greek sprinters scandal ..................................................................................... 43
The Vodafone scandal.............................................................................................. 44
The Siemens scandal ................................................................................................ 44
The Cassandras which were denied ......................................................................... 44
In 2008 the world athletic society is hosted to Beijing. The importance of the Asian
continent and the human rights crisis....................................................................... 46
The London 2012 Olympics .................................................................................... 47
The challenge of the first European Olympic Games .............................................. 48
Chapter 3 ...................................................................................................................... 52
The Olympic Movement Rules: Autonomy and Pluralism...................................... 52
The legislative framework of sport and its relation to the Olympic organization54
Sport as a means of expression of the freedom of association ................................ 54
The end of amateur sport and the role of the IOC ............................................... 55
The interest of modern states in sport .................................................................. 55
The particular attributes of the Olympic organization An autonomous
legislative framework for the Olympic Games .................................................... 56
The legal status of the Olympic organization and the legislative framework of
sport...................................................................................................................... 56
The freedom to contract and the relation between the associative nature of sport
and the Olympic organization .............................................................................. 58
A state regulatory framework for sport .................................................................... 60
The international constitutional framework of sports .................................................. 60
The positions of the Council of Europe about Sport and their contribution to the
forming of a European perception about sports ........................................................... 61
Violence and misbehavior at sport events ................................................................... 62
Violence and Sport in International Treaties-The Council of Europe position ....... 63
Sporting Rules, Olympic Games and International Law ......................................... 65
The Role of NATO ...................................................................................................... 66
The international agreements against doping .......................................................... 67
WADA and UNESCO against doping ..................................................................... 67
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 ........................................................................................................ 67
Fair play in the Code of Sports Ethics of the Council of Europe ................................ 69
The integration of the ethical rules of sport in national laws ....................................... 70
The rule of law and the fair play .................................................................................. 73
3

Chapter 4 ...................................................................................................................... 76
The rules of the Olympic Movement and the state rules ............................................. 76
The regulatory framework of the Olympics ............................................................. 76
The Olympic Movement .......................................................................................... 76
Olympism ................................................................................................................. 78
The Olympic Charter ............................................................................................... 79
The Olympic Games ................................................................................................ 80
The International Olympic Committee (IOC).......................................................... 81
The International Federations (IFs) ......................................................................... 82
The National Olympic Committees (NOCs)............................................................ 83
The Host City Contract and Olympic Games-the penetration of the Olympic
Movement Rules in the national legal orders .......................................................... 84
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 ........... 85
The Host City Contract and the Olympic Charter ....................................................... 86
Dispute Resolution-Establishment of a separate court ............................................ 90
The Court of Arbitration for Sports ( C. A. S. ) ....................................................... 91
History...................................................................................................................... 91
ICAS ........................................................................................................................ 91
Composition and formation- arbitration agreement- competency- decisions .......... 92
ad hoc section (ADH) .............................................................................................. 95
CAS and ECHR ....................................................................................................... 96
Obligatory submission-standard clauses-human rights ........................................... 97
The competitive relation between the Olympic movement rules and the
national/state ones and the institutional balancing of each Olympic organization .. 98
Chapter 5 .................................................................................................................... 100
Human Rights and Olympic Games .......................................................................... 100
The protection of the human rights as a major objective of the Olympic Games ..... 103
The Amendment of the Chinese Constitution in 2004- 3 years after the amendment
of the Greek one ..................................................................................................... 104
The competitive relationship among the Olympic Movement rules and the state
rules and the institutional balancing of each Olympic Organization ..................... 106
Olympic Charter and Human Rights...................................................................... 108
The Olympic Movement Rules and the Constitution ................................................ 109
Is sport a human right? ........................................................................................... 109
The protection of the environment ......................................................................... 110
Sustainable development according to the Olympic Charter and the Host City
Contract ...................................................................................................................... 111

Olympic Charter and tolerance .............................................................................. 113

The Games of a city, a contact, an ideology .......................................................... 114
Human Rights & Anti-Discrimination Provisions in Sports Treaties ........................ 116
Chapter 6 .................................................................................................................... 117
Olympic Truce ....................................................................................................... 117
General ................................................................................................................... 117
1.The ancient truce ................................................................................................. 118
1.1. The foundation of the truce ......................................................................... 118
1.2Procedure of declaration-heralds ...................................................................... 118
1.3.Content of the truce .......................................................................................... 119
1.4.Violation of the truce-sanctions ....................................................................... 120
1.5.The importance of the truce ............................................................................. 121
2.

The Olympic Truce in the modern era ............................................................... 121

2.1. Ideological background ................................................................................... 121
2.2.The revival, the Olympic Truce Foundation, the UN contribution and the EU
attitude.................................................................................................................... 124
2.3. The Olympic truce in effect ............................................................................ 128
2.4.Potential avenues of a more effective revival .................................................. 128
2.5 Conclusion ........................................! .

Chapter 7 .................................................................................................................... 132

DOPING ............................................................................................................ 132
1. General ........................................................................................................... 132
2.The International respond ............................................................................... 133
3.DOPING AND EUROPEAN UNION............................................................ 135
Doping and European Convention of Human Rights ........................................ 140
The Meca-Medina Judgement............................................................................ 142
More about the proportionality: Is doping really proportionate?....................... 144
1) unfair advantage ............................................................................................ 144
2) protection of athletes health ......................................................................... 145
3) The image of sport ......................................................................................... 145
Final Remarks .................................................................................................... 146
Chapter 8 .................................................................................................................... 148
Community law and sport .......................................................................................... 148
European law and Olympic Games............................................................................ 151
The Community Law involvement in sport and Olympic Games ............................. 152
The prevalence of the Community law over the regulations of the sporting
institutions .......................................................................................................... 155
5

The effect of the Bosman judgment in the Olympic movement rules ............... 158
The relation between the EC law and the Olympic movement rules ......................... 162
ADDENDUM ............................................................................................................ 164
Sport: a defined Community term with international references ............................... 165
Sport and EC law ....................................................................................................... 166
The Community interest in sport and the formation of a European participial
democracy .............................................................................................................. 167
The evolution of the community provisions on sport ................................................ 168
The gradual entrance of sport in the EC Treaty ......................................................... 169
The declarations of Amsterdam and Nice .................................................................. 169
The Constitutional Treaty Draft ................................................................................. 170
The European Forum on Sport ................................................................................... 183
The European Parliament and its positions about sport in Europe .................... 183
The regulation of sport by the EC law: prevalence of the EC law and selfidentity/specificity of sport .................................................................................... 184
The White Paper on sport .......................................................................................... 185
The European Approach to sport ............................................................................... 185
Towards a formation of European perception on sport. ........................................ 187
EC law and 2004 Olympic Games ............................................................................. 188
The influence of the case law of the European Court of Justice on the rules of the
Olympic Movement ................................................................................................... 191
The rationalization of sports rules in the framework of Community law .................. 191
The rationalization of the sports phenomenon in the framework of the Council of
Europe ........................................................................................................................ 192
The limits to the autonomy of the Olympic organization .......................................... 193
Towards a global Olympic Organization of rules and Institutions ............................ 194
Chapter 9 .................................................................................................................... 196
Special EU law Issues ................................................................................................ 196
Sport, Freedom of movement, mutual recognition and right of establishment ......... 196
Sport and Competition Policy .................................................................................... 197
Freedom of the athletes establishment...................................................................... 201
Freedom of movement of goods and sport ................................................................ 202
EC law, Mass Media and Sport.................................................................................. 203
Competition-Public Contracts and Olympics Games ................................................ 204
Greece-supply of automatic weather stations ............................................................ 205
Cameras and the protection of personal data .................... !
.
The tickets selling matter and the competition rules ................................................. 206
6

Sport and Education ................................................................................................... 208

Sport and equal opportunities .................................................................................... 209
Sport and Employment policy ................................................................................... 210
Sport and External Relations ..................................................................................... 210
Sport and Internal Market .......................................................................................... 211
Sport, Justice and Home affairs policy ...................................................................... 211
Sport and New technologies ...................................................................................... 212
Sport and social politic............................................................................................... 213
Sport and Youth ......................................................................................................... 214
Chapter 10 .................................................................................................................. 215
Athens: the first European Host City in the European Territory ........................... 215
THE BID PROCESS.......................................................................................... 215
The legislative regulation of sport in the Greek legal order .............................. 217
The Host City Contract of Athens and the Olympic Charter ..................................... 218
The influence of the rules of the Olympic Movement on the legislation of the host
country ....................................................................................................................... 221
The Olympic Charter and the Greek legislation ........................................................ 221
The dialectic relation between the Olympic Charter and the legal order of the Host
City The legal nature of the Olympic Charter ........................................................ 222
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 .............................. 226
Law 2598/1998 Organization of the Olympic Games Athens 2004 .................... 228
Law 2730/1999 Planning, complete development and carrying-out of the Olympic
Works and other provisions (Government Gazette 130 A) ..................................... 232
Law 2819/2000 Creation of the Olympic Village 2004 SA, protection of the Olympic
symbols and indicia and other provisions................................................................. 234
Law 2833/2000 Issues of Preparation of the Olympic Games of 2004 and other
provisions.................................................................................................................. 236
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. .................................................................................... 238
The security of the Games ..................................................................................... 238
General Remarks ........................................................................................................ 239
Chapter 11 .................................................................................................................. 242
The Olympic Games of 2012: London, the second European experiment ................ 242
Bidding process and governmental support ............................................................... 242
The London Olympic Games and Para-Olympic games Act 2006........................ 243
THE OLYMPIC DELIVERY AUTHORITY ....................................................... 244
General Competence .............................................................................................. 244
7

Planning ................................................................................................................. 245

Security .................................................................................................................. 246
Transfer scemes ..................................................................................................... 247
Dissolution ............................................................................................................. 247
TRANSPORT ............................................................................................................ 247
ADVERTISING-TRADING ................................................................................. 249
Sale of Tickets........................................................................................................ 253
Olympic symbol protection and fight against ambush marketing ..................... 254
Greater London Olympic Authority....................................................................... 258
Regional Development Agencies ........................................................................... 260
Extent and application............................................................................................ 260
Sustainability.............................................................................................................. 261
Volunteering ...................................................................................................... 264
Chapter 12 .......................................................................................................... 268
SPECIAL ISSUES-OLYMPICS, IP PROTECTION AND BROADCASTING
RIGHTS ............................................................................................................. 268
PROTECTION OF THE OLYMPIC INSIGNIA-AMBUSH MARKETING .. 268
GENERAL ......................................................................................................... 268
The commercialization of the Games and the early violations. ................................. 268
The Nairobi Treaty............................................................................................. 271
AMBUSH MARKETING ..................................................................................... 272
General ................................................................................................................... 272
Sponsorship ................................................................................................................ 273
Ambushing strategies and examples .................................................................. 276
RESPONSES TO AMBUSH MARKETING .................................................... 279
Special legislation introduced by the hosting states .......................................... 281
Ambush marketing legislation and freedom of expression................................ 289
Non-judicial protection against ambsuh marketing ........................................... 290
Olympics and Broadcasting ....................! .
...............................................................! .

The Olympic Games of the European Union

Trova Eleni
Skouris Panagiotis
Alexandrakis Evagelos

2010

List of Key Abbreviations

ANOC
ASOIF
AIOWF
ARISF

Association of National Olympic Committees

Association of Summer Olympic International Federations
Association of International Winter Sports Federations)

CAS

Court of Arbitration for Sport

COE

Council of Europe

ECRI

European Commission against Racism and Intolerance

EOC

European Olympic Committees

FAI

Football Association of Ireland (Dublin)

FFA

Football Federation of Australia

FIBA

Fdration Internationale de Basketball Association

FIFA

Fdration Internationale de Football Association

FILA

Fdration Internationale de Luttes Associes

FINA

Fdration Internationale de Natation

IAAF

International Association of Athletics Federations

IASL

International Association of Sports Law

IFA

Irish Football Association (Belfast)

IOC

International Olympic Committee

IRB

International Rugby Board

ISDC

International Standard for Doping Control

NGOs

Non Governmental Organizations

NOCs

National Olympic Committees

OECD

Organization for Economic Co-operation and Development

TAS

Tribunal Arbitral du Sport

UEFA

Union des Associations Europennes de Football

UNESCO

United Nations Educational, Scientific and Cultural Organization

WADA

World Anti-Doping Agency

WHO

World Health Organization

Association of the IOC Recognized International Sports Federations

10

11

Introduction
The Hosting of the Games, the regulations and the institutions
The regulatory framework of sport and especially the one of the Olympic Games is
of great interest because of its autonomy and its particularity in terms of the various
regulatory frameworks of the states and the international organizations. The constant
interchange of the hosting cities of mega events leads to the revival of the
consideration regarding this issue and simultaneously triggers some skepticism
towards the legal pluralism. This skepticism acquires a special importance, taking
into consideration the existence of the Community Law.
The transition of the sporting events in various states and cities is closely linked with
the history of sports. The sporting mobility allows, in this way, the admission of each
sporting event, the regulation which accompanies it, and the institutional framework
which each organization requires. In contrast to the Ancient Olympics which were
necessarily connected with the Ancient Olympia, the modern Olympic Games follow
the achievements of modern sport which combines the spectacle with the message of
the organization which is linked with the respective city. Having originated from the
medieval age, the events replace the huge conflicts and the political disagreements
and simultaneously lead to an institutional combination that only mobility can
provide.
For this reason, the sporting events have acquired an increasingly economic interest.
Also, institutionally they allow a regulatory composition that many international
organizations would be envious of. It has to be pointed out from the very beginning
that the Community law never lost its interest for the sporting events even though
initially sport did not fall within the interest of the community legislator.
However, between the Olympiads of Athens in 2004 and the upcoming one of
London in 2012, Community law acquires a special field of coexistence and dialogue
with the regulatory framework of the Olympic Games.
The hosting of the Games, the regulations and the institutions attracts our interest.
We owe an initial explanation of the term hosting or philoxenia. Term of the
classic antiquity, it was adopted by the Olympic movement via the host city in
order to make the city and not the state the basic scene of the Olympic events.
Besides, this is the sporting tradition.
This opinion though does not take into account the role of the states as regulatory
actors, nor the role of a union of states, like the European Union. Therefore, the term
philoxenia-hosting poses the question: who is the friend and who is the stranger?
The importance of sporting events for the international procedures

12

Olympic Games have been closely linked with the political and historical evolution
since the period when the Delphi Oracle consulted Ifitos, the king of Elis, in 776BC,
to organize sporting and cultural games in Olympia in order for the armed conflicts
to cease.
In the 20th century, Olympic Games found themselves in the heart of history quite a
few times. They coexisted with wars, boycotts, terrorist attacks, and diplomatic
episodes. In 1920 the very first boycott was noted in the Adverb Olympic Games,
making the victory of the democratic states a depositary of the international policy
and the sport order. London, as a the host city of the 1948 Olympics expressed the
victory of the Antant Alliance, while the Elsinki 1952 Olympiad was considered to
be a symbolic choice which led to the return of USSR and of the other social
countries to the Olympic Movement. Cities-symbols and times of crisis prove that
the Olympics are something much more than a mere sporting event and further that
sport is something more than athletic performances of certain people.1
The year 2008 promotes, in no uncertain terms, the dynamic entrance of China in the
international affairs and its acceptance from the entire international society as a
leading state. The year 2012 is bringing Europe and fair play in the international
scene again. However, Athens was the first city which promoted the European
character of the Games, since the Olympiad of 2004 was the first one which took
place under the absolute application of community law. The Games of the 21st
century are not expected to have a different fate from the Games of the 20th century.
Closely linked with the history of the world, they are facing the world society which
is dynamically evolving as well as the domestic and international legislations which
have to coexist with the regulations of the Olympic movement. The first Olympic
Games of the 21st century were the ones of Athens.
The Athens of 2004 seemed to be a chance not only for the restitution of the
symbolisms but also for the unification of the sporting movement with its ancient
Greek dimension. The main issue, though, among the symbolisms that Athens had to
promote was the contribution of the European Union to the spread of the ancient
Greek ideas as were accepted by the Enlightenment and promoted by the Olympic
Movement. Athens was charged with the duty to promote the first Olympic Games of
Europe with the consciousness of the balances that they were surrounded by. Out of

Roche M., Mega-Events and Modernity: Olympics and Expos in the Growth of Global
Culture, London: Routledge, 2000, Deutsch K.W. and R.L. Merritt, Effects of events on
national and international images, in H.C. Kelman (ed.): International behavior: a socialpsychological analysis. New York: Holt, Rinehart & Winston, 1965, p. 130-187, Wong,
Glenn M. Essentials of sports law. Praeger, 2002, Wise, Aaron N. and Bruce S. Meyer..
International sports law and business. Kluwer Law International, 1997, Rosentraub Mark S.
Governing Sports in the Global Era: A Political Economy of Major League Baseball and Its
Stakeholders. Indiana journal of global legal studies. Indiana University: Bloomington, 2000,

13

legal point of view, a deep study of the legal pluralism would be greatly benefited by
a study of this phenomenon.
Athens in 2004 hosted the relations of history, rules and opinions in a relatively
neutral and without political ambitions territory.2 Those Games cannot be really
characterized as Games of power, but mainly as Games of international conflicts and
symbolisms. Perhaps, Athens constituted a chance of particular importance for the
development of ideas in the body of Europe and in front of the eyes of billions of
tele-spectators. The IOC gave this opportunity to Athens and to Europe at difficult
times and during exceptionally sad historical conflicts in the area.
Sporting Games and the theory of the Games
The theory of Games includes both the sporting games and the historical games. In
these games the athlete is starring, as a body-symbol of the human being who
exceeds his personal and natural destine within the historical juncture.
The Game with its rules-tests of legal pluralism
A system of rules which interact among them shows the character of these relations.
The supranational unions, the states, sport, the unions, the people are all taking part
in this system and through the required overcome of the rules, their application and
effectiveness is tested.3

Analytically in http://olympicstudies.uab.es/athens2004/eng/home.htmll about the Games of

Athens according to the research of the Olympic Studies Center of Barcelona
3

Relatively, Heila Eir., Sport and political crisis, Kathimerini, Epta Hmeres 16/5/2004,
Wertz S.K., Talking a Good Game: Inquiries into the Principles of Sport , 1994, Texas:
Southern Methodist University Press, Caillois R., Man, Play, and Games , 1961, New York:
Free Press.

14

CHAPTER 1
The historical and ideological background of the Olympic Games
The human body, the international society and the fair play of history
Coubertin mentions that sports and Olympic Games are expressions of the human
culture, spirit and body, the contrition and the consciousness. The desire and the
consciousness fight in an intense and cruel way; since they are both dominators and
they fight for the prevalence. However, what we should do is to succeed in having a
balance. This is why we did not want to offer a doubtful definition of Olympism but
preferred to reflect about the meaning that the human body can have. Olympism is a
collection of values, which beyond their natural existence are developing via the
participation in sport. This principle comprises the fundamental values of the modern
theory of sport and of the sport education on a human basis4.
Coubertin is also responsible for the following definition of Olympism: Olympism
includes all the principles which contribute to the development of the human species.
Therefore, the Coubertins olympism is addressing at everyone, regardless age, race,
occupation, nationality or religion. Its dominant element is that it gathers people of
good faith as long as they are serious in respect of their commitments towards
humanity. Even though it is tolerant towards difference, it allows differences to
emerge.
Coubertins Olympism presents the Promithian human being and the human being of
excesses. It creates the half-God within the origins of ancient Greek games and offers
belief in the excesses which in terms of sport as a score or performances, pass
through the post-natural and the social deviation to the everyday framework of a
sporting event.
The revival of the Olympics was the expression of a movement of ideals and a
perception of life which enhanced the human body and its achievements in a
prominent actor of history.5 In the centre of the theatre, Colosseum, the stadium, in

Gerber, E. W. and Morgan, W.J. (eds)) Sport and the Body: A Philosophical Symposium
(second edition) 1979, Philadelphia: Lea and Febiger, Slusher, H.S., Man, Sport and
Existence: A Critical Analysis , 1967, Philadelphia: Lea and Febiger, Spicker, S.F. (Ed.) The
Philosophy of the Body: Rejections of Cartesian Dualism , 1970, Chicago, Quadrangle
Books.
5

Among others, Stewart Art, Desire and body in Ancient Greece, Alexandreia, 2003
Coubertin P., Almanach olympique pour 1918. Lausanne: [s.n.], Coubertin, P. (1918a):
Olympic letter V. Olympic pedagogy, in Mller, N. (ed.) 2000: Olympism: selected
writings of Pierre de Coubertin. Lausanne : IOC, p. 217, Coubertin, P. (1918b): Olympic
letter IV. Olympism as a state of mind, in Mller, N. (ed.) 2000: Olympism: selected

15

the centre of history, as an imitation of an important and fine art, the human body,
covered or nude, regained via the Olympic movement a decisive role for the
evolution of the world. As Platon has shown in Harmides6 the beauty of the body as a
value of utmost importance, relevant to the moral and the entire existence of the
human being, the Games enhanced the body to a value in the contemporary
civilization.
Romantism and voluntarism, the principle of progress and the socialistic ideology,
the critical attitude towards the religions are principles that highly affect the Olympic
charter.7 The Olympic Movement along with other contemporary movements would
contribute to the creation of another world.8 The Olympic Chapter was establishing
writings of Pierre de Coubertin. Lausanne : IOC, p. 548, Coubertin P. (1920): Address
delivered at Antwerp City Hall in August, 1920: sport is King, in Mller, N. (ed.) 2000:
Olympism: selected writings of Pierre de Coubertin. Lausanne : IOC, p. 222-226, Coubertin,
P. (1925): Speech given at the opening of the Olympic Congresses at the City Hall of
Prague, May 1925, in Mller, N. (ed.) 2000: Olympism: selected writings of Pierre de
Coubertin. Lausanne : IOC, p. 555-556, Grupe,O., Studien zur pdagogischen Theorie der
Leibeserziehung. Schorndorf : Hofmann, 1968, Grupe O., Grundlagen der Sportpdagogik:
Krperlichkeit, Bewegung und Erfahrung im Sport. Schorndorf : Hofmann, Grupe O. (1985):
Anthroplogische Grundfragen der Sportpdaogik, in Denk, H. and G. Hecker (eds.): Texte
zur Sportpdagogik. Vol.2. Schorndorf: Hofmann, 1984, p. 35-61, Lenk H., Werte, Ziele,
Wirklichkeit der modernen Olympischen Spiele. Schorndorf: Hofmann 2nd ed. 1972, Malter,
R. (1996): Eurythmie des Lebens als Ideal menschlicher Existenz. Bemerkungen zu
Coubertins geschichtsphilosocher Anthropologie, in Mller, N. and M. Messing (eds.): Auf
der Suche nach der Olympischen Idee. Kassel : Agon, p. 9-16, Meinberg E., Warum
Theorien sportlichen Handelns Anthropologie bentigen?, Sportwissenschaft, 17, p. 20-36,
1987, Meinberg E., Hauptprobleme der Sportpdagogik: eine Einfhrung. Darmstadt :
Wiss.1991, Buchgesellschaft, Mller, N. (1975b): Die Olympische: idee Pierre de Coubertins
und Carl Diems in ihrer Auswirkung auf die Internacional Olympische Akademie (Vol.I)
(Dissertation Graz). [S.l.] : [s.n.], Mller N. (ed.) (1986a): Pierre de Coubertin: textes choisis.
Vol.I Revlation . Zurich : Weidmann, Mller, N. (ed.) (1986b): Pierre de Coubertin:
textes choisis. Vol.II Olympisme . Zurich : Weidmann, Mller N., One hundred years of
Olympic Congresses 1894-1994. Lausanne : IOC,1994, Muller N. and O. Schantz,
Bibliography: Pierre de Coubertin. Lausanne : CIPC 1991, .
6

Plato, Charmides, Library of Ancient Greek writers, 50, Daidalos Zaharopoulos,

Introduction, Translation, Comments, N. Tenenes
7

During a period that the catalogue of the human rights was not obviously taking a
precedence in the national Constitutions and, even though France was hesitating to introduce
declarations within its constitution, the Olympic Movement began its life by declaring the
values and the rights that frame it, basing its existence on the freedom of will and the freedom
of contracts as well as on the principle of collectiveness and the respect of the collective
organs. The structure of the Olympic Charter is reminiscent of the structure of modern
constitutions. It comprises initially the fundamental principles, then its organizational
schemes and finally the judicial system. It regulates the total of the relations of individuals,
unions and athletes in the five continents, through their submission and commitment to the
Olympic Charter.
8

Among others, see the criticism to the positions of De Coubertin by the French sightseer
Charl Moras, in Athens 1896, The first Olympic Games, Okeanida 2000, p.15

16

a movement quite similar to the contemporary movements of that era with ulterior
motive the social change.9 Therefore, the present time and history was not enough for
the development of the body, but the excess that was tried to be achieved through the
score and the games was about the whole human destine.
The theatre of the human body, the stadium lies in many cities of the world and
reminds its value.10 The temples of the absent Gods were replaced by the temples of
the present bodies. The city was from the beginning the central point of the Olympic
movement development.11 This was a two-fold meaning. On the one hand, it was not
the state structure that the Olympic Movement should deal with. On the other hand,
the city constituted not only an administrative unit but also a geographical and
infrastructural territory. The Olympic Movement acquired through the city a
geopolitical importance and an essential territorial dimension.
The Olympics have turned out to be the most impressive and spectacular public
cultural event in the modern society.12 The first modern Olympic Games of Athens
1896 attracted 311 athletes from 13 countries. The Sydney 2000 involved 10651
athletes from 199 countries and along with the ticket sales 6.7 million people. &

Giannakourou G, Trova E., Olympic Games and Law, Ant.N.Sakkoulas 2001, p.278

10

See about the relation between the body and the city in the antiquity Stewart A., p.40 and
bibliography
Cashman Richard, Impact of the games on Olympic Host Cities,
http://olympicstudies.uab.es/lectures/web/lec.asp?id_llico=8, Cashman Richard; Anthony
Hughes, Staging the Olympics: the event and its impact. Sydney : UNSW Press. Lenskyj,
Helen Jefferson (1992): More than Games: community involvement in the Toronto bid for
the 1996 Summer Olympics, in Robert Barney [et al.] (eds.): Proceedings: First
International Symposium for Olympic Research. 1992, Ontario : University of Western
Ontario, p. 7887.
Kidd, Bruce ,The Toronto Olympic Movement: towards a social contract for the Olympic
Games, in Robert Barney [et al.] (eds. ): Proceedings: First International Symposium for
Olympic Research, 1992, Ontario : University of Western Ontario, p. 6777.
11

12

Stephen-Essex, Brian-Chalkley, Urban Transformation from hosting the Olympic Games,

http://olympicstudies.uab.es/lectures/web/abo.asp?id_llico=11 , Andranovich, G.,
Burbank, M.J. and Heying, C.H. (2001) Olympic Cities: Lessons from Mega-Event Politics,
Journal of Urban Affairs, 23 (2), 113-131. McKay, M. and Plumb, C. (2001) Reaching
Beyond the Gold: The Impact of the Olympic Games on Real Estate Markets, Global Insights,
Issue 1, Chicago: Jones Lang LaSalle IP Inc., Suits, B. (1978) The Grasshopper; Games, Life
and Utopia , Toronto: University of Toronto Press.

17

billion people watched the Games from television. (Sydney Marketing Review,
2001)
Given the world attention that this event requires, the host city cannot host the
Games without important changes of infrastructure and investments. The host cities
are obliged to offer modern sporting departments of high quality. Additionally,
further investments in tourism, transports, telecommunications, hotels, the
development of the environmental protection, are vital for a successful organization
for the athletes and the spectators. These wider investments contribute also to the
creation of a world point of view for the host-city, which encourages a prospect of
touristic promotion and constant development. The Olympics are something much
deeper than a sporting event: they constitute a vehicle of the cities development and a
decisive incentive for the essential change of the cities. Nevertheless, the Games
involve some dangers as well as opportunities in respect of the effective amendment
of the host centers.13
Cities have always been pivotal points for the development of sport and the
organization of the entire sporting movement was based on them.14 The only thing
that a city had to do was to create the superstructure of Olympism which would
include the federations and the clubs in its system that was envisaged. 15 Pierre de
Coubertin promoted his revolution through the system and according to his rules.16 In
this way the posterior Olympic Games were also organized: based on the city, the
city which is not a location, nor a paleodomical-infrastructural web, nor geography.
For the Olympic Movement the city is perceived as geopolitical and post-natural.
The city, as a geopolitical choice, and occasionally every host city acquires a
particularly global role and focuses the action of its public authority on the
organization of a seemingly harmless sporting event.
The city and every host city as a post-natural choice is a kind of promotion of Edem,
a paradise, a fine place, a city with stadia and palestras where the human body is
subject to admiration. With a civil thought and far away from the organized gardens
13

Cashman R., Impact of the Games on Olympic Host Cities, Fundamental Olympic
Lessons, Olympic Studies Centre, Universitat Autnoma de Barcelona, 2003, Hiller H.,
Mega-Events, Urban Boosterism and Growth Strategies: An Analysis of the Objectives and
Legitimations of the Cape Town 2004 Olympic Bid, International Journal of Urban and
Regional Research, 2000, 24 (2), 439-458
14

Among others Decker W., Sport in Greek antiquity, From the Minaons to the Olympics,
Introduction V.Filia, Papazises, Athens 2004, and analytical bibliography
15

Moragas, Miquel de; Christopher Kennett and Nuria Puig (eds.), : The Legacy of the
Olympic Games 1984-2002: International Symposium, Lausanne, 14th, 15th and 16th
November 2002. Lausanne : International Olympic Committee, 2003.
16

de Coubertin P., Une Olympie Moderne , in P. de Coubertin, J.-A Samaranch, Esprit

Olympique, L sprit du Temps, Paris, 1992, p. 25 ff.

18

of agricultural origins (the one that is invoked by many religions), the Olympic
Movement placed the perfect place upon this world, with a concept of freedom and
tolerance, beyond nations and religions. In this way, every organization is nothing
but an attempt of accomplishing this vision within the territory of an already existing
city.
The Olympic Charter frankly depicts this conception and has already embodied
fundamental rules for the protection of the place and the environment in its
regulatory system.17 The IOC envisages the city of the Olympic Games, the host city,
as a city full of sporting arenas, environmentally clean and sustainable. 18 The city
of the games is sustainable for the sports and the athletes sake.
The creation of a city with gymnasia and palestras was not self-evident in the modern
Europe where the belfry was dominating the infrastructural web of the city.19 The
ancient Greek perception of the nude Games and athlete obviously had no place in
the Christian democracy.20 The body is absent in Christian democracies and their
declarations, including the constitutional ones, and only some provisions like the ban
on any form of torture remind that the citizens have feelings and bodies. Beyond that,
the body is subject to the prohibitive provisions related to the fundamental
institutions of the society, according to the rules of interpretation.21 The organization
17

The constitutional principles of the IOC and the environmental protection (article 2,13 of
the Olympic Charter)
18

See also Dr. Josep Tarradellas Maci, Sport, Olympic Movement and Sustainable
Development in Olympic Studies Center, Universitat Autonoma de Barcelona, in
http://olympicstudies.uab.es/eng/dossier_det.asp?id_do=5 .
enevolo L., The City in Europe, Ellinika Grammata, 1997 and bibliograpohy. For an
analytical approach of these matters see da Costa, L., Toward a Theory of Environment and
Sport, in L. da Costa (ed), Environment and Sport. An international overview, Faculty of
Sports Sciences and Physical Education, University of Porto, Portugal, 1997, p. 41 ff.
19

20

After antiquity the questioning about the body and the existence mainly constituted a matter
that was dealt by the religion. See Akinatis T.,De ente et essentie Dodoni 1998
21

See the illuminating masterpiece about the role of the individual in the democracy in
Robertson G., Freedom, The Individual and the Law, Penguin Books, London 1989, but in
particular Dworkin R., Freedoms Law, The moral reading of the american constitution,
Oxford University Press 1996 and the objections that it triggered mainly because of the
renown objection of Posner R. in Problematics of Moral and Legal Reasoning, Belknap
Press/Harvard University Press 1999 (analytical bibliography of the author in
http://www.law.uchicago.edu/faculty/posner-r/publications.html ). Also, see the absolutely
contemporary
Posners
Charges:
What
I
Actually
Said

http://www.nyu.edu/gsas/dept/philo/faculty/dworkin/papers/posner.html Dworkin R. with

analytical bibliography

19

of the Olympic Games by Athens in 2004 constitutes therefore a multiple challenge

since it intensifies the classical memories of the Olympic Movement in the body of a
European developing city.22
Every Olympic organization tests simultaneously the human beings and the states as ,
the institutions and the rules as players.23 The rules of the game, the fair play24 and
the instant character of every organization could make somebody perceive the city as
being a game, to test its rules, to exercise through its institutions and accomplish
good performances or fail. Consequently, the study of the rules leads to many aims25:

22

Pyrgiotis G., The function of the city during the Games, Examples of previous
organizations, In Olympic Games and Environmen, Ant.N.Sakkoulas, p.37 ff., Zekos K., The
Olympics, The city of Athens and the transportation structures, in Olympic Games and
Environment, Ant.N.Sakkoulas 2002, p.97 ff.
23

For the theory of the games, among many others, von Neumann J., Morgenstern O.,
Theory of Games and Economic behavior, Princeton University Press, 1944, Kottarides K.,
Siourouni G., Dovotion to John Nash, Theory of Games, Euroasia, 2002, Huizinga J.,
Homo Ludens: A Study of the Play Element in Culture , Suffolk: Paladin, 1970.
24

The principle of fair play, in our opinion, cannot be translated or found as a term in any
other language. It symbolizes, the British inspired structure and ideology of the Olympic
Movement. Being at the center of the Olympic Movement, the fair play principle passed from
Cambridge and Oxford to the whole universe in a boimatic way and without oration. For a
more attractive approach of the fair play principle see N.Kazantzakis, Travelling to England,
Itton, Athens 1964, E.Kazantzaki Publications, p.143.
The Olympic Chapter was follow by the Council of Europe by introducing a Treaty about the
fair play. The European Chapter on Sport has already been adopted at the level of ministers
committee on 14/9/1992 and has many similarities with the Olympic charter. At the same date
the Ministers Committee adopted the Code of Ethics-Fair Play- for sport. In this text there are
some definitions of some ethical terms including the one of fair play. The Council of Europe
has an intense activity in this field and recently in the 9th Session of Ministers of SportHealth and clean sport for the 3rd Millenium on 30/31-5-2000 in Bratislava, took a
resolution with quite a wide scope. Analytically about the matter in
http://culture.coe.fr/sp/splist.html. For the moral rules of the Olympic movement see also
Samaranch J.A., Olympic ethics, in Olympic Review, XXVI- 22, August- September 1998
under the general matter of Fair Play.
25

At this point the reference to Beijing as an organizing city is indicatory regarding the rules
that it adopted in the action program. In particular it mentions the following:
The Olympic Charter and other IOC regulations will be strictly observed, the Host City
Contract honored, related legislation consolidated, law enforcement ability and capability
further improved, and the citizens' legal awareness enhanced, so as to create a favourable
legal environment for the Olympic Games.
Consolidating the protection of the Olympic Symbol - the Regulation on the Protection
of Olympic Symbol adopted by the State Council will be enforced and administrative and
legal proceedings will be taken to protect the Olympic Symbol and related rights. Legal

20

firstly to the ascertainment of the pluralism of the rules which expresses the different
sources of authority; but also sources without the element of authority, such as the
rules of playing the game.26 The Olympic Games are a practice in the phenomenon of
rules, regulation and its pluralism in the world as well as a practice of the individual
and the athletes body in rules. This is a primary aim of the Olympic Movement
itself.
Further, the study of the rules is aiming at the ascertainment of the excessive
importance of fair play and the virtue of accepting the defeat and honoring the
defeated just like the winner; the virtue which values the game and not the result. In
the contemporary capitalism and definitely as the existing socialism accepts, the
acceptance of such opinions seems to be strange. Undoubtedly, fair play constitutes a
contribution of the Age of Enlightenment to the sporting phenomenon and to the
modern vocabulary and ideas.
This study also aims at the ascertainment that beyond the states and the forms of
authority emerging from times to times (religions, ideas etc.) the human body and its
vision can define the historical circumstances in a geopolitical level.
The human body, starring at the sporting events with a proportionate historical
dimension, defines the individual, the material existence, as an actor of history. The
vision through the mass media makes it simultaneously a vision which is promoted in
a global level and glorified as winner. The athletes body constitutes a historical
actor and archetype of the modern individual.27

actions will be taken against infringements, so as to create a clean market and favorable
environment to ensure the protection of the Olympic Symbol.
Improving the legality of government work - law education programs will be carried out
in government departments, especially in the law enforcement organizations, to improve
government staff's initiative in legal administration and their knowledge of law and to raise
their law enforcement ability and service quality. Government work will be open to the public
supervision and information concerning major Olympic construction projects shall be made
public regularly; and administrative power restraint and responsibility binding mechanisms
shall be established to govern the exercise of powers and avoid Olympic-related corruption.
Enhancing law education - On the basis of "the Fourth Five-year Law Popularization
Program", a law education campaign will be initiated, with a stress on the promotion of
intellectual property right protection, so as to help the people raise their law-abiding and legal
right safeguarding awareness. Our target is to establish a favorable environment for the
hosting of the Olympic Games.
26

Silance L., Les sports et le droit, Paris- Bruxelles, 1998.

27

Amnog others, Majer T., The politics as a theatre, Kastaniotis, Anastohasmos, 2000, and
analytical bibliography

21

After the East Midlands and Athens as its border with Europe, Beijing and the
enhancement of Asia to a historical hosting location. A financial decision, a decision
to make a place the center of the world and its picture the international depiction of
history. The connection of the past of the ancient Olympism to the future offers
special interest to the marriage of the athletes apotheosis and the sports in Beijing,
the heart of Asia and the global economy. The addition of the claim for truce makes
the whole venture political.
Therefore, it is obvious that the reference of the body as being subject to the sport
and the history via the Olympics, acquires a dimension closely linked to the social
evolution and the participating democracy28. The Athens Olympics, as the first
Olympics of The Unified Europe lead to a reflection about the contemporary
dimension of the claim and the role of the athlete as a body to the formation of the
role of the individual in the international community. Simultaneously they cause
deep skepticism to the development of the modern democracy, since sport is now a
weapon for the attainment of policy, authority and ideals.
The relation between the body and the city
The relation between the body and the city has been considered to be important since
antiquity when the citizen represented the city in Games through his body which was
appreciated by the city. The institution of Pritaneion expresses, among others, the
importance that the city attached to the bodies of its citizens. In Olympia, statutes
were erected for the athletes and in the basis of each one of those the name and the
city of origin of the respective athlete was mentioned.
Since the era of Diophoros from Cicely, the construction of buildings aiming at the
development of the body and its adoration, contributed highly to the glory of the city.
It is not accidental that inside the gymnasia not only water-basins were noticed but
also olive-places29 as well as libraries. It is not by chance either that the first

28

Best D., Expression in Movement and the Arts , London;1974,

Lepus.
Best D., Philosophy and Human Movement , London; Allen and Unwin, 1978, Brohm J.M., Sport - A Prison of Measured Time , (second edition), 1978, translated by Fraser, I.,
Worcester: Pluto Press, Cantelon H. and Gruneau, R.S. (Eds.) (1982) Sport, Culture and the
Modern State , Toronto: University of Toronto Press. Gibson J.H., Performance Versus
Results: A Critique of Values in Contemporary Sport , Albany: State University of New York
Press, 1993, Gruneau R.S., Class, Sports, and Social Development , (second edition)
Illinois: Human Kinetics, 1999, Hoberman J., Mortal Engines: The Science of Performance
and the Dehumanization of Sport , New York: The Free Press.1992, Keating, J.W. (1978)
Competition and Playful Activities , Washington: University Press of America, Lenk H.
(1969) Social Philosophy of Athletics , Illinois: Stipes Publishing, Metheny E., Connotations
of Movement in Sport and Dance , Iowa: W C Brown, 1965, Metheny, E., Movement and
Meaning , New York: McGraw Hill 1968, Postow B.C. (Ed.), Women, Philosophy, and
Sport , New York: Scarecrow Press, 1983.
29

Where the athletes covered their body with olives

22

philosophical faculties were placed in sporting areas: Plato as is well-known,

founded his philosophical school in Academy, Aristotle in Lykeio, The Kynics in
Kinosarges.30 Of course the Gymnasia were not found exclusively in Athens, but in
every single Greek city-state. In case a city had no gymnasium, it was perceived as
being uncivilized.31 The classic antiquity placed the athletes body in the framework
of the town. The role that sporting Games had in Ancient Greece was connected to
the political transformations that the Greek states met in antiquity. It could be argued
that the same was true for the individuals role who participated in Games.

30

Athens, since the era of Solon, had three big gymnasia: The Academy, the Lyckeio and the
Kynosarges.
31

Analytically, see Mouratides I., History of Physical Education with philosophical

elements, above. p.150 ff., and analytical bibliography, Decker W., Sport in the Greek
antiquity, From the Minoans to the Olympic Games, Papazises 2004

23

The historical evolution of the Olympic Games;

The body from the classic antiquity to the Age of Enlightenment
The adoration of the human body in the palaistras
The importance that ancient Greeks attached to the body made them believe that a
city without palaistras was unworthy and uncivilized. Anaharsis, after having
returned to his homeland from his trip to Greece mentioned that in every single
Greek city there was a place called Gymnasium, where Greeks used to go every day
in order to exercise passionately.32 The adoration of the human body was not the
same in all the civilizations. The nude mans body was considered by the ancient
Greeks to be a symbol of beauty and spirit, an object of passion and inspiration and
was equalized to the Gods body. The athletic exercise, the music and the dance
constituted the essence of the classical Greek education. The ideal of the symmetric
development of body and soul led to the necessity for creation of organized places of
sporting exercise, the gymnasia.33 In the Gymnasium, through the exercise of body
and soul, the citizen of the classical antiquity was getting prepared for his entrance
to the city, that is, the institutions of the politician field and the principles of virtue.
As the ancient drama created scenes which led to catharsis, sport created the
desired simultaneous reality which could be created by the human beings. The
exercise and the care of the body definitely constituted a commodity of the same
importance as education and the development of the spirit.
The body, without the prejudice that the effects of some religions cause, constituted
the objective of the exercise and its hero. The body, as the prevalent aim of the
exercise, was not limited during the classical era to its biological aspect. It was
perceived as being the objective of art, thought and desire.

32

Analytical references and bibliography for this matter in Mouratides I., History of Physical
Education with elements of philosophy, Christodoulidou Publications, Thessaloniki, 2000,
p.147, Goldn M., Sport and Society in Ancient Greece, Cambridge, 1998, Landry, F. and
Orban, W.A.R. (Eds.) (1978) Philosophy, Theology and History of Sport and of Physical
Activity , Quebec: Symposia Specialists.
33

Gymnasium was unknown as an institution during the Homer and the first and middle
archaic period. The establishment of the first gymnasia goes back to the posterior archaic
period (beginnings of the 6th century). This creation coincided with the development of the
institution of the Pan-Hellenic Games (Pythia, Isthmia, Olympia) and the subsequent
spreading of the spirit throughout the Greek territory, Tzachou-Alexandri, O. The
Gymnasium. An institution for Athletics and Education, in National Archeological Museum,
Mind and Body. Athletic Contests in Ancient Greece, Athens, 1989, p. 31

24

The Games during the period of Homer

During the Homer period, the competition in the sporting field seemed to be a
competitive performance which imitated the war preparation and practice.34 The
Homer heroes-athletes were mainly warriors. During this period, as was mentioned
the terms sportsman and sporty represented the necessary relation which should
exist among the terms competition, recognition and reward. The prevalence in
athletic events was linked to the brevity and the corporal dominance and
corresponded and referred to the semiology of the athlete-fighter that could defend
effectively his land territory. This perception was not accidental. It derived from the
numerous conflicts which tantalized the Greek world at that period.
The Games of the Classical era
During the classical era, the philosophy and simisiology of sporting Games was
changed. The military background was gradually limited to a more educational
perception of the Games. In the democratic cities-states, sport was associated with
education and the necessity for responsible citizens to be raised. The objective of the
education in Ancient Athens was the kalokagathia, that is, the creation of a citizen
of physical beauty, brave and bold.
The Olympic Games used to be the most ancient and the most important Games
among all the sport festivities in ancient Greece. They were the greatest religious
celebration among the ones devoted to Jeus. The temple of Olympia imposed its
importance to the entire ancient Greek world and the Olympics became soon the
symbol of pan-Hellenic unification.
The position and the holy character of Olympia were developing as the time went by.
From a mere place of adoration, they evolved to a holly ground, full of artistic
temples, (The temple of Jeus was the greatest one), statutes and buildings. New
events emerged in the Games and new buildings were erected for the athletes
assistance.
The Olympic Games were held every four years during the warm days of the
summer. During the five days of the Games, sacrifices were held. The greatest one
was the scarification of 100 cows in the temple of Jeus. Many athletic events were
held in the Stadium, The Hippodrome and in other places, in front of thousands of
spectators from all the cities of the known world so far. The winners were awarded
with an olive branch and enjoyed great honors in their homeland.
During the period of the Olympics, several events were held: stadium, wrestling,
pangration, equatics, pentathlon) The ones who participated in the Games followed
common rules and contracts, established for the best organization of the Games. All
34

Relatively see Mouratides I., History of Physical Education with elements of philosophy,
Christodoulidou Publications, Thessaloniki, 2000, p.147

25

the cities were obliged to cease their conflicts during the organization of the Games.
All the Greek citizens were eligible to participate. There were certain rules about the
pre-training and the organization of the games.
The Pan-Hellenic Games
In a background of boom of Greek cities, as gymnasia of body and soul, the Olympic
Game turned to pan-Hellenic games. This reality is noticed approximately in 696BC.
Since 558BC the eligibility of participation in the Games was expanded to the
Greeks of the colonies and since the ages of Alexander the Great to the Hellenism of
East. The pan-Hellenic city at that time constituted the philosophical and cultural
basis of the Olympic ideology about the harmonic development of body and soul and
the noble competition. It is clear, therefore, that since the Games of antiquity both the
Games and their basic principles tried and finally achieved to expand to an
exceedingly bigger group of people, which did not decline this call.
City-state and sport
Since the 8th century the emergence of the first cities-states affected the spot
evolution as well. Various systems of sporting education were developed in each
city-state and included athletic exercises, musical education, writing and reading. As
long as there had been aristrocratical regimes, the education was aiming at the
promotion of young members of rich families. The objective of the education was to
help the young people develop their physical and mental skills and to reach
subsequently their harmony. The sporting exercise was accompanied by music. The
music, the dance and the sport were aiming at the achievement of the harmonic
balance between body and mind. Many sporting festivities used to be held in the 8th
century BC by the cities-states which were just founded at that period. These
festivities included many motives for competition, giving in this way the chance to
the habitats of cities-states to show in public their virtue, to compete in order to
excel. Gradually, the musical and athletic competitions evolved in organized local
celebrations on a regular basis. Such games were totally connected with the
adorations of Gods or the heroes and had a religious background. The wide content
of these games is definitely consistent with the belief at that time that human beings
should progress in all the fields and not focus on specific activities.
War and Sport
The athlete in the Olympics represented the city-state of his origin, which honored
him as a winner after the Games. The athletes victory was equalized to a city-states
victory. For this reason, the conflicts among cities-states ceased during the period of
the Games (Olympic Truce) and were replaced by the noble competition of their
athletes. This symbolism was indicative of the necessity of transferring the
competition of the cities-states to the field of political contest. Besides, for the same
reason the treaties signed by the cities-states were kept in the holy temple of Altis.
26

From the Roman Empire to Theodosius

When the Byzantine Emperor Theodosius banned the palaistras and the gymnasia in
the Roman Empire territory, sport deviated a lot from the values and the originals of
the classic antiquity. The bread and spectacles of the Romans had filled the stadia
with deads and had made sport at that time a means of entire slavery to the emperor.
When Christianism prevailed, these originals were gradually surpassed. The danger
of paganism led the emperor Theodosius to this ban. The adoration of the body was
replaced by the categorization of the population in the Byzantine Empire and the
equalization of the color with the team in the Hippodrome, occasions well known by
the conflict between the Greens and the Venets at the Nikas riot.
Sport during the Medieval Age
Perhaps during this period, one could find the contemporary meaning of the jersey in
sports and the color of the teams. The feoudarchy left the heritage not only of the
representation of the Hippopts in the tyornois but also the spirit of chivalry. Certain
rules of chivalry had been necessary to avoid killing in the tournois, which during
that era were war practice or practice instead of war. The contemporary regulations
of the modern sport clubs originate for sure form the rules of chivalry of the west
medieval age. The relations between sport and the aristocratical activities have also
their origins in this period. It is, though, indicative that sport was about to replaceprobably for just a while- any kind of armed conflicts and wars. A pure military
activity is named sporting event and acquired regulations, which protect human life.
Sport was over the centuries turned into an expression of a class which was
exercising instead of working, as long as it was not facing difficulties in making ends
meet. The aristocratical element of amateur sport was totally altered by the boom of
the professional sport in the 20th century, when sport promoted social heroes and
became a symbol of making the athlete a personality beyond social classes.
Sport from the Renaissance until the Age of Enlightenment
The Renaissance brought sport back to the education schedule and made it affect the
art and the science again. At least three centuries were required, though, for the body
to escape from the prison of the Church in Europe and for sport to acquire the
educational role that the Age of Enlightenment gave to him. Baron Pier de Coubertin,
who beyond his aristocratical background was also a lawyer, tried to make sport a
movement at the ends of the 19th century, having been inspired by the ideals of the
ancient Greek Olympism. The human body through the contemporary sport returns
to the centre of attention and constitutes a subject of regulations, principles and
legislation. We will deal with the enquiry of the position of the body in the modern
world only as long as it is connected to the club that it represents and the city that the
latter belongs to. Of course, it is not accidental that the human body gradually returns
to the centre of art and science. Three more centuries, though, needed to elapse for
27

the body to escape the impediments of the Church and for sport to gain the
educational role that the age of Enlightenment gave to it.
Fascination for great performances and deeds are common to most cultures and in
most historical settings. In Carter and Krger's Ritual and Record (1990), a series of
scholars illustrates how great athletic performances have been held as golden
standards of excellence in ancient, medieval, and Renaissance cultures. In the
development of modern competitive sport the last century, however, records have
become more important than ever.
The concept of record found its form in a particular historical, social and cultural
setting in last Century's England: the land of sport (Mandell 1976, Guttmann 1978).
A mathematical-empirical world-view based on the insights of modern natural
science was predominant, at least among the educated classes. Classic liberalism
emphasized the ideals of equal opportunity. All citizens ought to compete on equal
terms in the pursuit of happiness. Industrialism was in many ways a carrier of strong
ideals of quantifiable progress within standardized and rationalized frameworks.
This ethos influenced many areas of life. Common among most people was a strong
belief in the great idea of progress. Human kind entered a new era of physical,
social, cultural, and moral progress. This was the time of a flourishing international
peace movement, of the rise of international humanist organizations like the Red
Cross, of the visionary Esperanto movement, and the international Olympic
Movement (Hoberman 1995).
Within this vision, there was little room for approximate and non-precise tales of
great performances. The sport record can be seen as the modern, scientific version of
the traditional great deed. The British introduced new rule systems to secure equal
opportunity and exact measurements of performance. Standardization of sport arenas
and improvement of measurement technology enabled comparison of performances
over time. According to Mandell (1976), the first official sport records were written
down (recorded) during an athletic meet between the universities Cambridge and
Oxford in 1868.
Around the turn of the Century, due to improved communication systems in general
and to the establishment of the modern Olympic Movement in particular, competitive
sport became an international phenomenon. The quest for progress and new records
is perhaps most clearly articulated in the Olympic motto citius, altius, fortius. Sport
became the paradigmatic example of the Zeitgeist of the time, or, as Korsgaard
(1990) expresses it, the predominant ritual for the myth of progress.

Sport and liberalism

28

Liberalism, as was developed by John Lock, comprised the idea of free market with a
free access of people who are remunerated proportionally to their performance and
their effort. Sport is the legitimate offspring of liberalism with the aim of the free
access of sportspersons who practise and are remunerated in relation to their
performance under equal circumstances. The liberal society is the society of
achievements. Just like sport is. Many philosophers consider that sport constitutes an
ideal example of the society of achievements, of the promithian society. Other
philosophers think that sport merely copies and promotes models of orthologism
from the sphere of labour. The high level sport undoubtedly promotes by many
means relative perceptions which are affected by the liberalism and in particular by
the idea of free competition and the remuneration in relation to the effort. Indeed,
recent researches about sport mention that this liberal legacy promotes its role as a
fine model for justice.
The contemporary exercising body
Even though there were some forms of sport before the classic antiquity but also
after it, it was only at the Age of Enlightenment when sport regained its classical
antiquity dimensions. Free from any kind of religious prejudice, sport acquired,
through the English educational system, the goal that was aiming at during the
classic antiquity as well: the adoration and the promotion of the human body and the
human being as a whole.
It would not be an exaggeration if one considered that John Lock is the father of
modern sport, who had totally clear positions for the objective of education and the
importance of the physical development for the creation of liberal citizens. We
should not though underestimate the contribution of Rousseau, who in Emile posed
relative thoughts. It would be more reasonable though to attribute to the Rousseaus
theory of the social contract, the contemporary relationship between modern sport
and modern states.
Coubertin conceived the meaning of the Olympic Movement and had a role of social
innovator. By his speech about the role of the human body at the end of the 19th
century and by reviving the Games, succeeded in enhancing the fundamental
principles of the Enlightenment, as were expressed in the Anglo-Saxon educational
system of that age as well as the theory of the social contract to a vision of change of
the human destine. Simultaneously, he tried to create the rules that are applied to the
body, rules that he insisted that they should not be a part of the state framework. As it
will be realized, this could not work in effect absolutely, since sport was subject to
intense state intervention throughout the 20th century. Also, human body did not
bother the law so much. Only some moral dilemmas induced a legislative
intervention.

29

Modern sport, being organized in private law unions, is equalized to its development
with the structure of these unions, which has a prominent global character. Clubs,
Unions, federations and international federations under the dominance of the IOC
constitute an institutional organization which starts from the local unit and extends to
the international dimension of the IOC, which embraces the five continents.
Modern sport is an international community and within its framework the human
body is considered to be an actor of history. The human body acts and produces
excesses (records), it acts at a certain moment and produces the scenical performance
of the world as a theatrical drama within the territory of the states or the state unions.
The importance of this position should be always kept in mind with the cause of the
approach of the sporting and Olympic phenomenon in the framework of the theory of
the games. Even though the amateur sport could be equalized to the leisure exercise,
it would be wrong to accept that the meaning of sport is exhausted in the approach of
games and the imitation of life.
The aristocratic background of sport did not prohibit its contemporary financial
dimension and the insolidation of huge financial interests around sport and Olympic
organizations. Besides, since quite early, sport gathered the intense interest of a wide
group of people-much bigger compared to politics for instance-interest which is still
rising. Indeed, the endearment to an athlete or a team is something that has been
never altered over the times, which can be anytime realized. The duration and the
intensity of the celebrations of a sporting victory are indicative. Even further, the
aristocratic background of sport and Olympism did prevent neither sport in general
nor the Olympic ideal from having a huge involvement in the evolution of
democracy in the modern world. Either via the political influence of the sporting
clubs or via the promotion of regulations and principles and through the interaction
of regulatory systems of legislations and the rules of the sporting movement, it can
be noticed that the modern sport has an intense political dimension. It is not random
from this point of view that sport and the Olympic movement were developed in the
20th century under the framework of the development of the west-type democracies
and the free market.
Trying to revive the Ifitos truce Coubertin conceived the dominant political
importance of sport. Its dominant characteristics involve up to now the political
control of sporting clubs, the IOCs effect on the international political scene and the
interference of the sporting events in the international affairs. Under the IOC
initiative the Action on Sport for All Policies was signed on the 21st of May 2000
from UNESCO, the WHO, the GAISF. This action expresses the need for the several
public institutions to follow certain policies, which will be exercised and applied at a
local level for the improvement of health and the quality of life. From the first
Olympics until the first European Olympics of 2004 it has been a long way. Athens
constituted the first city of the revival of the Olympics. There is, therefore, a reason,
to evaluate the route of Olympism and one could reflect over what has remained
30

from the classic perception about the human body in the contemporary world and
how much sport and Enlightenment had contributed to the recalling of relative
perceptions.
The Para-Olympic Games and the handicapped body
If the Olympics since the classic antiquity have made a hymn to the human body, the
Para-olympics make it an object of spectate, hymn and excess just like the healthy
one. Based on a promoted humanist ideology, the Paralympic movement changes
opinions held over the centuries, and sets another objective to the Olympic
Movement itself.
The 2nd World War gave the reason. In 1948 the neuro-surgeon fugitive from the
Nazist Germany Sir Ludwig Guttmann organized a sporting meeting which was
addressed to the 2nd WW veterans that had suffered spin injuries in Stole Mandeville
of UK. As a sporting event it was nothing special. Two teams consisted of 14 men
and 2 women, all veterans soldiers, took part. Four years later competitors from
Holland participated in the event and this is how the international organization
began. Olympic Games for athletes with disabilities were first organized in Rome in
1960, the Games that are now called Paraolympic Games. In Modreal 1976 more
categories of people with disabilities were added and the idea of a variety of different
categories of incapability was created. At that year the first Winter Paraolympic
Games were held in Sweden.
Today, the Paraolympic Games are exceptional sporting events for athletes with 6
categories of disability.
Emphasis is attached on the participation of the athletes rather than the disability.
The movement was greatly developed lately. The number of the participating athletes
was raised from 400 athletes from 23 states in Rome 1960 to 3806 athletes from 136
states in Athens 2004.
The Paralympics are held at the same place and in the same year as the Olympics. On
the 19th of June 2001 there was an agreement between the IOC and the IPC which
secures the contemporary holding of the Games. After, the 2012 the hosting city will
be obliged to organize the Paralympics games as well. Torino hosted in 2006 the
Winter Paralympic Games which correspond to the summer Olympics of Beijing
2008. Vancouver is to organize the winter Paralympics of 2010.
It is obvious that both Games are held at the same time and subsequently the
ideologies get interacted. Even though the right of the disabled athletes to participate
in games is not yet established, a great deal of surviving athletes with special talents
are getting accepted socially and are perceived as being half-Gods of our days,
having the chance to live at a certain level of life that they could never imagine
before.
31

The constructed body of the athlete

It is well-known that the modern athletes reach their excesses and their excellent
performances not only by their effort and training but also by using substances which
are offered by technology and chemistry. The authority organized or not, is quite
profitable for the body development through substances. Great financial motives are
provided for those who use these kind of substances. This is further intensified by the
fact that the persons that these motives are addressed at, are mainly of young age,
dying for triumphs. Consequently, human body is subject to a special elaboration
which allows it not only to exercise but also to get hurt, in order to constitute an
object of spectacle and exceptional achievements. The contemporary heroes are
trying substances and are judged in respect of their use by rules which are following
and are aiming at reversing their result: the constructed body. The Olympic
movement in no uncertain terms denies and convicts the constructed athletes body
by punishing the doping.
Is there an ideal body?
The existence of so many constructed bodies in our contemporary sport, which are
far from being the products of a healthy physical exercise led to a severe scepticism
over whether there can be a human body as the Platonic dialectic or the
Enlightenment perceived it. A -supported by chemistry- excess deviates from the
objective of the creation of a body, which would depict a combination of beauty and
reason. The excess (score), as a unique objective, alters the body which in this way
would blindly serve the excess. This issue is quite severe taking into account that the
constructed bodies constitute quite often originals which are promoted by the internet
and the mass media at an international level35.

35

Mihalich, J. C. Sports and Athletics: Philosophy in Action , Totowa: Littlefield Adams,

1982, Morgan, W.J. (Ed.), Sport and the Humanities: A Collection of Original Essays ,
Knoxville: University of Tennessee Press.1979, Morgan, W.J., Leftist Theories of Sport: A
Critique and Reconstruction , Urbana: University of Illinois Press, Morgan, W.J. (2000)
Ethics in Sport , Illinois: Human Kinetics Publishers, 1994, Morgan, W.J. & Meier, K.V.
(Eds.) Philosophic Inquiry in Sport , Illinois: Human Kinetics,1988, Grupe, O. and
Dietmar, M. lexikon der ethik im sport , Verlag Karl Hofman, Schorndorf, 1988,
Osterhoudt, R.G., The Philosophy of Sport: An Overview , Champaign, Illinois: Stipes,
1991, Fraleigh, W.P. Right Actions in Sport: Ethics for Contestants , Illinois, Human
Kinetics, 1984, Galasso, P.J. (Ed.), Philosophy of Sport and Physical Activity Issues and
Concepts , Toronto: Canadian Scholars Press, 1988.

32

Chapter 2

From the Olympic Games of the Antiquity to the Modern Olympic Games.
The Modern Olympic Games
From the First Modern Olympic Games of Athens to the Olympic games of
Europe
The revival of the Olympic Games was a reason for an entire revision of the worlds
perception about the human being and the human body. As an expansion of the
Enlightenment in the 19th century, the revival of the Games constituted an
ideological basis and the Games were a means to revise the worlds attitude towards
the relation between the human being and its body. The revival of the Games led to a
total philosophical perception which more than ever nowadays poses the dilemma
whether the human body should be an object of construction due to the records and
the distinctions. The discussion about doping inevitably emerged.
The first Olympic Games
In the first session of the IOC in 1894 in Paris the Olympics were effectively revived.
Dimitrios Vikelas was the president of the session after the encouragement of Pierre
de Coubertin. He suggested that the first Games should be held in Athens in order to
honour in this way the country that born the Olympic spirit. Dimitrios Vikelas,incomplete trade-man, incomplete intellectual-man, as he himself mentions, had a
vital contribution to the holding of the first Olympic Games by Athens. When
everyone at that time cast doubt on the potential of an organization by Athens,
Vikelas promised at his time, at his century, the revival of an ideology. He personally
committed for the reconciliation of the Greek antiquity with the Olympic Movement
and led to the overcome of realistic and reasonable doubts which surrounded with
scepticism the success of such a huge organization by a new and weak country. It has
to be submitted at this point that there was quite similar scepticism about the ability
of Athens to host the Olympic Games of 2004. The doubt neither during the period
of the claim of the Games nor during the preparation of the Games was not, for other
reasons of course, less powerful.
During the first session of the IOC he declared with sincerity and simplicity: We
dont have the means to organize huge fests. However our warm hosting will replace
many of our insufficiencies. We will not offer to our guests the expected in
equivalent occasions amusement but we can show the monuments and the ruins of
the antiquity. We will lead them in the places where the Ancient Greeks organized
their glorious Games. In Olympia, in Isthmia, In Delphi, in Epidavros .
In this way, Vikelas managed to appeal to the romantic ideals of the intellectual
people of that period who were looking for the orientalism, the absolute freedom, the
33

research of the identification of that era, a revolution as all the others had proved that
they were not sufficient for their dreams. So, he brought the first Games in Athens.
His vehicle was a dream which meant a lot at that time and also an elegant lie. The
identification of the Greek territory at that time with the ancient and modern values
of the Olympism. Vikeals created by his wise speech an environment of historical
unification and ideological consistency which led to the development of the Olympic
Ideology.
The Olympic Movement was highly benefited by Vikelas attitude, since in this way
the Games were connected with the great at that time glamour of the Greek antiquity.
The Games, though, were at the edge of being postponed. Harilaos Trikoupis in 1893
declared the poverty of the country and the International Olympic Movement cast a
great deal of doubt whether the Games could be successfully organized. Despite the
problems that were created, despite the Trikoupis declaration about the
incompetence of Greece to organize the Games, in a session in Zappeion Vikelas
worked hard in order to persuade the Greeks and the government to support that
ambitious dream. The Games actually took place and the Olympism started its
journey. This dialogue seemed to be a continue of the ancient city, of the ancient
literature and Spyros Louis, the water-seller, became kouros(male statute) in the
eyes of the orientalists that tried to experience the route of Lamartinos and the other
foreign tourists.
13 countries and 311 athletes took part in the Games. They were all men.
The visitors of Athens 1896 felt like being romantic tourists, like being a part of the
Greek antiquity as they interpreted at that time. Sarl Morras declares that even 30
years later the perfume of that devine violette that was breathing that days in Attica
had not been eroded. And somewhere else he mentions: Imagine, the slope of
Imitos, an ancient monument whose murbles reflect with a subtle glamour the
shadows of the sky of Attica. He was speaking about the Kallimarmaro. It was there
where the Greek people experienced the thrill of Spyros Louis victory. Spyros Louis
was a farmer form Maroussi, a small village of Attica.
Simultaneously, Emanouil Roidis wrote in the journal of Estia on the 22nd of May
1896
During the period before the Olympic Games I read the most underestimating
comments against Greece. What made me feel embarrassed were the comments and
the recommendations of our own newspapers to the police and the housemen to keep
for the foreigners sake the city clean and to take measures to prevent the sheepplaces from stinking and the pavements from being dirty. All these were required as
irregular measures with the reminding that these disturbances about the cleaning
would last only for a while. So, it could be deduced that the citizens should only
under special and irregular circumstances breath clean air, not stumble over oranges
and the dead bodies of cats and chickens and slip over bloods.
34

Along with the Olympic Movement, the entire Greek state experienced the relation
between the city and the history and acquired a worldwide promotion.
Athens had also its local hero. Spyros Louis, a water seller from Maroussi, won the
gold medal in Marathon. The U.S. won the most medals in total and the athlete
Garret prevailed in many events. Approximately 60.000 visitors flocked in Athens
during those days, making the capital of the Greek state the centre of the entire
world. The Well-Marble stadium became the theatre of the 19th century history.
Besides, Athens constitutes an important geopolitical choice since it signified the end
of the Othoman Empire and the prevalence of the national movements of that period.
Simultaneously, that new season of movements was partly perceived as being a
period which certified the connection of the classic antiquity with the Greek spirit, a
period which adored the body, the athlete, the city, the thought.
The first Games of Athens established the Olympic Games, making Spyros Louis a
hero of the period and leaving to the Olympic Movement the Olympic Anthem of
Kostis Palamas and Spyros Samaras. The Enlightenment found in the land of Attica
the best place to show the omocentral perception of life and of the adoration of the
body.
In 1896 the Games constituted a bet which had to tackle the reasons which led to
their ban in 394AC via the Enlightenment and the national states which were
dynamically promoted in the world. It is worth, under this point of view, indulging in
the first Games of Athens and finding out how this first bet was won.
The Games of Barcelona
In 1992 the 25th Olympiad took place in Barcelona. The 1992 Games were perhaps
the most successful modern Olympics. For the first time in three decades, there was
no boycott36.
36

The Olympic Games has opened in the Spanish city of Barcelona with all countries present
for the first time in modern history.
It is the first Olympiad since 1972 that no country has boycotted the Games, and several longstanding bans have been lifted.
A record 169 nations took part in the opening parade - a reflection of the extraordinary
political changes the world has seen since the last Olympic Games at Seoul in 1988.
The opening ceremony began with the lighting of the Olympic Flame with a flaming arrow
fired by paralympic archer Antonio Rebollo.
The spectacle included a staging of the mythical birth of Barcelona from the sea, complete
with ocean battles between sea monsters and humans.
http://news.bbc.co.uk/onthisday/hi/dates/stories/july/25/newsid_3551000/3551540.stm

35

Since the games in Seoul in 1988 the political world order had changed dramatically.
The communist rule was collapsed in the Soviet Union and the USSR was now
divided into 15 separate nations. Among these 15 nations Estonia, Latvia and
Lithuania participated for the first time since World War 2 as independent nations.
The remaining 12 nations participated under the joint name of EUN, "The Unified
Team", a state that participated for the first and last time in the Barcelona Olympics.
The Berlin wall had been broken down and the two German states now participated
as one nation again. In addition to these new nations on the Olympic scene an older
one returned to the Olympic Games as apartheid was abolished in South Africa. The
South Africans participated again for the first time since 1960.
Approximately 9,300 athletes participated, representing 169 countries. ore
specifically, 169 national committees and 9356 athletes ( 2704 women and 6652
men) participated in these Games. Also there were 257 sporting events and 34.548
volunteers37.
With the Collapse of the Soviet Union, twelve states formed a Unified Team, while
the Baltic States of Estonia, Latvia and Lithuania had their own teams. Croatia,
Slovenia and Bosnia-Herzegovina competed as independent nations after separation
from Yugoslavia. Yugoslavia was banned due to UN sanctions, but individual
Yugoslav athletes were allowed to take part as Independent Olympic Participants.
Athletes from most of the new countries of the former Soviet Union competed as the
"Unified Team" and for the first time since 1964, Germany competed as a unified
country. South Africa also rejoined the Games having eliminated apartheid. Baseball,
a demonstration sport in earlier Games, was added to the Olympic roster.
The amateur rule that was overturned for the 1988 Olympic Games, allowed the
United States to send the "Dream Team," a basketball team made up of a number of
the most famous U.S. professional basketball players, to the Olympics.
Two new sports entered the Olympic program in Barcelona as baseball and
badminton were introduced. Another notable change in the Barcelona games was the
entrance of the USA "Dream Team" in the men basketball competition. For the first
time the best American professional players like super stars Earvin "Magic" Johnson,
Larry Bird and Michael Jordan were present in the Olympics.
In the 1992 Barcelona Olympics, the hosts interpretation of its own poster, mascot
and emblem was original. The emblem was a dynamic, abstract human figure
jumping over the five Olympic rings. The bright colors had their own meaning for
the Olympic games in Barcelona ; the blue was the omnipresent blue Mediterranean
sea and the yellow was to show the bright sunshine and hospitality so characteristic

37

http://www.olympic.org/uk/games/past/index_uk.asp?OLGT=1&OLGY=1992

36

of Spain . On the medal was the goddess of victory and the cute mascot Cobi, the
adorable dog, welcoming all. For the 2004 Olympic games, the torch came back to
the Barcelona Olympics stadium and was then sent on to this years host, the Greeks.
A total of 257 sets of medals were handed out in the Barcelona games. The EUN
turned out to be the best nation with 45 gold medals with USA in second place with
37 and the new unified Germany with 33 gold medals. For the first time China
claimed a top position in the nations competition as they finished 4th with 16 gold
and 54 medals in total.
Spain won 22 medals and attained sixth place in the medal count. Thanks to athletes
like Martin Lopez Zubero, Antonio Penalver, Jose Manuel Moreno, Miriam Blasco,
Almudena Munoz. Daniel Plaza, the sailing teams, srchery, tennis, football and water
polo players, the women's hockey team, and everyone else who was succesful,
Spanish sports caught the world by surprise and enraptured Spaniards.
Some 36,000 volunteers were enthusiastically devoted to keeping the organization
running smoothly, and the sports installations were filled to record capacity.

Security in the Barcelona Games

There was a security risk in holding the Games in Spain, since the country had a
history of domestic terrorism by Basque Separatist group ETA. Catalonian
nationalism could also have been a disruptive issue. The Olympic Stadium on
Montjuic, for example, was named after executed Catalan national hero Lluis
Companys i Jover. In any event the Games passed off without incident.
The makeup of the Barcelona Organizing Committee (COOB92) reflected the active
participation of the Spanish Government in the planning and operation of the 1992
Games. COOB92 was composed of representatives from Spains Olympic
Committee, Barcelona City Council, Generalitat of Catalonia and the Spanish
Government. The mayor of Barcelona was the president of COOB92.
COOB92 formed a security department to identify and resolve organizing
committee security issues during the planning phase to develop COOB92s portion
of the Master Security Plan and to implement COOB92 security responsibilities
during the Games.
Spain constituted the Higher Commission for Olympic Security in June, 1987 with
the Secretary of State for Security as chairman and charged with the responsibility of
directing, planning, preparing and implementing security operations. In 1988 a
security model was adopted that integrated public and private resources under the
authority of the Commission for Olympic Security and integrated the efforts of the
37

National Police, the Guardia Civil, the Mossos dEsquadra (Catalan Police), the
Barcelona City Police, other local police forces, the Army, the Navy and the Air
Force.
The administrative instrument was the Olympic Security Master Plan which
consisted of 86 security project areas from national issues, such as intelligence,
frontier security and control of territorial waters to Games specific issues, such as
Olympic village security, accreditation and information security. Security and
emergency response capabilities to address specific risks, such as power supply,
water supply, telecommunications, dangerous materials, transportation systems were
assigned to the Catelonian government and Department of Public Safety.
Due to the locations of the venues, training sites, athletes village and official hotels,
the National Police had responsibility for about 80% of the Olympic facilities
security. The Guardia Civil had jurisdiction at the airports, the port of Barcelona,
four venues and essential public services such as water, fuel and electric supplies,
broadcast stations, telephone relay points and transportation services.
Mossos dEsquadra protected two competition venues and took part in crime
prevention activities.
Barcelona City Police took charge of traffic and street public safety issues.
The Army supported the Guardia Civil and COOB92. The Air Force provided
protection of the air space and the Navy provided security of water competition areas
and territorial waters.
One aspect of the Barcelona Games was the use of cruise ships in the port for
housing of guests of the corporate sponsors. Extensive sea side as well as port side
security measures were taken to protect the 15 large ships.
Approximately 25,000 law enforcement personnel and numerous support personnel
were committed to security of the Barcelona Games38.

38

Testimony Given at a Competition, Foreign Commerce, and Infrastructure Hearing:

Lessons Learned from Security at Past Olympic Games
Tuesday, May 4 2004 - 2:30 PM - SR - 253
The Testimony of Mr. David Maples
Johnson, Maples, and Associates
Chairman Smith, Members of the Committee
http://www.iwar.org.uk/homesec/resources/olympic-security/maples.htm

38

EU law
The Games of Barcelona took place in Spain without the absolute application of the
Community law. Therefore, they cannot set an example in respect of the EC law
application.
The Games and the city
Obtaining good economic results was, for the Organizing Committee, a necessary
condition for success. Up until that time only Los Angeles had attained this, since it
is well known that the figures from Seoul 39 where, in fact, organization was mingled
with state administration- were decided upon beforehand. And, from what can be
drawn from what is taking place in Atlanta at the moment, this also seems to be one
of the most problematic points.
In the case of Barcelona, this question was even more important due to the fact that
one of the subjects that was regularly brought up in critical considerations directed
towards the management team, especially at the beginning, was its lack of business
experience (despite the fact that the majority of the team came from private
enterprises). Later on, these criticisms became less common -especially in the
aftermath of the results obtained in the negotiation of the television rights- and, in
the end, the situation was turned right around to the point that their capacity to
negotiate and administrate, as well as their integrity, came to be considered a strong
point of the Committee. This took place while it was being stated that it was really
possible to obtain positive final results.
The aim had been fixed on balancing accounts, which in reality meant a final positive
result of nearly 350 million dollars, which is what would have been achieved had the
Organizing Committee activated its investments in sports venues rather than handing
them over without receiving anything in return
A lot of positive things have been said, as they should have been, about the role of
volunteers in the celebration of the Olympic Gamesan d even more so in the
Paralympics. Everything that has been said is true. Three quarters of the personnel
who supported the operation -34,548 in the Olympic Games and 8,250 in the
Paralympics- were volunteers, and without them the Games simply would not have
been possible. There were, in contrast to what more than one person had forecast,
practically no desertions, and the image of service and dedication, in some cases selfsacrificing, that they gave will remain in the public's memory, and luckily in the
newspaper archives, for many years to come.
Nevertheless, the Barcelona Games triggered an intense scepticism and a
development of theoretical structures. The Spanish made the Olympic Studies a

39

The Keys to success of the Barcelona Games

Miquel Botella COOB92

39

separate section of study and tried to make the inheritance of their Games inspire
other people40.
The innovative Olympic Games of 1896 and 2004
In 2004 the Olympics returned to Athens. Despite the elapse of so many years there
are many similarities between these two organizations. The most importance of those
is that they both involved some kind of innovation. The Games of 1896 were the first
Olympics of the modern era. After a long period the institution of the Olympiad
revived and was gradually evolved to be the most popular event worldwide. On the
other hand, the Games of Athens in 2004 are the first Games which were organized
by a member state of the European Union under a regime of absolute of application
of the Community Law. The previous Olympiad organized in the EU territory was
the one of Barcelona in 199241. At that time, though, the European integration was
not totally achieved. Thus, there was no absolute application of the EC law at that
time.
So, it could be alleged that both the Olympiads of Athens have something in
common: they have been a breakthrough for their era. On the one hand there is the
revival of the Olympic spirit after the elapse of centuries. The importance of this
point can be understood by taking into account the role that the modern Olympics
have in the modern international society. On the other hand, at the sunrise of the new
century we can notice the first Olympic games which are organized in the EC
territory and during a period that the effort for European integration is increasingly
intense. It is very interesting to examine/investigate the way that the organization of
the Olympics by Athens, as an EC territory is dealt with. Indeed, it is worth
reminding that the Olympics are necessarily connected with a major social event:
sport. This field has been lately surrounded with a great community interest, to the
extent that we now speak about a social dimension of sport. Athens hosted for second
time the Olympic Games under circumstances of crisis and criticism. The first
organization by Athens was accompanied by scepticism about the effectiveness of
the revival of the Games. The second organization by Athens is connected with
various influences in the social and financial life according to the EC law rules in the
framework of a global civilization and of an international economy.

40

For the official report of the Barcelona Games http://olympic-museum.de/oreports/report1992.htm

http://olympic-museum.de/o-reports/report1992.htm

41 Before Athens Games the Sidney Games took place. See on this matter Brabazon Mark,
The legal structure of the Sydney Olympic Games. University of New South Wales Law
Journal, Volume 22 1999-3.

40

An overview
At the 28th Olympic summer games in Athens 2004 the Olympics finally returned to
Greece. This could be called a return home as Greece is both the original site where
the ancient Olympics were held more than 3000 years ago and also the site for the
reinvention of the Olympic Games in 189642.
The Greeks were actively focusing on the value of tying the modern games to the
ancient heritage and there were many references to the past during the staging in
Athens. This was especially clear during the opening ceremony at the Olympic
Stadium on the 13th of August but also in relation to several sporting events. The
cycling road races were held on a stretch around the Acropolis. The Marathons
started near Marathon where Pheidippides in the year 490 BC ran the first marathon
distance in order to announce the Greek victory against the Persian invasion forces.
In addition the marathons finished on the Olympic stadium that was used in the
Athens 1896 games. On this more than 100 year old venue the Archery competitions
took place. The Shot Put events on the other hand were held at the ancient but still
preserved stadium in the ancient city of Olympia in the midst of the ruins where the
ancient games took place.
The choice of Athens as an Olympic host was taken on the 5th of September 1997 on
IOC's 106th session in Lausanne. Four other cities had presented their bid to host the
games: Buenos Aires, Cape Town, Rome and Stockholm. It took five rounds of
voting before Athens finally were chosen in front of Rome as hosts. The result was
celebrated in Greece where the disappointment in 1990 of loosing out on hosting the
100 year anniversary of the modern games in 1996 to Atlanta was still remembered an anniversary that many Greeks felt entitled to host because of the historical roots of
the games.
The preparations for the games in Athens were not without troubles. The organizers
were unusually slow in preparing the Olympics and in particular in building the
many new venues. Many projects were delayed, they were more expensive than
anticipated, the leadership was substituted and in addition there were many fears of
terror attacks. This gave the IOC occasion to raise critical remarks but in the end the
Greek hosts pulled through. At the opening on the 13th of August everything was
ready and Athens presented an excellent, well organized Olympics in many new and
top-modern
sport
arenas.
Almost 11.000 athletes participated in the Athens games. For the first time athletes
from every single one of the 201 nations associated with the Olympic movement
participated. Kiribata and East Timor were new nations at the Olympics.
42

http://www.games-encyclo.org/index.php?id=488&L=1

41

The most successful athlete was American swimmer Michael Phelps winning six
gold medals and a total of 8 medals and thereby became one of the most successful
athletes in a single Olympic games. With a gold medal in women Kayak K4 500 m
and a silver medal in the K2-event Germany's 42 year old Birgit Fischer elevated her
total number of medals during seven Olympic games since Moscow 1980 to eight
gold medals and four silver medals. With these results she moved in to fifth position
in the overall ranking of athletes winning most Olympic medals only superseded by
the Soviet gymnast Larissa Latynina (9-5-4), Finish runner Paavo Nurmi (9-3-0),
American swimmer Mark Spitz (9-1-1) and American track and field athlete Carl
Lewis (9-1-0). From the track and field competitions an interesting result was the
double victory by Hicham El Guerrouj from Marocco who won both the 1500 m and
the 5000 m. With these wins he copied Paavo Nurmis double victory from the games
in Paris 1924.
Unfortunately the games in Athens were tainted by a number of doping scandals.
Both before and during the games there were several disqualifications because of
doping. In the track and field competitions no less than three gold medalists were
later disqualified and removed from the official standings on the account of using
illegal substances.
In total 301 sets of medals were distributed during the Athens games which was one
more than in Sydney 2000. 75 of the participating 201 nations won Olympic medals
and among them 57 won medals of gold. For the third time in a row USA became the
most winning nation with 35 gold medals and 101 medals in total. China was second
best with 32 gold medals followed by Russia's 27, Australia's 17, Japan's 16 and
Germany's 14. Three countries won their first medals ever at the Olympic Games in
Athens. Paraguay won the silver medals in football for men, Eritrea claimed silver in
the men's 10.000 m track race, and the United Arab Emirates took gold in the
Shooting Double trap event for men.
Athens: the first European Host City in the European Territory
The choice of Athens as a host city of the 2004 Games causes reasonable doubts
whether the communication with the community rules was a goal, particularly
because of the entire historical situation. The question whether the entrusting of the
Games to Athens at that very moment and with the absolute application of the
community law happened in order to make these two systems collide with each other
and finally try to resolve it, does not seem to be insane. This makes even more sense
taking into account that the Olympics is an organization addressing to a huge number
of people and it is reasonable that no game could be cancelled because of this
contrast.

42

On the other hand, the potent composition and organization of the 2004 Games
would be nothing but the proof via the TV coverage that the Olympic movement can
work in accordance with the European Integration. This historical challenge seems to
find its essence in the facts which show the meaning of the rules and the meanings.
The European dimension of sport is materialized in the first European host city
during the first Olympic Games of Athens making the community rules, that are
gradually and simultaneously with taking their form, the rules of the Game of the
21st century for the Games that are to be organized during this century43.
Simultaneously, the endurance of the participating democracy is being tested through
its institutional opinions and positions. Sport creates a system of institutions and
persons that participate in the European reality as citizens of the European cities.
Being connected with the cities more than the states, sport at this level provides the
superstate dimension of the participation and enhances the feasibility of a great
democratic city which unites bodies and cities. The orientation of the European
integration is quite similar, since it tries to unite some sates with equivalent rules.
These first Europe Olympic Games could depict to the international community
this specific phenomenon and the successful idea of the route of the Olympic flame
to the world contributed to this direction.
The organization of the Games during the Summer of 2004 highlighted the absence
of the European character of the Games or of the institutional dimension of the EU
only insofar as it was consistent with the institutions of the Olympic Movement. The
analytical reference could prove it. The symbolisms of the pictures that were shown
at an international level lead to the same conclusion.
The Greek sprinters scandal
The biggest intrigue of the Games was the behaviour of Sydney medal-winning
Greek sprinters Kostas Kederis and Katerina Thanou. Having failed to attend a
mandatory drugs test, they claimed that they were 'involved' in a motorcycle
accident. They withdrew from the Games in order to avoid a forced expulsion.
However, by November 2004, it became clear that they had faked the whole
motorcycle incident, and they were charged with perjury and other offences by the
Greek authorities.
Thanou is no stranger to legal action, and threatened to sue the IOC in order to
ensure that her 2000 Sydney silver medal was upgraded to gold once Marion Jones
had been stripped of her medal. Both athletes served a two year suspension for
missing three drugs tests - however the Greek legal system moves slowly, and the
perjury case over their 'accident' remains unresolved.
43

The Barcelona model: an original formula? From 'reconstruction' to strategic urban projects
(1979-2004), Planning Perspectives, Oct 2003, 18:4, p399

43

The Vodafone scandal

Much of the politics surrounding the Athens Games have emerged after the
competition had finished and the attention of the world's media had moved on. One
such example is the Vodafone phone-tapping scandal.
It transpires that before and during the Games, the Vodafone mobile network in
Greece had been compromised by some illegally installed software. This allowed the
perpetrators to eavesdrop on the security preparations for the Games, and also on
leading figures in the Greek Government and political establishment.
Despite a lengthy investigation, Greek authorities have not been able to identify the
culprits, and in January of this year they called off the search.
The Siemens scandal
A second Olympics-related scandal has emerged in Greek politics. Investigators in
Germany discovered that the firm had been regularly diverting 'black money' into the
coffers of Greece's political parties and, allegedly, directly into the pockets of
politicians themselves. Both leading parties in Greece, and , are
implicated. The bribery that has come to light covers the period leading up to the
Olympics, when Siemens won significant contracts in providing Olympic
infrastructure equipment44.

The Cassandras which were denied

The fact that Athens undertook the organization of the 2004 Olympics caused a lot of
criticism which were connected even with the feasibility of the whole venture. The
successful organization of the Games was considered to be a huge success of Greece.
At the ends of the year 2004 the president of the U.S. national Olympic Committee,
Peter pouberoth announced, leaving Athens and its Olympics: The Greeks proved
that the Cassandras were mistaken.

44

http://www.currybet.net/cbet_blog/2008/08/olympic_dissent_2004.php

44

Despite the criticism, according to Pouberoth, who was also the president of The
Los Angeles 1984 OCOG. He added : The Olympic family took a great lesson. The
Olympics of Athens, were among the best ones in the whole Olympic history, if not
the very best.
Pouberoth ended his speech by saying: On the behalf of the U.S. N.O.C and the
American citizens I would like to thank the citizens of Athens and the Greek people
for this extraordinary gift that they offered us. It was an amazing organization that
succeeded by all means. I owe also a great deal of gratitude to the volunteers who left
their life aside in order to offer their aid selflessly. You have to be proud of your
country and for your achievement. Greece is a very friendly country and the 28 th
Olympic Gasmes are a gift.
Martin Freizer from his side, dean of the U.S. Olympic Team, after thanking the
Organizing Committee for its exceptional work pointed out: We came to Athens
about 1 year and a half ago and we were worried about the departments and all the
relevant to the organization matters. As it was proved we were wrong to worry and
we are totally satisfied.
Besides, The Games were characterized as dreamed Games by the president of the
IOC. We always express our confidence to our Greek friends. During the closing
ceremony Jacques Rogcues for one more time flattered the organization, saying:
Greeks, you won.
The president of the Athens 2004 OCOG Gianna Angelopoulos-Daskalakis from her
side, highlighted that there was one more gold that belonged to all the Greeks,
pointing out the success of the organization.
These games made many records brake. Athens hosted 11099 athletes, more than any
other organization. It also hosted the greatest number of women athletes ever. 202
states participate, the biggest number ever. The Olympic flame for first time travelled
to the entire world. For first time women were accepted in the holy ground of
Olympia. Women participated in the event of shot-pot in the ancient stadium of
Olympia. Four billion people worldwide shared this celebration with us and saw
Greece inside and outside the stadia.
The Games had a great cost and led Greece to multiple wounds, particularly in
relation to the involvement of NATO in the organization regarding security matters.
The city got full of cameras, which remained even after the end of the Games and
made the life of the citizens a scene for television broadcasting.

45

In 2008 the world athletic society is hosted to Beijing. The importance of the
Asian continent and the human rights crisis.
In 1940 the cancellation of the Olympic Games, which were to be held in Japan, due
to the WW 2, clarified the relation between the contemporary historical
circumstances with the organization of a sporting event. What was really the event
which was cancelled? In 1971 a table-tennis game between USA and China
internationally declared that China constituted a powerful third party between USA
and USSR, predicting the evolution of the international diplomacy during the Cold
Wear. In 1952 a score which was considered to be nave in a basketball final between
USA and USSR declared the triumph of the western way of life in the media, despite
the fact that that result caused scepticism for the meaning of sport itself. The
bloodshed of 1972 put an end in any kind of pretence towards the sporting affairs.
In 2008 the international role of China gets internationally recognized. The Chinese
NOC has been recognized since 1922. China hosts in the body of the Asian continent
an event which sufficed even for the revision of the Chinese Constitution so that the
freedom of property could welcome the event in a better way. The games of Beijing
aspired to be Green games, Games of High Technology, Human Games.
Obviously, the appointment of the Olympics to a certain place has the possibility to
bring changes which seem to be impossible, something which makes clear that the
Olympics are much more than a mere athletic organization. They are an event with
an intense political gravity.
The European Parliament expressed quite early its positions45 and the doubts of the
European Society on the sufficiency of China to undertake such an event,
guaranteeing reasonably the values of the Enlightenment and the human rights. Asia
claimed its place in the world and with the occasion of the Olympic Games it has
tried to find out if the world balance has been altered. If the 2nd world war postponed
an organization, the 21st century orientates the centre of the world to the East. After
Athens, Beijing tests the power of the historical choices.
Therefore, there is no doubt that the Olympics contribute to the so-called soft
diplomacy and quite often go even further. In the framework of an ideology which
embodies the principles of the Enlightenment and the organization through rules,
sport as part of the international athletic movement is being expanded systematically
and with the frequency of every four years which follow the 4 year circles of
democracy, promotes its positions in stadia full of spectators46. China will try, after
Athens, to test the power of the bodies, the prevalence of the democratic regime and
the ideology that supports it. Simultaneously, non-governmental organizations, such
45

Resolution of the European Parliament about the candidature of Beijing to undertake the Olympic
Games of 2008, EU 7/8-2001
46

Crabb, Kelly C. and Xiang Ji.. The Olympic Movement, the Games and Olympic IPR.
China law and practice, Volume 17 2003-4

46

as the Olympic Watch47 (Committee for the 2008 Olympic Games in a free and
Democratic Country) and the International Amnesty will insist on pointing out the
need for human rights and their violations48.

The London 2012 Olympics

On the 27th of July 1012 the opening ceremony of the London Games is to be held. It
will be the second Olympic Games of Europe, that is, under the absolute application
of the EC law. After the excessively symbolic and interesting organization of
Beijing, China, it is the Europes turn again. It is considered that it is not accidental
that all the candidate cities for the organization of the 2012 Games were European
cities and in particular the three of them were cities of the EU. The matter of the
submission of the organization to the EU law as well as the one of the harmonic
coexistence of Europe and sport is always vital. The coexistence of the EU with sport
is a matter that has bothered intensely both the theory and the community organs.
Subsequently, a European dimension of sport constitutes a matter which attracts the
attention every time a city of the EU is to organize a major sporting event, such as
the Olympic Games. The Community Law as well as its jurisprudence is now dealing
systematically with sport and after the Bosman judgement, there have been many
judgements that point out the contemporary character of the matter. Under this
framework, the Olympics acquire a particular interest as an organization subject to
47

http://www.olympicwatch.org/

The Chinese ministry released this ominous statement prior to the Olympics, Any group or
individual who stages a gathering, parade, or demonstration during the Beijing Olympic
Games period must respect Chinese law. As to those legal activities, police will protect them
according to the law. As for those activities that are illegal, we police will handle them
according to the law. But the Chinese made sure there were no legal activities.
48

The law, essentially, was to not allow any protests or demonstrations, and to use applications
for protests within the law as methods for detaining or marking those that requested the
protests as dissidents. The Chinese essentially rejected every single request to protest any
action during the games and disciplined some that applied.
According to the Associated Press, In the past few days, human rights groups and families of
people who have applied for permits to protest in the parks say some people were taken away
afterward by security agents, prompting critics to accuse officials of using the plan as a trap to
draw potential protesters to their attention.
The rights of individuals as we understand them were clearly undermined. Many had their
property confiscated to allow China to easily sponsor the games. Yang Shuangjun, one such
resident, was quoted as saying I have lived all over since I became homeless, including
tunnels, warehouses, on the street, and the houses of friends and relatives. What they have
done to us is unlawful and unfair. Unlawful in China is a relative term.
http://myrealitytelevision.com/2008/08/london-olympics-2012-to-follow-2008-chineseextravaganza-murder-and-cheating-controversy/

47

the EC law in so far as the community law is getting involved in relations which are
of international sport community interest but also of connected to sport financial
interest. The organization of the first Olympic Games under a regime of absolute
application of the community law in Athens could creatively contribute to the
establishment of a European perception about the Olympic phenomenon, a
perception which would not deviate from the roots that created it. As a combination
of the theories of the classic antiquity and the Anglosaxons fair play the Olympic
phenomenon derived from the collegial sport that Coubertin adored. Coubertin was a
extraordinary person of a season which enhanced the promithian human being and
the value of the human body49.
It is worth approaching this first experience of Athens and hope that both the study
and the imagination could lead to a productive approach of the European dimension
of the Olympic Games, which is to be proved in 2012.
It is also worth conceiving the huge legislation which is introduced for the hosting of
the Games by both the English and the EC law. The rules of the games and the rules
of the states are under an intense interaction and competition!
The challenge of the first European Olympic Games
The object of the current research is to find out after the Olympics of Athens those
elements which would inspire for the enhancement of the European character of the
Games and the enhancement of the host-city to a European host city. This is not selfevident as a venture. Perhaps it is as difficult and uncertain as the venture of the first
Olympics in 1896.
The quest for the essence of the Games is an exceedingly important procedure; the
quest of than essence that made the ancient Greeks believe that a city without
gymnasia and palaistras was uncivilized and unworthy. The first Olympic Games
followed the steps of the romantics of the period that led to Acropolis and promised a
whole new world which could be enhanced in the place of the old one on the basis of
certain values. The industrial revolution of the period could not find a better place in
symbolisms.

49

Tamburrini C., The "Hand of God": Essays in the Philosophy of Sports , Gothenburg:
University of Gothenburg Press, 2000, Tnnsj T. and Tamburrini C. (Eds), Values in
Sport: Elitism, Nationalism, Gender Equality and the Scientific Manufacture of Winners ,
London: Routledge, 2000, Thomas C. E., Sport in a Philosophic Context , Philadelphia: Lea
and Febiger, 1983, Weiss P., Sport: A Philosophic Inquiry, Southern Illinois University
Press, 1969.

48

From 394 BC until now many years have elapsed. The year 2004 in Athens these
dilemmas were posed again in a tremendously relative way. The integrity of the
human being, as the article II-3 of the Charter of the Fundamental Rights of the
Union provides, as was expressed in the part II of the European Constitution draft is
not about the roman arena obviously but prohibits the transformation of the human
body to a resource of profit.
The freedom of thought, consciousness and religion (article II-10 of the Charter), the
cultural, religious and linguistic variety (article II-22 of the Charter of the
Fundamental Rights) are tested with occasion of the 2004 Olympics; also, the
protection of the environment (article II-37 of the Fundamental Rights Charter). It
could be stated, therefore, that these Games could constitute quite a useful
experiment in order to find out up to which extent all this community venture is
feasible.
The beginning of the 21st century made sport a European dimension. Among the
private initiative of the contemporary industry, the statism of the 2nd half of the 2nd
century and the European dimension of sport at the sunrise of the new millennium,
one could detect important differences but also important consistencies. The Europe
of the 2004 Olympics is in a major existential quest and often at the edge of a crisis.
By words it makes proposals, such as the article III-177 of the European
Constitution Draft (now article 165 of the Treaty on Functioning of the European
Union) and mentions that the Union contributes to the promotion of European affairs
in the sporting field, in the framework of its social and educational function. The
action of the Union involves the aims ofh) developing the European dimension of
sport producing the openness of competitions and the cooperation among the sport
stakeholders as well as the protection of the physical and moral integrity of the
athletes, especially of the younger ones.
Inside the constitution it is mentioned that that the Union among other activities, it
supports, coordinates and supplements sport in its European dimension. (now article
6 of the Treaty of Function of the European Union)
By actions, in effect, though, Europe often hesitates and relents.
The choice of Athens at that certain point is not devoid of symbolisms and deeper
meanings. Just like in 1896, the Games of 2004 introduce something new: the
European Games.
In 1896 the novelty was the revival of the Olympics in total. In 2004 the novelty
involves the organization of the first European Olympic Games, that is the first
Olympic Games organized under the absolute application of EC law. (The draft of
the European Constitution was also there at that time).
As has been mentioned above, there are provisions in the European Constitution,
which are connected with the phenomenon of sport. The Constitution aspires to have
an important role in this field as the recent process of the EC law proves. Under this
49

point of view the materialization of certain provisions which were embodied in the
European Constitution would not come as a surprise, especially with the occasion of
the Athens Olympics, the first Olympics under the absolute application of the EC
law. Besides, it should not be overlooked that Athens constitutes a territory not only
of Greek interest but also of Community interest, especially during a period that the
European influence is exceedingly intense.
The interest of the community law is mainly focused on the fact that the so-called
social dimension of sport has emerged. Sport in general is a social phenomenon,
which is addressed to an enormo0us number of people and is subsequently connected
with huge financial interests. Simultaneously it involves principles which constitute
the essence of the EU itself, as has lately evolved.
Beyond these, though, sport over the centuries has had a social and educational
aspect as well, which cannon let the EU indifferent to.
So, undoubtedly, Athens, with all the symbolisms that follow it, could, as a European
host city, enhance all these elements.
Comparing the two Games of Athens to each other, one could realize that the role of
the city as a symbol is of extraordinary importance, with the extra element of the
European dimension emerging in the Games of 2004. It should not be forgotten that
Europe is also looking for a common cultural identity. Every event which takes place
within its territory and is accompanied by a long tradition reasonably attracts its
interest and its attention.
From this point of view Athens symbolizes the Games of the New European World
in contrast to the strong new powers of Asia, China, Japan and Australia of course
which has just passed the Olympic Games in 2000. The Games of Athens 2004 had
the possibility to set a unique chance for Europe to prove that it exists as a whole and
supports the host-city which revived the Olympic Movement in 1896. It was also a
chance for the European dimension of sport to get started.
However, it is highlighted that the organization of the Athens 2004 Olympics only
indirectly demonstrated the European character of the Games. At a level of tangible
symbolisms it had nothing to show except for the presence of the construction of the
roof of the Olympic stadium by the Spanish architect Calatrava. Despite the fact that
there were many aspects which had a community interest and the EU took some
initiatives (e.g. the doping rules), there was no reaction to these incidents by the
community organs and the EU seemed to be indifferent to the matter of security and
establishment within its territory. The idleness of the EU to a reality that was
enforced for fear of a terrorist attack and the subsequent human rights violations was
quite remarkable.
The ratification of the Lisbon Treaty and its entry onto force on the 1st December
2009 consolidated the European dimension of sport. Indeed, now there is a new EU
50

competence: the one over sport. The Olympic Games of London will be not only the
second ones under the absolute application of the EU law but also the first ones
under the new EU competence over sport. Article 6 and 165 make clear the EU
should have an active role in the sporting field and cooperate with the IOC and the
relative stakeholders for its promotion. Lets see then what the reaction of the EU
will be during the London Games, when the same challenges will emerge and how
the EU policy will change after this new competence in relation to the London
Olympics.

51

Chapter 3

The Olympic Movement Rules: Autonomy and Pluralism.

The legal pluralism finds its best expression in the field of sports law. The relation
between private and public, national and international, is absolutely developing in the
field of sports law in a modern and contemporary way.
The traditional sports law is formed with a system of rules, the prevalent of which
are the Olympic Movement rules. The total structure of the rules of sports law as a
whole, though, cannot be overlooked, since sports law constitutes a legal entity.
Sport in Europe and further in the whole world is greatly based on its associational
organization, in unions of people which exist in order to facilitate the sporting
exercise. Particularly the fact that these unions concern a great number of people
makes them even more attractive. The sporting clubs bring forward national
federations and the latests from their side bring forward international federations.
The international federations are competent to introduce specific rules regarding the
respective sport, which even though concern various matters, are normally governed
by the private law.
The organizational structure of the sport movement constituted a powerful original
for the Olympic Movement, which maintained its fundamental principles and posed
its own rules pertaining to the sporting matters50.
However, the autonomy as regards the competence of producing Olympic movement
rules could not avoid being affected and simultaneously limited by the various
systems of rules production in both national and international level.
Subsequently, one could realize that, even though a basic characteristic of sport is its
regulatory autonomy, states interfere statutorily in sports at a limited level.
Nevertheless, the attempt of the states to penetrate in the sporting phenomenon is
being increased.
The interference of supranational organizations as well as of other units of power is
also gradually promoted towards the same direction. One could now realize that now
beyond the federations and the IOC, the states, the EU, the Council of Europe, the
UN etc. claim an active interference in the regulation of sport. Each entity claims the

50

Lapouble J.C., Droit du sport, 2006, p.9 ff., see also www.droitdusport.net, www.cdes,
Champion, Walter, Sports Law. 2nd edition, St. Paul, MN: West Publishing Co. 2000,
Dudley, William, Drugs and Sports. San Diego, CA: Greenhaven Press, 2001, Epstein A.,
Sports Law. Clifton Park, NY: Thomson Press, 2003, Jones, Michael. Sports Law. Upper
Saddle River, NJ: Prentice-Hall, 1999., Weiler, Paul and Roberts, Gary. Sports and the Law.
St. Paul, MN: West Publishing, 1993, Wong Glenn, Essentials of Amateur Sports Law.
Westport, CN: Praeger, 1994, Yasser Raymond, et al. Sports Law: Cases and Materials, 5th
edition, Cincinnati, OH: Anderson Publishing Co., 2003

52

portion of power that corresponds to it as well as the exposition in the international

view that sport and its relation with the mass media can guarantee.
An exercise of rules could be specially considered as the total of these rules since it
systemizes the sports law of the states, the law of various international institutions
and unions, the EC law, the law of sporting institutions and the rules of every sport.
It is really a complicated system of rules with a great interest and originality which
leads to particular speculation!
The Olympic Movement rules consequently constitute a portion of the sport law
rules and pose the matter of their relation with the all the other rules that they
necessarily communicate with. This matter is not a new one.
The sport law rules have emerged since 1281, as Chaker51 ascertains with the cause
of a law that was voted by the Island Parliament for the liability of sportspersons. In
reality these rules constituted an application of the Roman law in the field of sport,
which was closely linked to the chivalry of the period. Also, it has to be pointed out
that the sporting rules have an indefinite scope. They involve the federation rules, the
rules of the game, the contracts, the freedom of settlement, the labour law, the mass
media, the criminal liability, etc. Caught in the middle between public and private
law, sports law led to severe problems regarding its autonomy towards state rules.
The matter of autonomy and legal pluralism becomes increasingly popular in view of
the globalization that surrounds modern sport, especially because of the Olympic
Games. EC law acquires for this reason a special interest too.
The Olympic Movement, since the moment that was founded, outfitted with
institutional autonomy and its own regulatory framework. Being fully aware of the
rules of playing the game through the rules of each sport, which allowed the
Olympic Movement to converse with the Federations and the athletes, it began a
proportional institutional dialogue with the main regulatory actors of the modern
world, the national states. Through this dialogue an important interactive relation was
developed. The Olympic Movement rules, the national legislations and constitutions
contributed to this relation. The so much desired autonomy of the Olympic
Movement seems no longer to exist.
Santi Romano essentially elaborated the matter of the autonomy of the sporting rules.
The origins of the idea are much older, though. Initially, the Polish lawyer L.
Petrazycki (1867-1931) posed the matter of the sports autonomy having in mind that
the sporting codes create law. In 1930 there was a thesis about the subject: Les
Sports et le Droit 52, (The Sports and the Law) and three years later C.Sforza
introduced the question of the special order of sporting rules53. L.Silance
developped these theories, making often a reference to the interaction of the relative
Chaker A.N., Etude des lgislations nationales relatives au sport en Europe, Edition du
Conseil de lEurope, 1999.
51

52

Loup. J, Dalloz 1930

53

Lapouble J.C, Droit du sport, ellipses, 2006, p. 19 footnote 2

53

rules54. The Bosman case which will be examined further later, posed actively the
issue of legal pluralism in sports law, changing up to a great extent basic positions of
the theory: the EC law claimed and gained its prevalence.
The legislative framework of sport and its relation to the Olympic organization

Sport as a means of expression of the freedom of association

Modern sport34 in Europe is based traditionally on the organizational structure of
regional associations. At national level these associations form federations. Each
sport is organized as part of thematic and national federations, which are joined at
European level and constitute the so-called sports movement35. The Olympic
Movement36 adopted the way sport is organized in Europe on the basis of
associations, which are also governed by private law. As part of this organizational
structure, the Olympic Movement has functioned independently and has set the
fundamental rules that are in force for sports issues concerning these associations 37,
incorporating at the same time rules that had been laid down by these associations
before the creation of the Movement. The autonomy of the Olympic Movement is
being tested today in the light of the rules that govern the Community and internal
legal order and in the context of an original relation of collision and convergence,
which determines the boundaries of the freedom to contract with relation to the
principle of primacy of Community law and the principle of the rule of law.

Silance, L., Linteraction des rgles de droit du sport et des lois et traits manant des
pouvoirs publiques, Revue Olympique, 1977, no. 120 p. 622 ff.
54

34

This concept in Greek is accepted in the present study, and in compliance with the
conclusions of the science and rules that govern sport, as a translation of the English term
sport. In brief, for an activity to be described as sport the following are required: physical
activity, competition and the pursuit of a record or a distinction, the existence of rules and
organization patterns for the practice of each sport, as well as the practice of sport as an end in
itself and not as a means of participation in the production process. The present study will not
deal with the issue of the difference between sport and private exercise, or physical exercise.
Nor will it enter into the notional issue, which is the subject of other sciences. For a more
analytic approach to this subject, s. Malatos A., The scientific approach of sports law(In
Greek), Ant. Sakkoulas, 2000. The same work includes a substantial approach to the sports
phenomenon as a whole, but also to sport as a marginal legal concept.
35

Malatos A., The scientific approach of sports law (In Greek) , pp. 53 ff. Panagiotopoulos
D., Sports Law, A scientific Approach, in 1, Ant. Sakkoulas, 1994, pp. 19 ff.
36

The concept of the Olympic Movement is defined in accordance with the Olympic Charter
and is examined below.
37

For an excellent critical approach to the relation between associations and their laws and
states, s. Duguit L., Les transformations du droit public, La mmoire du droit, 1999, p. 122.

54

The present chapter will deal with the adventures for establishing the fair play
system, as envisaged by the founders of Olympism38, through sport and the freedom
to contract. Part of this analysis will determine the boundaries of the rules of the
Olympic Movement as opposed to the national and Community law of a European
state.
The end of amateur sport and the role of the IOC

The sports phenomenon has been developed after the model of autonomous
associations. This has been the sequel of the amateur character of sport, which for
long was a practice not related with profit making. Now sport goes beyond its
educational and cultural character, which was the case when sport was principally
amateur. Sports activity has assumed enormous financial dimensions and constitutes
a source of wealth increase at international level.
In the beginning of the 1980s, the International Olympic Committee40 (IOC) adopted
two important decisions concerning the overall consideration of the sports
phenomenon, which shed light on the development of the sports movement in a way
that altered its history. On the one hand, this allowed the participation of all athletes
in the Olympic Games, irrespective of whether they were amateurs or professionals.
On the other hand, it established a system that allowed the Games to be
commercially sponsored paving the way to the general commercialization of sport.
Today, sport is an activity of considerable economic weight, which is perceived by
the legislative systems of sport associations, of states and of the European Union as
convergent at some points and divergent at others41.
The economic character of sport has required the enforcement of a set of rules, which
infringe upon the autonomy of the sports movement and impose the regulation of a
series of issues through the use of different laws. These issues concern the
safeguarding of the rights sanctioned by the European Union and the national
Constitutions. A considerable law-producing activity of the states raised the
autonomy of the sports movement to a pivotal issue. This issue becomes even more
acute in view of a forthcoming Olympic organization by a Member State of the
European Union.
The interest of modern states in sport

In the 20th century, the development of the sports phenomenon has escaped private
initiative. States, as well as the international legal order, show great interest in sport.
Therefore, sport is an object of constitutional provisions, national legislations but
38

The concept of Olympism is defined in the Olympic Chapter and will be examined below.

40

The International Olympic Committee is defined as a concept in the Olympic Charter and
will be examined below.
41

European Commission, document 29/9/1998 (final), The development and prospects for
community action in the field of sport.

55

also the object of service public according to the French public law theory.
Correspondingly, the European Union is interested in every possible way in
achieving a rationalization in the relations between private sports organizations and
states. The Council of Europe has the same concern. Besides, the coordinate interest
shown by the states, the European Union and the international organizations is
dictated by the fact that sport affects greatly the political activity and primarily the
electorate and, hence, should not be left exclusively to private action.
The Olympic Movement, endowed with a strongly international character, but also
with the possibility to have an effect upon national associations, constitutes a
universal phenomenon, which converses with nations, international organizations, as
well as with private organizations. Its autonomy is welcome, even desired, in as
much as it does not impinge upon the sphere of influence of the states.
It is beyond doubt that such an attractive object, both from an economic and a
political aspect, like sport, is a field of competition between private action and state
interests42. Therefore, sport becomes an area of tension between the freedom of
association and the interest of states in sport. This competitive relation is revealed
throughout the analysis attempted in the present study43.
The end of the amateur character of sport justifies the appearance of a few more
suitors of the sports phenomenon: private enterprises and all sorts of speculators.

The particular attributes of the Olympic organization An autonomous

legislative framework for the Olympic Games

The legal status of the Olympic organization and the legislative framework of
sport

What has been mentioned about the existing framework of sport, takes on a
particular importance in view of the organization of the Olympic Games of 2004, the
legal status of which is both peculiar and engrossing. Its approach requires
understanding how the sports phenomenon has been regulated. For that reason the
basic guidelines have been laid down from the beginning, which will occur
42

S. in the French case law the development of a public service for sport, among other things
C.E. 22.11.1974, Fdration des industriels franaises d articles de sports, C.E. 22.11.1976,
Fdration franaise de cyclisme, T.C. 7.7.1980, Pescaud c/ Groupement de football
professionnel, and Dupuis G., Guerdon M.J, Institutions administratives. Droit
Administratif, Armant Colin, Collection U, 1986, p. 350. According to the above judgments,
although sports associations are governed by the private law, they issue administrative acts,
which can be reviewed and annulled, because they participate in the exercise of public service
and operate vested with privileges of public authority.
Chevalier J.M., Ekerland I., Frison Roche M.A., (dir), L ide de service public estelle encore soutenable? P.U.F., 1999, Braibant G., Le droit administratif franais, Dalloz,
1985, p. 127.
43

56

throughout the present study. If they were to be mentioned briefly, these guidelines
would be the following: the regional character, the fundamental relation between
sport and the city, the self-determination of sport through private law associations, as
well as the relation between the athlete, the sport that he/she practises and the sports
association. The economic dimension of sports activities contributes to changing the
way the legal aspect of the sports phenomenon is perceived and requires the
implementation of rules concerning this economic aspect of sports.
The basic characteristics of the rules that govern sport apply to the Olympic
organization as well, especially to the extent that the organization of the Olympic
Movement, although its aspirations are higher, corresponds with that of the sports
movement. However, the Olympic organization presents greater legal interest, since
it establishes a special legal framework for the Olympic Games, through a structure
of institutions and rules, which are accepted not so much through legislation but
rather through private law contracts. Studying the example of Athens, we see that the
internal law has embodied the Olympic organization of 2004 through a series of
interventions, which began by the signature of the Host City Contact between the
city of Athens, the Hellenic Olympic Committee and the IOC, by the creation of the
Athens Olympic Organizing Committee and continued with a series of legislative
enactments.
The Host City Contract is, hence, the combination of rules and institutions that
triggers off the legal argumentation on the relation between the city of Athens and
the Olympic phenomenon, but also on the relation between the rules of Greek law
and those of the Olympic Movement. As a result, the particularity of the relation
between the rules of the Olympic Movement and those of the Olympic organization,
rests on the fact that, among other things, it has a dialectic relation with the internal
law, which is expressed in more than one legal issues set forth in the light of that
fundamental relation, which is established by the Host City Contract.
Significant analogies between the rules that govern sport in Greece and the rules of
the Olympic Movement were to be found before the undertaking of the Olympic
Games by the City of Athens. The associative nature, the specialized jurisdictional
bodies and the special Regulations emanate from the same source of inspiration,
which is the autonomy of the sports phenomenon. The latter is keenly embraced by
the modern state, especially due to its political and economic interest. These
analogies explain to a large extent the nature and essence of sports rules and of the
rules of the Olympic Movement.
For the needs of the present study, the examination of the above issues is limited to
the Olympic organization of 2004 by the city of Athens and does not expand to the
more general issue of the implementation of the Olympic Movement rules in the
different countries that host the Olympic Games. This choice is necessary. Any
attempt of a comparative survey of the legal issues that the different Olympic
organizations bring to the fore, presupposes systematic knowledge of more legal
systems, as well as the comprehension of the basic subject of comparison, which is
57

the legal nature and framing of the Olympic phenomenon. In that sense, it is a hope
that the approach adopted in this book will constitute the legal foundation for more
specialized studies and researches of the Olympic phenomenon by the legal science.

The freedom to contract and the relation between the associative nature of sport
and the Olympic organization

The Olympic organization in whichever city it may take place, is associated with the
legal order of the respective country through an agreement, the so-called Host City
Contract50. The freedom to contract requires the commitment of the contracting
parties under this agreement. The Olympic Movement uses the rules of private law in
order to finalize its relation with the city that will organize an Olympiad.
The freedom to contract was, perhaps, the French legacy of the Baron de Coubertin
in his conception of the Olympic organization51. This agreement also expresses the
transcending of the Olympic Movement in relation to the more general issue of
sports rules, because through it the Olympic Movement materializes a broader plan
for the world, which is not limited to the staging of the games.
Through the Host City Contract the IOC demands the respect of all its statutory rules
by the contracting parties. Hence, the sources of the rules of the Olympic Movement
50

In reference to this contract, s. the proposal of Venizelos E. at the Technical Chamber of

Greece (above) where he explicitly stated the following: Our first self-evident responsibility
is to respect the commitment that we have undertaken on the basis of the bid file and the
contract between the city of Athens, represented by its Mayor, Mr Dimitris Avramopoulos,
the National Olympic Committee and the International Olympic Committee. This is a contract
of accession; a contract that has been signed without any possibility of negotiation. Because
this is the Olympic, the international sports reality, and when I say sports reality, I suggest the
communicative and economic reality as well. Therefore, on the basis of the Lausanne
Agreement and the bid file, we are forced to act in a way that is necessarily determined by the
five parameters that govern any large intervention of technical nature. These parameters are
property, environment, town planning, building activity and archaeology.
Among others, s. Alfandari E., - Jeantin M., Associations associations sportives et
socits objet sportif, commentaire de la loi du 16 juillet 1984, Rev. trim. dr. com., 1984,
pp. 692 ff., Bertrand J., L association sportive et le droit, Rapport, Congrs des Conseils
juridiques, Lyon, 1983, Bull ANCJ, 12/1984, no.11, p. 39, Brichet R., Dans quelle mesure les
associations sportives et de jeunesse participent-elles l excution d un service public? Mel.
R.E. Charlier, Service public et liberts, Ed. de l universit et de l enseignement moderne,
1981, p. 371, Mayaud Y., Associations sportives, Loi du 16 juillet 1984, Rev. juris-assoc.,
1984, no.11, p. 32, Morange J., La libert d association en droit public franais, P.U.F.,
1978, Plouvin J.Y., Les relations de l Etat et des groupements sportifs, Rev. Admin., no.
159, 1974, Plouvin J.Y., Les associations sportives ou le sport la recherche de son juge et
de son droit, A.J.D.A., 1980, p. 177, Plouvin J.Y., Libert d association et pratique des
statuts dfinis unilatralement par l administration: le cas des tablissements d
enseignement, Quot. Jurid. 4 mars 1980, p. 2, Rabouille R., Les associations sportives et le
problme de leur responsabilit, Thse droit. Lille, 1937, Taupier M., Recherches sur la
nature juridique des fdrations sportives et de leurs actes, A.J.D.A., 1970, p. 75.
51

58

are binding for the contracting parties. The examination of the rules of the Olympic
Movement will bring out the points of friction with the national rules, which will
serve the vision of Olympism.
Through the contractual relation proposed by the Olympic Movement in order to
materialize its ideals, the associative nature of sport proved to be an extremely
efficient means, since all the members of the Olympic Movement accepted
successively the legislative framework set by the IOC and especially the rules of the
Olympic Charter. Private law sufficed to achieve that goal, seeing that free will and
self-commitment guaranteed the fulfillment of the Movements goal.
Through this methodology, the Olympic Movement has placed the contracts and the
freedom of will at the service of its ethical and philosophical goals. In this way, it
showed that it is possible to use the means of the positive law in order to promote
ideologies.
This choice is not recent, but dates back to the birth of the modern Olympic
Movement. The founder of Olympism, Baron de Coubertin, was apparently aware of
that choice, when he decided to shelter his ideological vision in the status of
autonomy of the sports phenomenon. So, if that ideology had been avant-garde for its
time, the conception of its execution proved even more advanced. The associative
phenomenon, the freedom to contract, the flexibility of private law, the
constitutionalism of that time combined with the Anglo-Saxon system, de Toqueville
and Nitzche, allied to create the paradoxical as well as effectual law of the Olympic
Games or rather the law of the Olympic Movement.
All these principles have been expressed in the Olympic Charter, the statutory text of
the Olympic Movement. Whether a manifest or a philosophical essay, the Olympic
Charter manages billions, of major political power and influence and imposes its
rules from Atlanta to Barcelona and from Sydney to Athens.
However, the economic dimension of the Olympic Games made the leap of Baron de
Coubertin inadequate, since it obliged the different legal orders that are invited to
materialize the vision of Olympism to take into consideration principles and rules
that do not govern purely the sports phenomenon, but its economic dimension.
Therefore, the vision ceased to move in the sphere of ideology and stepped in the
sphere of profit.
Therefore, the principle of fair play55 converged with the rule of law at a pivotal
point, which was the economic dimension of the Olympic Games, and showed the
points where each one prevails.

55

Rigauer B., Sport and Work , New York: University of Columbia Press,1982, Simon
R.L., Fair Play: Sports, Values, and Society , Colorado: Westview Press,1991, Loland S.
(2002) Fair Play in Sport: A Moral Norm System , London: Routledge, McNamee, M. J. and
Parry, S. J. (Eds.), Ethics and Sport , London, Routledge, 1998.

59

A state regulatory framework for sport

Sport constituted in the past a human activity which mainly concerned private
individuals and sport clubs. The development of the sporting phenomenon, though,
has slipped the private initiative in our century. States show intense interest in sport,
just like the international legal order. So, sports constitutes an object of constitutional
provisions, national legislations etc. It is not accidental that the state action is
expanded given that sport has a huge influence in the political situation and also
because sport affects the electors. It is impossible, subsequently, for the state to leave
sport exclusively to the private action. It has been already found out that an Olympic
Organization relies not only on the host city contract to introduce the governing
rules. States, like England through the London Games and Paraolympic Games Act
2006, regulate the organization. Greece has acted relatively as will be stated below.
Simultaneously, the EU is also interested in achieving by any means a rational
relationship between the private sporting institutions and the states. The same is true
for the Council of Europe. The combination of the legal sources from national and
supranational organs becomes indispensable taking into account the relation between
national and international rules of law. Each jurisdiction decides about the validity of
its rules based on its constitutional provisions.
The Olympic Movement, having a powerful international character, but also a
potentiality of affecting the national unions, constitutes a global phenomenon, which
enters into contracts with states, international organizations etc. Its autonomy is
desirable but feasible only in so far as it does not intrude itself into the state
jurisdictions. However, the Olympic Movement autonomy can do nothing but take
into consideration the recent developments in the field of sports law.
Undoubtedly, such an attractive financially and politically matter as sport is a field of
competition between the private action and the state interests. Therefore, sport leads
to a tension between the freedom of association and the state interest for sport. The
end of the amateur character of sport reasonably offers to the sporting phenomenon
some further some further fiancs: the private companies and any institution that
could be profited by the relative object.
The try to prevail is relative to the prevalence of the respective regulator of the
certain activity, which is powerfully claimed by important actors in the international
scene.
The international constitutional framework of sports
Gradually, a great number of international institutions acquire an increasing interest
in the relation with the sporting phenomenon. In 1977 for instance UNESCO
founded the transnational organization for the physical education and sport and in

60

1978 UNESCO adopted the international charter on the physical education and
sport56.
The Council of Europe, as one can easily find out, has shown a special interest in
various sectors but also in the general matter of the moral principles of sport,
minding separately the fair play.
The EU from its side, despite the absence of reference in sport in the initial treaties,
gradually acquired a particular interest in the sporting affairs, in particular because of
the ECJ jurisprudence.

The positions of the Council of Europe about Sport and their contribution to the
forming of a European perception about sports
Beyond the community organs there are more European institutions that have tried to
make a contribution to the sporting affairs. Rules of relative content to the one of the
Olympic Charter were adopted by the Council of Europe under an intense effort to be
placed among a unified European system.
A European Charter for Sport has been already adopted at a level of committee of
Ministers on the 24th of September 1992. The Chapter has many similarities with the
Olympic Chapter. On the same day the Ministers Committee adopted the Code of
Sport Ethics-Fair Play for sports.
The Council of Europe on the 24th September 1992, laid down a Code of Sports
Ethics which focused on the fair play principle, defining the relative term as well.
According to the Code of Sports Ethics, fair play is defined as something much wider
than playing by the rules. It incorporates the concepts of friendship, respect for others
and always playing with the right spirit. Fair play is defined as a way of thinking, not
just a way of behaving. It incorporates issues concerned with the elimination of
cheating, gamesmanship, doping, violence, corruption, and commercialization. In
this sense, fair play is mainly a positive and deontological concept and not just a
principle or rule. The governments, the sporting organizations and the natural
persons are competent to secure the compliance to it. The Council of Europe
establishes certain moral obligations especially for the governments.
Simultaneously, the Council of Europe established a European charter for sports on
24.9.1992, that was adopted at a committee of ministers level. According to this
charter, governments were to take measures for the adoption of the Code of Sports
Ethics. It is clear that the care for the moral development, with the occasion of sport,
was expanded at a Council of Europe level as well. Indeed, the Council of Europe
was kind of competitive towards the IOC in this field, aiming at committing the
states and their governments in respect of the same object or at least to force them to
support it. As soon as the treaties become via the recognition of international treaties,
56

James A.R. Nafziger, International Sports Law, Transnational Publishers, 2nd edition ,2004
Roger Blanpain, The Legal Status of Sportsmen and Sportswomen under International,
European and Belgian National and Regional Law, 2003, Kluwer Academic Publishers,

61

rules of interior law, it will be interesting to deal with their relation with the Olympic
movement rules, especially if it comes to states that the entering into a host city
contract made them accept the Olympic movement rules.
Being a remain of the chivalry rules; the relative rules constitute a subject matter of
great interest by the national legislator.
The Council of Europe is intensely activated in the relative field and recently, in the
8th Council of Ministers of Sport Healthy and Clean Sport for the 3rd Millenium
proceeded to a decision covering a wide range of matters. The Greek legislation has
embodied only the European Treaty against doping and other provisions. It is
particularly interesting to deal at a certain point with the issue of the variety of
provisions on this matter that is regulated by the national, the EC and the
international law.
Recently the judgment CM/Res(2007)8 was adopted by the Council of Europe in the
117th calling of the Council of Ministers. The aforementioned judgment creates a
Wider Treaty about sport. Mr Terry Davis, General Secretary of the Council of
Europe, chaired in the first session of the EPAS statuary committee in Strasbourg on
18 June 2007.
The whole Council of Europe activity can lead to the conclusion that there is a
systematic effort to lift the autonomy of sporting rules and the state rules and also an
effort to achieve a unified regulation at a European level.
The most attractive subject-matter of modern sport is claimed by both the private
authorities and the state action. The Olympic Movement can do nothing but face this
reality of the 20th century which seems to extend, despite the scepticism of the
sporting movement, to the states.
Under these circumstances of competition, the states introduce constitutional
provisions for sport and greatly interfere to its exercise. By various statutes they try
to slip into the action of sport clubs and control their action. At the same time, there
are international organizations that make a reference to the sporting phenomenon and
introduce rules that regulate it, limiting its autonomy and showing the desire of the
members of various international institutions not to leave sport exclusively to the
private action.
Also, there is an intense legislative initiative by states, including Greece, that
indicates the effort of the legislator to not be restricted to a role of a simple observer
in the sporting affairs, which under no circumstances can constitute a different order
from the state order. The legislative initiative is sometimes necessary for the sporting
institutions in order for their goals to be achieved, some other times it is undesirable,
since it violates the limits of their contractual autonomy.
The European orientation of the relevant rules cannot be considered to have the same
objective as the community law. It always has though an institutional particularity
which should be highlighted and carefully approached.
Violence and misbehavior at sport events

62

Violence and Sport in International Treaties-The Council of Europe position

One of the greatest problems that modern sport faces is the problem of hooliganism
and violence in the stadiums. Indeed, it could be stated that this phenomenon has
made many sports fans to keep distance from the stadiums and sports in general. It is
indicative that this phenomenon has been a case of study by many sciences such as
sociology, psychology, criminology and philosophy.57
The severe consequences of the violence in sporting fields led the Council of Europe
to encourage the states to proceed to a Treaty about this issue. So, the European
Convention on Spectator Violence and Misbehaviour at Sports Events and in
particular at Football Matches was opened for signature on 19.8.1985 and entered
into force on 1/11/1985 (three ratifications were required).
The Treaty provides two categories of measures against spectator violence: the
preventative measures and the suppressive ones.
The preventative measures include:
Sufficient employment of workforce by the police authorities for the guarding of
sporting areas and cooperation with forces of other areas for the effective control of
violence and misbehavior
Appropriate organization of the teams, appointment of a director and
cooperation with travel agencies for the avoidance of the presence of troublemakers
Construction and organization of stadiums in a way that could prevent fights
among spectators. This can be succeeded by splitting the fans of the two teams and
controlling strictly the tickets before the Game. Renown troublemakers should be
preventing from entering the stadium and there should be also a ban on alcohol
inside the stadium.
Social and educational measures should be taken. Educational programs should
be carried out in order to enhance the fair-play, the sense of the noble competition
and the respect of the opponent to all the people.

Cooperation among national sporting authorities in international games

The suppressive measures should aim at the apprehension and conviction of the
hooligans and should have a criminal character. However, it is mentioned that they
should not undermine the principle of the independence of justice.58
The Convention also provides the establishment of a Constant Committee of the
fighting against violence at sports Events. All the members of the Treaty are eligible
to send representatives to the Committee.

57

Farantos G., Philosophy I, Theory of Greek Sport (in Greek), Telethtion Publications,
Athens, pp.56 ff.
58

Panagiotopoulos D., International Athletic and Olympic Institutions (In Greek), Nomiki
Vivliothiki, 2007, pp. 225 ff.

63

Many states ratified this Convention including Greece and England which are the
first two cities that organize Games under the absolute application of EC law in
sport.
In both England and Greece, there is special legislation against spectator violence. In
England there is the Sporting Events (Control of Alcohol etc.) Act 1985, which
prohibits the carrying of alcohol in so-called football specials and gives the police
powers to stop and search transport if they suspect that alcohol is on board. It, also,
makes it an offence, for an individual to attempt to enter a football ground while
drunk. The effectiveness of this statute is considered doubtful, since it is taken for
granted that there is a link between alcohol and aggression.59 Moreover, the Football
(Offences) Act created an additional offence of throwing anything at or towards the
playing area or any area where spectators or others are or may be present at a
designated football match.60 Another important statute is the Football Spectators Act
1989, as amended by the Football Disorder Act 2000. The most important provision
of this Act is that it introduced restriction orders, intending to prevent those
convicted of football related offences61from leaving the country whenever English
teams are playing outside England. These provisions, however, are prima facie
incompatible with the fundamental freedom of movement of the European Law as
well as articles 5, 6, 8 of the European Convention of Human Rights, which is
embodied to the English law with the Human Rights Act 1998. According to the
article 46 of the EE treaty, member states could impose discriminate measures and
distinctions on the grounds of public policy, public security or public health. The
consistency of this Act with the European law was the content of the judgment in
Gough and Smith v Chief Constable of Derbyshire. The court decided that there was
not an inconsistency to the European Union rules since it was based on public policy
and security reasons, nor was it disproportionate, since, according to the court very
firm measures were justified to confront the various sickening ills of football
violence. The progressive nature of the legislation from 1986 onwards demonstrated
proportionality.62
In Greece there is, also, specific legislation about the restriction of football
hooliganism. Article 41 of the Greek law 2725/1999 is quite analytical and includes
many provisions about preventative measures against hooliganism as well as

59

Pearson G., Legislating for the Football Hooligan: A Case for Reform, p.184 in
Greenfield S. and Osborn G., Law and Sport in Contemporary Society
60
Beloff M, Kerr T., Demetriou M., Sports Law, Hart Publishing, Oxford- Portland Oregon
1999, p.111
61

offences committed up to 24 hours before and after the game

62

Blackshaw I., Football Hooligans and Human Rights, in 151 New Law Journal 1562

64

criminal offences which are quite detailed.63 Any act which could lead to a body
injury is criminalized, even though there is no injury. The dropping of objects inside
the field is also criminalized. A very important provision is that there is an exemption
of the rule about the inhibitory result64 of the appeal65 in the Greek Criminal
Procedure. Moreover, there is a provision like the s.14B of the Football Disorder Act
but is not as harsh as that. The convicted person is not allowed to attend the games of
his team for a certain period ( 6 months to 2 years ) and has to appear before a police
station every time his/her team plays.66 Also, there is a provision about the objective
disciplinary liability if the team for its spectators behavior.

Sporting Rules, Olympic Games and International Law

It is gradually noticed that beyond the European interest in sport there is also an
increasing interest in sport and Olympics by the international community. This seems
to be obvious due to the regime of the Ifs concerning the respective sports. These
federations, though, form part of the IOC structure and are eventually subject
hierarchically to its rules.
It could be alleged that there are sufficient reasons for increasing the international
community interest in sport and games. This is true especially taking into account the
number of the spectators and the political influence that the Olympic Games could
assert, through the global character of the event itself.
The regulation of the Olympic Truce and its embracement by the UN as will be
further analyzed below can only have a symbolic meaning. Probably not only
symbolic.
Beyond the symbolisms, though, the regulation of the truce acquires an important
meaning when the Olympic phenomenon is accompanied by security regulations like
the Games of Athens.
Many international organizations tried to take advantage of this great promotion.
UNESCO, for instance has had a great involvement in the sporting field. Recently it
adopted in Paris in 2005 the International Convention against Doping in sport. Also,
much earlier, in 1978 it had adopted the International Charter on Physical Education
and Sport.

63

Mavromatis A., Sport ethics and violent behaviour in the sport field,
Klamaris/Malatos/Bredimas Olympic Games and Law, Ant.N.Sakkoulas Publishers,
Athens-Komotini, 2005, p.349
64

Karras Ar., Criminal Proccedural Law ( Greek ), 2nd Edition, Ant.N.Sakkoulas Publishers,
p.737, 1998
65

ar 471 of the Greek Code of Criminal Proceedure

66

Mavromatis A., Sport Crimes, Sakkoulas Publishers Athens- Salonica , p.51, 2006

65

The UN has also shown a great interest in sport. After having taken a resolution
against apartheid in sports67, it created the International Treaty against apartheid in
sport. Its greater contribution though was in the field of the effort of the revival of the
Olympic Truce68. The embracement of the institution of the Olympic truce by the
UN has definitely a symbolic importance and probably not only symbolic. In any
case, beyond the symbolisms the truce acquires a vital importance when the Olympic
phenomenon is accompanied by safety and security provisions, such as the ones
taken in Athens games.

The Role of NATO

The cooperation of NATO e.g. for the avoidance of crisis can only be vindicated
institutionally through regulations like the ones about the Olympic truce but it can do
nothing but cause scepticism about the increasing interest in this field.
NATO consequently was proved to have a pivotal role in issues about security and to
get involved by having offered its assistance to the Olympic organization in order to
prevent terroristic attacks69.
NATO had a leading role in the Athens 2004 security matters and got involved in the
Olympic organization trying to stop terrorist attacks.
67

UN Resolution No 31/6F/9.1976

69

http://www.whitehouse.gov/news/releases/2004/06/20040628-4.html
Release
Office
of
the
Press
June 28, 2004

For

Immediate
Secretary

Fact Sheet: NATO Contributions to Olympic Security

In response to a March 12 request from the Government of Greece, NATO has agreed to
provide security assistance for the Athens Olympics, and the subsequent Para Olympics.
NATO will provide:

Airborne Early Warning Aircraft (AWACS) to help coordinate air surveillance;

Naval forces; and
Chemical, Biological, Radiological, and Nuclear (CBRN) response units.

NATO remains in consultation with the Government of Greece about possible additional
security assistance.
NATO's contributions to security at the Olympics are in keeping with the Alliance's highest
priority, which is protecting the citizens and territory of NATO members. Providing
assistance with security at high-profile events such as the Olympics is part of NATO's
contribution to the global fight against terrorism.

66

Torino also asked the cooperation of NATO for the security of the 2006 Winter
Olympics.
The British Parliament has already dealt with the issue of asking the NATO
assistance in the 2012 Games but they decided that it was rather early for such
discussions.

The international agreements against doping

WADA and UNESCO against doping

It is not just NATO that undertakes an important mission. In the issue of doping,
WADA, by introducing an international code and UNESCO, by introducing the
International Convention against doping in 2005 in Paris, have also had a vital role.
Thus, at a level of international law, the piece and security of the Games constitutes a
mixture of one ideology and one grant. After Munich and the 11th of September
events of high rating like the Olympics and susceptible to terroristic interest
constitute a field of conflict among disclosed and undisclosed powers.

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
The Olympic Charter adopts a series of principles and axioms of ethical content.
Such a basic principle is the one of fair play. In view of adhering to principles of
ethical nature, the Olympic Charter has established an Ethics Commission57, whose
mission is to develop the ethical principles, including a Code of Ethics, which is
based on the values and principles of the Olympic Charter. In addition, the Ethics
Commission investigates complaints raised in relation to the non-respect of such
ethical principles, including breaches of the Code of Ethics, and if necessary
proposes sanctions.
The concept of Olympism, of the sporting spirit, of sports traditions and of the
Olympic Ideal have no definite meaning of legislative content, but are determined by
the Ethics Commission, which interprets the Olympic Charter, unless there is further
specification in the Code of Ethics.
The Fundamental Principles of modern Olympism are set out in the first part of the
Olympic Charter. Olympism, according to paragraph 2 of the first chapter of the
57

Article 25 of the Olympic Charter.

67

Olympic Charter, is a philosophy of life, exalting and combining in a balanced whole

the qualities of body and mind. Blending sport with education and culture, Olympism
seeks to create a way of life based on the joy found in effort, the educational value of
good example and respect for fundamental and universal ethical principles.
Paragraph 3 of the same chapter provides that the goal of Olympism is to place sport
at the service of the harmonious development of man, with a view to encouraging the
establishment of a peaceful society concerned with the preservation of human
dignity. To this effect, the Olympic Movement can cooperate with other
organizations in order to promote peace. Obviously, as part of this principle, the IOC
promotes, in cooperation with the United Nations, the Olympic Truce58.
Furthermore, in paragraph 6, it is specified that the goal of the Olympic Movement is
to contribute to building a peaceful and better world by educating youth through
sport. According to this principle, sport is practiced without discrimination of any
kind and promotes the Olympic spirit, which requires mutual understanding with a
spirit of friendship, solidarity and fair play59. Apart from the Olympic Movement, the
concept of fair play has also constituted the object of specification by the Council of
Europe. To this effect, it has adopted a Code of Sports Ethics and fair play and
attempts in the second article thereof to define the meaning of fair play, in our
opinion rather unsuccessfully. However, that definition does not bind the Olympic
Movement and the Ethics Commission of the Olympic Charter60.
Fair play, as well as the other principles of the Olympic Movement, represents an
ethics entirely independent from religious or metaphysical admissions, having an
international character and placing the body at the centre of their frame of reference.
From that point of view, both their study and interpretation are particularly
interesting, as well as their legal approach, in so far as they are incorporated into a
legislative system, which converses with the positive law.
From what has been briefly said, it is obvious that the Fundamental Principles of the
Olympic Charter have a political connotation and essence. It is clearly understood
that through the revival of the Olympic Games in late 19th century, Baron de
Coubertin endeavored something much greater, at ideological and political level,
58

It is an institution analogous to the Olympic truce of antiquity.

59

Intentionally the Greek translation of the term has not been attempted, because any attempt
to render the meaning would divest it of the depth of these two small but meaningful words.
However the term has been translated for the needs of the Bylaw of the Organizing
Committee of the Olympic Games Athens 2004, which regulates issues of award and
monitoring of design and service contracts and acceptance of such designs and services, as
well as issues of the conclusion and execution of these contracts (Act of Ministerial Council
72 of 25/11/1999, Government Gazette A. 276 13.12.1999).
Tiverios M.A., The end and the beginning of fair play (In Greek), published in ,
17/9/2000. For the meaning of fair play and fairness in the Anglo-Saxon law, s. Rawls J., A
theory of justice, Oxford, 1999, pp. 93 ff., Dworkin R., Laws empire, Hart Publishing,
Oxford, 1998, pp. 193-5, p. 213.
60

68

than the staging of sports events and contests. It is a fact, that those principles have
been severely tried several times in the history of the Olympic Games, but without
the intentions of de Coubertin being lost. Irrespective of that, under no circumstances
do the above principles have legislative content or value as sources of positive law
for the Host Cities, but only to the extent that they are binding under the respective
Contracts.
Therefore, these principles cannot be understood through a constitutional approach or
an approach on the basis of international law principles on human rights, but only at
philosophical or historical level.
Fair play in the Code of Sports Ethics of the Council of Europe
The Council of Europe adopted a Code of Sports Ethics on 24 September 1992,
where it focused on the concept of fair play and even gave a definition for it 62. The
Council of Europe70 has adopted rules, quite similar to the ones of the Olympic
Charter, trying to subsume them in a Pan-European system.
It has been already adopted at a level of Ministers committee on 24/9/1992 the
European Sports Charter, which is quite similar to the Olympic Charter. On the same
day, Ministers Committee adopted the Code of Ethics-Fair Play on Sport.
According to the Code of Sports Ethics, fair play reflects much more than mere
respect of the rules of the game. It incorporates the concepts of friendship, respect for
others and playing within the right spirit. Fair play is a way of thinking, not just a
way of behaving. Furthermore, it embodies principles that are associated with the
elimination of unethical practices, unequal opportunities, corruption or
commercialization71. In that sense, fair play is primarily an ethical and deontological
62

The text can be found at http://culture.coe.fr/Infocentre/txt/eng/espcod.htm.

70

Analytically see also in http://www.coe.int/t/dg4/sport/SportinEurope/charter_en.asp

71

According to the CODE OF SPORTS ETHICS, Fair Play is defined as:

DEFINING FAIR PLAY

Fair play is defined as much more than playing with the rules. It incorporates the concepts of
friendship, respect for others and always playing within the right spirit. Fair play is defined as
a way of thinking, not just a way of behaving. It incorporates issues concerned with the
elimination of cheating, gamesmanship, doping, violence (both physical and verbal), the
sexual harassment and abuse of children, young people and women, exploitation, unequal
opportunities, excessive commercialisation and corruption.
Fair play is a positive concept. Sport is a social and cultural activity which, practised fairly,
enriches society and the friendship between nations. Sport is also recognised as an individual
activity which, played fairly, offers the opportunity for self-knowledge, self-expression and
fulfilment; personal achievement, skill acquisition and demonstration of ability; social

69

concept, not a simple principle or rule. Responsible for its respect are governments,
sports organizations and natural persons. Especially for the governments, the Council
of Europe introduces a series of ethical obligations.
It is, therefore, obvious, that the definition of fair play, which was attempted by the
Council of Europe, is so broad and generic that the concept becomes vague, if not
significantly altered.
At the same time, the Council of Europe, at the Committee of Ministers level, has
adopted a European Sports Charter on 24 September 199263. According to this
Charter, the governments shall take measures for the adoption of the Code of Sports
Ethics. Naturally, the Council of Europe was made party to the concern for moral
development through sport, and antagonized the IOC, with a view to binding the
states and their governments with reference to the same issue, or at least urging the
need for joint action. If and when these texts become rules of national law by means
of accession to international treaties, it will be interesting to examine their relation
with the rules of the Olympic Movement, especially if it is the case of states that
entered into a Host City Contract and thus led to acquiesce in the rules of the
Olympic Movement.
The concern of the Council of Europe develops in parallel to the concern of the IOC.
Nevertheless, we should point out the radical difference as to the authorities that
institute and control those ethical rules. In the former case it is the states, in the latter
it is the private organizations.
As a remnant of the rules of Chivalry, the said rules constitute an interesting issue for
the national legislator as well.
The integration of the ethical rules of sport in national laws
Certain concepts included in the Olympic Charter, among the above-mentioned, have
been incorporated into sources of the Greek law, whereas others preserve the status
of ethical rules, which are part of contractual relations governed by the private will 64.
It is paradoxical that in the framework of these rules, sanctions are being imposed, as
will be expounded below65.
interaction, enjoyment, good health and well-being. Sport promotes involvement and
responsiblity in society with its wide range of clubs and leaders working voluntarily. In
addition, responsible involvement in some activities can help to promote sensitivity to the
environment.
63

The text can be found at http://culture.coe.fr/Infocentre.txt.eng/espchart.htm.

About the ethical rules of the Olympic Movement, s. Samaranch J.A., Olympic ethics, in
Olympic Review, XXVI- 22, August- September 1988 under the topic Fair Play.
64

65

For a more general consideration as regards values in law, s. Hart H.L.A., Positivism and
the separation of law and morals, Harvard Law Review, 1958, pp. 593-629, Grzegorczyk
Ch., La thorie gnrale des valeurs et le droit, L.G.D.J., 1982, accompanied by analytic

70

By the Greek law 3148/1955 on the amendment and complementation of the

legislation66 concerning the Committee of the Olympic Games analogous concepts
were placed within the purpose of the Committee of the Olympic Games. In addition,
according to article 4 of the said law, beside the Committee of the Olympic Games, a
Special Committee was established, the Sporting Ethics Committee67. The goal
thereof was, among other things, the supervision for the respect of the sound
principles of the Sporting Spirit and of sports traditions, as well as the designation of
those infringing them as non-sportsmanly. In the framework of the law 3148/1955,
and especially the authorization of law in article 18 thereof, a Regulation of Sporting
Ethics was published by the Greek Royal Decree of 26.6/7.10.195568, which
described and specified those principles.
The above regulations show that in the Greek legal order a procedure of sanctions
had been enacted in case of breach of principles that could be defined only in
accordance with the Regulation of Sporting Ethics and the views of the
representatives of the related committees and organizations. This regulation bears
great resemblance to the corresponding one of the Olympic Charter, both in content
and structure.
The philosophy and structure of relevant regulations still exist in more recent
legislation concerning the same issue. It is specified in article 130 of the Greek law
2725/1999 Amateur and professional sport and other provisions that those
practicing sport of any kind and engaged in sports events, as well as those attending
such events, are bound to respect the principles of the sporting spirit, of sports
traditions and of the Olympic ideal. Paragraph 2 of the same article prescribes the
penalties ensuing from the breach of these principles69. The sanctions are imposed by

bibliography, Perelman C., Droit, morale et philosophie, L.G.D.J., 1968, accompanied by

analytic bibliography, Van de Kerchove M., Ost F., Le systme juridique entre ordre et
dsordre, P.U.F., 1988.
66

S. Kousoulis S. -Malatos A., ibid., pp. 249 ff. and p. 269, Royal Decree 26-9/6-10/1955
About the function of the Eythics Committee (In Greek).
67

Christodoulatos Ch., The Greek Ethics Committee and the Greek disciplinary sports law
(In Greek), in the International conference on Sports law, University of Athens, 11-13
December 1993 (published proceedings).
68

S. Kousoulis S.- Malatos A., ibid., pp. 272 ff.

69

Lytras S., The disciplinary phenomenon in the Modern Greek Administrative Law (In
Greek), A. Sakkoulas, 1989, Deligiannis G.- Skouris V., Legal nature of the sport judge and
the legality of his disciplinary competence (In Greek), Opinion, Armenopoulos, 1986, pp. 585
ff., Kostakos S. The disciplinary review of the infringements of the principles and the rules of
the sports ethics in the field of football(In Greek), , International conference on Sports law,
University of Athens, 11-13 December 1993 (published proceedings), Moderne F., Les
pouvoirs disciplinaires des fdrations sportives: problmes de competence et de fond, Les
Petites Affiches, no 111, 3.10.1984, Plouvin J.Y., Nature juridique de la sanction
disciplinaire prononce par une fdration l encontre d un sportif professionel convaincu

71

the Sporting Ethics Committee, which examines the matter ex officio. This
regulation does not require the redaction, by authorization of law, of a code that will
define the concepts of the sporting spirit, of sports traditions and of the Olympic
ideal. Therefore, although the authorization for redacting a Regulation of Sporting
Ethics does not seem to be abolished, the concepts contained in the said law are not
further specified and their interpretation is left to the judgment of the Sporting Ethics
Committee.
Since the law 2725/1999 does not specify from a legal point of view any related
vague concepts, the question is how the latter will be specified, especially since they
entail severe sanctions. In addition, another issue that arises is by virtue of which
method the Council of State will have the power to annul the decisions that impose
sanctions according to law 2529/1999, which are now imposed by the Sporting
Ethics Committee. On the occasion of the application of law 3148/1955, there is a
series of judgments passed by the Council of State, which ruled on the legality of the
decision of the Sporting Ethics Committee as to the vague concepts contained in the
law 3148/1955 and which are specified by the relevant regulation71,72.
It is clear from the above, that the Regulation of Sporting Ethics, according to the
Greek law, has a legislative character and produces consequences. An important
issue is raised as regards the rest of the concepts, to which the Greek legislation
refers, without specifying them. It is hoped that these concepts will not have to be
tried before the national courts, since such a judgment would cause undesired
tension. In any event, the reference to principles and values in the Greek law entails
review for constitutionality, which will determine the meaning and binding character
of the relevant provisions.
It is true that the Greek law has adopted and enacted part of the ethical rules of the
Olympic Movement. These concepts have not been fully clarified by the Greek
legislation, in any case not more than those defined in the Regulation of Sporting
Ethics. As a result, especially after the enforcement of law 2725/1999, the question
which has been raised is how these will be applied in practice and what kind of
dilemmas they will pose to both the Sports Judge and the Council of State when
called upon to review these concepts.
Despite the noble character of those ethical principles, the admission in the Greek
legal order of vague concepts, which impose sanctions, cannot be accepted. These
principles will either be legislatively specified, or else they will be judged vague and
de dopage, Gaz. pal, 1977.2., Doct, 450, Panagiotopoulos D.P., Sports Ethics and
participation in sporting activity (In Greek), in Dioikitiki Diki , 1994, pp. 539 ff.
S. Malatos A., The judicial review of the disciplinary authority in sport (In Greek), ,
1987, pp. 1497 ff.
71

72

Inter alia, s. Council of State, nos. 1691/1981, 816/1993, 1062/1993, 579/1993, 3288/1992,
3288/1992.

72

inapplicable. If the Chivalric rules in the medieval tournois (tournaments) aimed at

avoiding the killing of the participant knights, nowadays the ethical rules of sports
seem to be void of significance in sports events, save in case they can be defined and
specified.
Other countries case law does not ignore the phenomenon of disciplinary
jurisdiction of sports associations, on the basis of rules and principles concerning
exclusively the sports movement. It is characteristic that courts review the
jurisdiction of sports associations with reference to the application of basic
principles, such as the principle of proportionality and the principle of equality,
especially when sport is viewed as a public service74.
The rule of law and the fair play
Equally vague as well as important, the principle of fair play has been introduced to
the Greek vocabulary in view of the Olympic organization of 2004, in a way that
allows of an initial approach, if not as to its legislative capacity, at least as to the
meaning that it lends to the interpretation of the law76.
If fair play is the cornerstone of the Olympic Movement, a concept of equivalent
significance for law is the principle of the rule of law77. Being aware of the boldness
of such a comparison, we could say that in the field of state action, the principle of
the rule of law could be viewed as the expression of the principle of fair play.
However, the latter does not seem to fit in the structured state legal order. The
S. case law of the Conseil d tat and especially the judgements C.E. sect. 5/5/1995, M.
Burruchaga, C.E. sect. 15/7/1958, Marcussini, Leb. P. 456, C.E. sect. 16/3/1984, Moreteau,
Leb. P. 108 etc.
74

The term fair play has been rendered for the needs of the Act of Ministerial Council 72
25.11/13.12.1999 (Government Gazette 276 A), which approved the regulations of
procurements and of designs-services of the Organizing Committee of the Olympic Games.
According to these regulations, the award of services and designs and the procurements will
be governed, among other things, by the principle of the realization of the Olympic ideal,
which is set out as follows:
A. Principle of materialization of the Olympic ideal
The Company, by the provisions of the present Regulation, guarantees the satisfaction of the
fundamental principles of the Olympic Charter and the actual expression of the Olympic
ideal, with a view to moral elevation by educating youth through sport, when this is practiced
without discriminations and in the spirit of Olympism, which requires mutual understanding
and a spirit of friendship and solidarity and the respect of fair play.
76

S. among others, Despotopoulos K., The meaning of the state of law (In Greek),
1975, pp. 577 ff., Manitakis A., State of law and the judicial review of the constitutional
consistency (In Greek), Sakkoulas, Thessaloniki, 1994, accompanied by analytic
bibliography, Miaille M., The state of law (In Greek), Paratiritis, 1983, Habermas J., On
Law and Democracy, Nea Synora- Livanis, 1994, Pavlopoulos P., The constitutional
establishment of the claim of annulement, a modern aspect of the state of law (In Greek),
Athens, 1982.
77

73

principle of fair play concerns individuals, not institutions78. Moreover, it concerns

games or sports, not subjects of law.
Extremely interesting as to the relation between the two principles is the case law of
the Swiss Federal Court, which has repeatedly ruled on the relation between rules of
games and rules of law. Obviously, that resulted from the increased interest of the
Swiss legal order in sports activity and from the fact that the Swiss law regulates
directly the relation of these rules, stating that the legal order aims at regulating
property or financial relations or relations bearing on the personality and not
relations bearing on games (rapports Ludiques), even if they concern sports of high
competitiveness. According to this principle, the rules of sport, even of top-level
sport, are rules concerning games and should not be adjudged by ordinary courts.
However, according to a different view, sports rules cannot be regarded as rules
concerning games, given the economic character of sport. As a result, they bear on
property relations and on relations associated with personality and are therefore
subject to the common law and submitted to the ordinary judge79.
The Swiss Federal Court asserted that the relation between sports rules and rules of
law is vague (floue), a position which was adopted due to the multiple purposes of
sports rules. Several among them are rules concerning games, in the strict sense, and
bear on technical issues, others bear on penalties imposed as part of sports activities,
whereas others have an organizational purpose. Lastly, there are rules concerning the
relations among sports organizations80. According to the Swiss Federal Court, the
latter are the most difficult to be designated. The judgment concludes that the nature
of the rules is conclusively adjudged by the court irrespective of whether sport is
amateur or professional. The rules of technical character should be regarded as sports
rules, whereas those that bear on the relation between individuals and organizations
have administrative-organizational character and constitute legal rules. In addition, as
legal rules are regarded those that bear on the personality of the concerned and on the
protection thereof81.
Sports rules, whether they are of technical or ethical nature, should be regarded as
rules relating to sport, providing they have technical character, even to the part they
78

A very interesting related issue is the problem with the Aborigines of Australia created on
the occasion of the 2000 Olympic Games and the general framework of the Olympic
organization. S. also, Le Monde Diplomatique- Kyriakatiki Eleftherotypia, 28/29 October
2000, Decoust M.,Behind the Olympics, the Avorignons lost dream.
79
S. the related judgement of the Swiss Federal Court of 27/3/1992 Kindle c./Federation
Motocycliste
Suisse
at
http://www.eurospider.ch/cgibin/ConvertDocCGI_BUGE3?buge_www_fre3:10&BGE_1
80

It should be noted that the judgments of the Swiss Federal Court contain extensive
reference to theory, which is of great assistance to the researcher.
81

S. the judgment of the Swiss Federal Court of 6/12/1994 Ligue Suisse de Hockey sur Glace
C/Dube
at
http://www.eurospider.ch/cgibin/ConvertDocCGI_BUGE3?buge_WWW_fre3:10&BGE_1.

74

are ethical. The principle of fair play, irrespective of the fact that it is mostly an
ethical principle, is necessarily linked with sports activities, as technical rules are. In
reality, ethical sports rules are nothing but sports rules of technical character. At
theory level, the relation between the rule of law82 and fair play cannot be considered
antithetical, nor can it be considered complementary. At hierarchy level, however, it
is clear that the principle of the rule of law supersedes ethical principles, regardless
of whether they are the expression of the highest ethics of European culture.
Any attempt to incorporate any of the two principles into the system of the other,
would lead to their neutralization. Only a dialectic and critical approach, which
would treat each principle within the system of values that it expresses, would bear
fruit, at least at theoretical level. In our opinion, the jurisdictional authorities should
every time rule on this issue in a rational way.

82

Venizelos E., Sport and State of Law, The limits of the legal deregulation and the return to
the Constitution(In Greek), , in the International conference on Sports law, University of
Athens, 11-13 December 1993 (published proceedings).

75

Chapter 4
The rules of the Olympic Movement and the state rules
A basic desire of the creators of the Olympic Movement was its institutional
autonomy. At that time the states had no interest in the amateur sport and remained
observers of the phenomenon which was developed at a club level.

The regulatory framework of the Olympics

The organizational structure of the sporting movement constituted a very powerful
original for the Olympic Movement which maintained its basic principles and
introduced its own rules regarding sporting matters.
The Olympic Organization is subject to a total of rules and statutes. The IOC is
responsible for the introduction of those rules. At this point it would be interesting to
approach the system of these rules which define the Olympic Movement. The
Olympic Charter is the fundamental source of the general regulatory framework of
the Olympic Movement.

The Olympic Movement

The Olympic Movement left its mark among the other movements of that period
mixing successfully elements of democratic and aristocratic perception. As
aristocratic, the Olympic Movement is subject to principles that do not tend to be met
in the masses, such as fair play, nor ever constituted a civil ideology. As democratic,
the Olympic Movement embraces with a global perspective the whole universe and
from the excellent composes the new order in its history. This composition, though,
comprises new individuals regardless of their origins or derivation. Indeed, it is
indicative of the Olympic Movement the creation of anonymous heroes in national
and international level via sport and not deadly wars. The Olympian became
gradually as the 20th century went by, the most important hero outside wars and was
promoted more that the politicians and the art stars in both national and international
level.

76

The semantic approach of the Olympic Movement72 takes place in the 2nd Chapter of
the Olympic Charter. The Olympic Movement is governed by the IOC, which
constitutes its supreme authority.
The IOC is competent to decide about the eligibly of being a member of the Olympic
Movement. The Olympic Movement comprises international federations, national
federations, NOCs, OCOGs, national unions, clubs and individuals that participate in
the above unions, especially athletes, referees and judges, coaches, sport technicians.
It also involves organizations and institutions that are recognized by the IOC. 73
Therefore, the Olympic Movement is a conjunction of institutions which are
recognized as eligible by the IOC which has an intense autonomy and legal selfdefinition.
Basic objective of the Olympic Movement is the promotion of the modern Olympism
which also constitutes its philosophical basis.74 Thus, it is all about a unity of
sporting institutions, which is acceptable according to the criteria of the IOC and has
the ability to promote the Olympic vision. The Olympic Movement constitutes,
therefore, a unification of the aforementioned total of the sporting institutions of
national and supranational nature. Their rules and principles are defined in a catalytic
way by the Olympic Movement rules and above all by the Olympic Charter.
It is reasonable a common philosophy to be required among the various institutions
that are spread throughout the five continents and among the individuals that
constitute these institutions. These institutions, though, are not exclusively of
associative nature. The Olympic movement comprises the athletes themselves, the
people who by any means are starring in this huge global concept. Athletes as natural
persons of course enjoy the human right to sport which is attributed to them by the
Olympic Charter but in all the other cases their role is totally governed by the
Olympic Charter.
The dialogue among the athletes, but also among the athletes and the states
constitutes the main problem among the regulatory systems of the IOC and the states.
On the one hand, the associative institutions are interested in guaranteeing the
freedom of association and freedom to enter into partnerships; on the other hand the
athletes are increasingly struggling for their civil rights.
The Olympic Charter clearly mentions that the goal of the Olympic movement is the
creation of a peaceful and better world through the youth education via sport, which
is exercised without any form of discrimination and according to the Olympic spirit,
The term movement traces back to the French term mouvement, which was very familiar
at the ends of the 19th century for pointing out the kinetic character of the ideas. The term
remained up to date in the 20th century as well, especially in the politics dialect.
72

73

Olympic Charter, article 3

74

Olympic Charter, fundamental principles of Olympism

77

which required mutual understanding with a spirit of friendship, solidarity and fair
play.
The philosophy of the Olympic movement should be in particular approached
keeping in mind the extraordinary/particular timing that it was first emerged. At the
sunset of the 19th century, a period that the different kinds of political and ideological
movements had reached their peak, the Olympic Movement successfully combined
element of aristocratic thinking with democratic principles, as has been mentioned
above. During this process the derivation and the origins do not matter at all and a
constant possibility of rejuvenation is noticed.
In this way, the absolute combination of the aristocratic and the democratic ideology
is achieved, that is not materialized by the traditional methods though. This
combination manifested itself by the application of the social contract principle or
absolute freedom to contract and at the same time a huge emphasis is attached on the
human body and the progress of the individuals though their effort. Consequently,
the Olympic movement constitutes an expression of the powers of progress that are
also interested in the maintenance of principles. The emphasis on the body and the
gentlemen principles constitute a historical promotion of the British educational
model. At this point, the influence of civil principles of the Enlightenment is also
identifiable. The same principles are adopted by the UN, as has been acknowledged
above pertaining the truce regulation.

Olympism
Olympism is the ideological basis of the Olympic Charter as well as its theoretical
background. As a concept it refers to the content of the fundamental principles of the
Olympic Charter and constitutes a philosophy of life that stresses and involves in a
balance total the virtues of the body, the will and the spirit. The Olympism with the
combination of the sport and culture as well as the education, aims at creating a way
of life based on the joy of the effort, the educational value of the good example, and
the respect of the global fundamental moral principles.
As a cosmic theory, Olympism, is based on the position that sport educates the fair
play to people through the respect of the rules of playing the game, the honorary
acceptance of the defeated and the respect of the winner. Via this process, any kind
of linguistic or cultural barriers are lifted, just like the national, religious and racial
limitations and simultaneously links among the people from all over the world are
created, that promote the world peace. Thus, high ideals are promoted without any
kind of discrimination or limitation. This philosophical approach is stamped on the
Olympic Charter in detail. The Olympic Movement is governed by the Olympic
Charter that has to treat with respect anyone that claims to be a member of the
Olympic Movement. It is the Olympic Charter that regulates the Olympic Games and
its acceptance is necessary for the undertaking of the organization of the Olympics
by each hosting city. The observance of the Olympic Charter rules is secured by a
78

private law contract that is institutionally provided by it. Every city that undertakes
to host the Olympic Games accepts to act being based on the principle of fair play
and Olympism in general. By all odds it is a plan that tries to change the form of the
world thought a contractual commitment of the cities and, further, the legislations of
the states that house them.
Of course, this change may never be totally materialized, despite the fact that many
cities and legal orders accepted the Olympism. It is certain though that the Olympic
Movement shows up to a great extent the way as regards the very important
overthrow that seeks to introduce at a legal level.
In the Greek Legal order the provision that has existed since 1955 pertaining to the
control of sporting morals by the Committee of Athletic Spirit was an expression of
Olympism. This Committee introduced the concept of the sporting fun and the
principles of Olympism, imposing severe penalties on the violators.
The Greek legal order seems to respect particularly any reference to the Olympism
and to deprecate any possibly underestimation of it, as by the judgment 4855/1998 of
the Council of State, a debasement of a students behavior was approved because
when having been asked to write an essay about the Olympism, she preferred to write
any essay about a school excursion instead.
By a recent law in 2005 a public service named Authority of Olympism was founded
in Greece.75

The Olympic Charter

The Olympic Charter76 is the constitutional charter of the Olympic Movement. The
IOC defines with a text which is quite similar to a constitution as far as its structure
is concerned the fundamental rules that are committing for both itself and the total of
the Olympic Movement. Its structure comprises the fundamental principles, the rules
and the amendments that the IOC adopts. Special chapters regulate matters that
concern the Olympic movement, the IOC, the Ifs, the NOCs and finally the Olympic
Games. It has to be noted here that it is a very concise and simultaneously clear text.
In respect of its organizational part, the content of the Olympic Charter is consistent,
as one could expect, with the associative nature of sport. However, in respect of the
part that comprises some ideological elements there is a very clear similarity to a
manifest of ideals or principles. These principles were gradually enriched and
expanded from the initial educational ideals of De Coubertin to cultural references
and environmental aspirations. It is quite impressive that a document issued by a
Swiss private corporation has assumed all the features of an international treaty. The
75

Greek law 3342/2005: sustainable development, social utilization of the Olympic

departments, permissions policy, functions-composition, organization and function of the
General Secretariat of the Olympic Utilization, article 29
76

The full text of the Olympic Chartyer

www.olympic.org/ioc/e/facts/charter_noc_e.html

79

can

be

found

in

the

website

Olympic Charter is a universal text, not because of its legal nature but rather because
of an extra legal aspect-its moral authority based on the social, economic and
sporting significance of the Olympic Games. It is binding to the parties that it is
addressed to, which comprise the entire Olympic community (individuals, Ifs,
NOCs.)77
Nowadays, within the framework of the Olympic Charter, certain principles are
applied, such as the sustainable development, the tolerance, the international peace
and friendship of people, the truce, a vision for education and culture. As regards this
part, the Olympic Charter possibly meets or collides with certain fundamental
constitutional provisions of states or international treaties or the EU, as we have
already ascertained. Thus, inevitably the issue of the relation of these rules with the
national jurisdictions is raised; not anymore at a level of rules of associative nature
but at a level of rules of constitutional content.78
Also, the Olympic Charter comprises now provisions with economic expansions,
such as the regime of sponsorship, the athletes rights etc. At this aspect the
associative, non-profit character of the Olympic phenomenon encounters the
principles of the economic freedom and freedom of transactions and it is inevitably
bended.
So, reasonable as it is, doubt has been cast on the autonomy of the regulatory
framework of the Olympic Games. Characteristic examples, such as the prohibition
on discrimination on the grounds of nationality, the transfer system of sportspersons,
the right of free provision of services, can be detected within the framework of the
EU rules. A fact of particular institutional interest is that along with each host city,
the respective states themselves are committed for the respect and the acceptance of
the Olympic Charter according to the Olympic Movement concept. Being a text
based on the principle of the freedom of contracts, which constituted a basic claim at
the ends of the 19th century, the host city contract provides principles that not only
the members of the Olympic movement have to accept and adhere to but also the
national states. At this point the freedom of contracts and the right to enter into a
contract encounters the principle of the state of law, as long as a private law contract
interferes in fundamental issues of a state.
The Olympic Games
The Olympic Games are entrusted by the IOC to a city, which is elected as the host
city of the Olympic Games (article 33 par. 2). Only a city that has been approved by
77

Mestre A., The legal basis of the Olympic Charter , in World Sports Law Report,
November 2007
78

See below for the composition and the opposition between the Olympic movement rules
and the European Community law

80

the NOC of its country can be accepted as an applicant city (bye-law to rule 34).
Also, the national governments are committed to abide by the Olympic Charter, if a
city within its territory undertakes to host the Olympics (article 34 par.3). The city
that has been elected to host the Olympics as well as the NOC of the respective
country enter into a written agreement with the IOC (bye-law to rule 34, 3.3.). The
Olympics are organized only under these circumstances, with a certain ideological
dressing and are governed exclusively by the Olympic Charter and at a certain time
(at this point the term Olympiad slips into this context. According to Bye-Law to
Rule 6, an Olympiad is a period of four consecutive calendar years, beginning on the
first of January of the first year and ending on the thirty-first of December of the 4th
year) under the exclusive control of the IOC (article 6 and 7). More specific
provisions about the Olympic Games are provided by the article 33-45. It has to be
pointed out that, as the Olympic Charter clearly mentions (article 6), the Games are
competitions between athletes in individual or team events and not between
countries. This clarification is particularly essential as regards the nature of the
Olympic Games that keep clear distance from the states at every level. Therefore, it
would be totally wrong to perceive the Olympics as being a mere sporting event. The
Olympics, as regard their concept and execution constitute an important ideological
and political interference in the world history aiming at the reformation of the destine
of the humanity. For this reason, the every-four-year contractual commitment of
cities and states is invoked in order for them to have a certain role and to formulate
their regime in the framework of the volition of the Olympic Movement. The
Olympic Games undertake according to the Olympic Charter a role of social
reformer through the freedom of contracts.

The International Olympic Committee (IOC)

The International Olympic Committee was founded in Paris with a legal personality,
on the 23rd June 1894 and its headquarters was transferred in Lausanne in 1921.79
The IOC is recognized by the Olympic Charter and is one of the parties in the host
city contract. Its role is established by the Olympic Charter where it is clearly
mentioned that governs Olympism and it is its supreme authority. According to
article 15 of the Olympic Charter, the IOC is an international non-governmental nonprofit organization of unlimited duration, in the form of an association with the status
of a legal person, recognized by the Swiss federal Council in accordance with the
status of a legal person, recognized by the Swiss Federal Council in accordance with
an agreement entered into on 1 November 2000. It comprises as members only
natural persons and its headquarters is in Lausanne (article 16). Therefore, the IOC

79

General information about the IOC in the official website of the IOC: www.olympic.org/

81

constitutes a Swiss Law association, which enjoys exceptional privileges under the
Swiss Law.80
The IOC is recognized by the EU and by other international organizations. Its regime
is regulated by the articles 15-25 of the Olympic Charter. The IOC regardless of the
prestige that has acquired due to historical reasons is nothing more than a association
of the Swiss Law with some privileges that the Swiss Law has granted to it. These
privileges, though, do not alter its legal status. It is very interesting that for many
years the IOC did not want to have a legal personality and to be subject to law.
Simultaneously it is also very interesting that the IOC take measures in order for
each OCOG to have a legal personality (there is a provision in the Olympic Charterbye-law to rule 36, par.1).
When the Olympics were assigned to Athens in 1997, Juan Antonio Samaranch was
the president of the IOC and, since 2001, Jacques Rogges.
The IOC governs the contractual relations developed in every Olympic organization.
Also, the IOC attaches great importance to the athletes, the heroes of the Games. For
this reason it has undertaken the following missions. In 1981 it founded the athletic
committee which among its other competencies participates in the selection of the
host city and meets with the Council of the IOC at least once per year and it submits
recommendations.
It also undertakes various medical researches during the Olympics for the treatment
or the prevention of injuries.
In 1983 the IOC founded the Court of Arbitration for Sports, which was rendered
fully independent in 1993. It is an international court that deals with legal matters
that concern the athletes.
Moreover, in 1999 it founded the World Anti-Doping Agency (WADA) for the
control of the doping and the protection of the athletes health. The WADA is
independent but the IOC pays huge amounts of money for its foundation and
maintenance.81

The International Federations (IFs)

Aiming at embracing the whole athletic phenomenon, the Olympic Charter
recognizes the international sporting federations placing in this way the members of
the international sporting movements among its action. In this way it renders itself
the absolute/supreme rule(r).

80

Lapouble J.C., Droit du sport, ellipses, 2006, p.15, Paurot S. et M., Le sport et la loi, juris
associations, 2004, p.39
81
www.olympic.org/uk/organization/missions/athletes_uk.asp

82

The competence, the role and the recognition of the Ifs is regulated by the articles
26-27 of the Olympic Charter. It also made clear that, because of the requirement of
their recognition, the Ifs in order to keep their autonomy and independence should
make sure that their statutes, practices and activities are consistent with the Olympic
Charter.
Through the control and the recognition of the international federations, the Olympic
Charter succeeds in spreading its rules with essential effectiveness and the leading
role of the IOC without being limited, though, to the Ifs.

The National Olympic Committees (NOCs)

At a national level, National Committees, members of the Olympic Movement are
created with the objective of the promotion of the Olympic Movement in the
countries that they belong according to the Olympic Charter. They constitute the IOC
representatives in their country.82 Among their competences, according to the
articles 28-29, they have the exclusive authority to select and designate the city
which may apply to organize Olympic Games in their respective countries.83 Also,
the NOC is one of the parties that enter into the host city contract84 and is severally
and jointly liable along with the host city and the OCOG for the organization and the
staging of the Games.85 According to article 28 of the OC, their mission involves the
promotion of the fundamental principles of Olympism in their countries, the
assurance and observance of the Olympic Charter, the encouragement and
development of high performance sport and sport for all, the organizations of
courses, the prevention of discrimination and violence in sport and the adoption and
implementation of the World Anti-Doping Code.
It should be also highlighted that, according to the Charter, the NOCs are obliged to
preserve their autonomy and to resist all pressures of any kind, including political,
religious or economic pressures which could refrain them from abiding by the
Olympic Charter.86 In case the constitution or legislation in force of a country
hampers the autonomy of its NOC, the IOC executive board, apart from the other

82

Malatos A., Lessons of Sport Law (In Greek), Ant.N.Sakkoulas, Athens-Komotini 2005,
p.59, Silance Luc, The Legal Statues of the International Olympic Committee and the
National Olympic Committees, In OARe, pp.119-139
83

Olympic Charter, article 29 paragraph 4.

84

Bye-law to rule 34

85

article 37
article 28 paragraph 6

86

83

sanctions provided by the Charter may suspend or withdraw the recognition from
that NOC.87
Therefore, it is obvious that the autonomy of the NOCs is of pivotal importance.
In the vast majority of the states the NOCs constitute a legal person of private law. In
the framework of the Greek law, the Hellenic Olympic Committee is recognized as a
legal person of public law called Olympic Games Committee and it is ruled by the
provisions of the laws 3148/1955, 2725/1999 and the president decision 130/2000.

The Host City Contract and Olympic Games-the penetration of the Olympic
Movement Rules in the national legal orders
Once a city has been elected by the IOC to host the Olympics under the procedure
provided by Article 34 of the Charter, it has to enter into a complicated written
agreement (host city contract) with the IOC.88 The agreement has to be signed by
three parties: the IOC, the organizing city and the NOC of the country. The
agreement is executed immediately by the parties. This contract is the basic nexus
that connects the IOC with the government of the organizing city. It is explicitly
mentioned in the contract that the IOC relinquishes its rights over the organization of
the Olympics to the organizing city. It should be mentioned that the NOC and the
city have no right to negotiate about the terms of the contract. The contract is on the
basis of take it or leave it. Of course, this can be considered to be of ambiguous
legality in many jurisdictions. However, up to now jurisdictions seem to show
tolerance and respect to the special character of the Games and have not challenged
this contract. According to the contract, the Organizing Committee of the Olympic
Games (OCOG)89, the NOC and the host city are jointly and severally liable for all
commitments entered into individually or collectively concerning the organization
and staging of the Olympic Games.90 The contract is committing for the government
of the organizing state. This is achieved by an attached statement in the contract by
the responsible minister of sport matters of the respective state which guarantees the
execution of the contract and the respect of the Olympic Charter. In fact, the
guarantee is usually required by the contract.91 Consequently the respect of the
Olympic Charter becomes a private law contractual obligation for the organizing
states. The violation of the Olympic Charter leads to consequences which can reach
87

article 29 paragraph 9

88

Bye-Law to Rule 34 par.3.3.

Olympic charter, article 36.

89

90

Olympc charter, article 37.

91

Athens 2004 host city contract, article 52 a ii.

84

even the termination of the contract. It is interesting that this contract which commits
the private unions which constitute the Olympic movement ends up with committing
states, since the competent ministers guarantee the respect of the contract and the
Olympic charter. This maneuver of the IOC succeeds in making states and private
institutions be obliged to follow rules that it (the IOC) establishes, follows or adopts.
These rules comprise the respect of the Agenda 21 rules 92, the fair play principle, the
tolerance etc.
The host city contract contains quite wide provisions for many areas. It aims at the
security of the protection of the Olympic insignia, it provides a thorough marketing
program, under which every management or contract agreement is subject to the
consent of the IOC. In respect of the sponsorship agreements, it should be mentioned
that they are divided in two categories: the international sponsors who are selected by
the IOC and the city is obliged to enter into a contract with them and the national
sponsors who are selected by the OCOG but they are subject to the IOCs consent.93
There are also intricate provisions about the distribution of the profits derived from
any activity relevant to the Olympics. There are also provisions about the Olympic
village and its standards, the hospitality of the press and the Olympic family, the
prerequisites for the entrance in the country94 and even about the control of the hotel
prizes. From the host city contract it can be derived that Olympic Games are an
absolute property of IOC and through this contract it tries to secure its financial
rights.95
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
The exercise of power by a contract is something especially popular in modern legal
thought66. The Olympic Movement has adopted the contractual action as an
92

IOC, Commission on Sport and Environment. June 1999, Building a positive

Environmental legacy through the Olympic Games, in IOC Database, where the IOC attitude
towards the agenda 21 is analyzed. Also, in the Introduction of the Athens 2004 host city
contract
93

Giannopoulos, Olympic Games as a field of contractual relationships development, in

Olympic Games and Law, Ant.N.Sakkoulas Publications, Athens, 2003.
94
This is quite important in the case of Athens since the deposed king Konstantinos of Greece
is an IOC member and there were certain problems as regards his passport
95

Koutroulis V., The Host City Contract, in Applications of Public Law, (Efarmoges
Dimosiou Dikaiou-in Greek) 2003.
66

Among others, s. Gaudin J.P., Gouverner par contrat, Presses de Sciences Po, 1999,
Chevallier J., Vers un droit post-moderne? Les transformations de la rgulation juridique,
Colloque CREDECO, Aprs la rglementation les nouvelles formes de rgulation, rono,
1991, Commaille J., Jobert B., Les mtamorphoses de la rgulation politique, Paris,
L.G.D.J., 1999, Dahe R., Who Governs? New Haven, Yale University Press, 1961, Gerard

85

implementation of the theory of the social contract67 and has created the conditions to
advance dialogue with the states, although it had never had direct contractual relation
with them. In view of each Olympic organization, the Olympic Movement contracts
through the IOC with the Host City and the National Olympic Committee of the
country, where the Host City is found, as well as with a special and independent legal
person, the Organizing Committee of the Olympic Games. This contract is the Host
City Contract, which constitutes the principal frame of the Olympic Organization.
What is achieved or attempted through this agreement is the connection of the rules
of the Olympic Movement with the legal order of the country, where the Host City is
found.
Furthermore, this agreement acts as the tool, which will help materialize the vision of
the Olympic Movement. At the same time, however, it is an agreement with strong
economic character. It is an agreement about a plan, which the Host City is invited
to implement in a specified time. It is, therefore, an agreement of timely execution,
involving liability and multiple consequences.

The Host City Contract and the Olympic Charter

According to article 37.8 of the Olympic Charter, the elected city, which will receive
the Olympic Games must, immediately upon its election, enter into a contract with
the International Olympic Committee, which defines its responsibilities. Into that
same contract enters also the National Olympic Committee. Being consistent with
the protection of the freedom of the will, the IOC chooses to contract with the cities
as an expression of their autonomy and of the equal terms governing its relation with
them68.
A prerequisite for a city to be chosen as Host City is the commitment of the country,
in which the Host City is found, to respect the Olympic Charter guaranteeing for that
appositely. The Olympic Charter is a rule, which must be observed by any city that is
going to organize the Olympic Games. This is expressly defined, as a commitment,
for every Host City in the Contract that it enters into with the International Olympic
Committee for the undertaking of the Olympic Games. In this way, the Olympic

Ph., Ost F., Van de Kerchove M. (dir) Droit negoci, droit impos? Facult Universitaire
Saint-Louis, rono, 1996, Rhodes R., The New Governance: Governing without Government,
Political Studies, 4, 1996, Rosnau J., Czempliel E., Governance without Government: Order
and Change in the World, Cambridge, Cambridge University Press, 1992.
67

Rousseau J.J., Du contrat social, Flamarion, 1966.

Ranouil V., Lautonomie de la volont, naissance et volution dun concept, P.U.F., 1980,
accompanied by analytic bibliography. The principle of the autonomy of the will flourished in
the 19th century, a period which was characterized by the legal voluntarism.
68

86

Movement promotes its concept of the world through organized states and their legal
orders.
Every such contract includes all the terms and conditions, according to which the
Olympic Games will be staged by the Host City. The IOC, as the exclusive
beneficiary of the rights to the celebration of the Olympic Games (contracts refer to
IOC property), conveys that right, according to the terms of the Contract. Among the
rights of the IOC are, in particular, the rights of organization, exploitation, television
broadcasting, reproduction by any means whatsoever etc.
Through the Host City Contract, the IOC cedes to the OCOG and the National
Olympic Committee the following: a percentage of the television and radio
broadcasting rights related to the Olympic Games; a percentage on the tickets sales;
the right to use the Olympic symbols; participation to the profits from sales
promotion and medals; technological experience in information technology or
software; know-how through a Coordination Committee; participation to the rights of
the official film, and a percentage of any surplus resulting from the celebration of the
Games.
The Host City Contract has apparently an economic character and for that reason a
series of terms are laid down in order to secure rights of economic nature (e.g. the
Organizing Committee is prohibited from entering into contracts without the
approval of the IOC, etc.). In addition, it is expressly specified that the IOC is
exempted from any financial responsibility to damages (with the exception of willful
misconduct) that the other contracting parties have assumed against prejudiced third
parties.
A series of additional obligations is assumed by the Host City, the National
Committee and the Organizing Committee with regard to the organization of the
Games. To start with are the security of transportation, the protection of the
environment, security, health, entry formalities and required documents for that69, the
obligation to inform the IOC periodically etc.
There are special regulations concerning the Olympic Village and the standards
required, the accommodation of media representatives, the accommodation for the
Olympic family and spectators, even the price control of hotels and accommodation
services. Another unit of regulations concerns the organization and the program of
the Games, as well as the cultural programs, the ceremonies etc.
The Contract requires the securing of a series of legal requirements, such as the legal
protection of the Olympic symbols and indicia by state intervention (namely, through
enactment). The National Olympic Committee guarantees the existence of such law
69

This provision in the case of Greece takes on a particular importance due to the fact that a
member of the IOC is the former king Constantine and due to certain issues with regard to his
passport.

87

(which will be passed). This legal requirement is not the only one. As mentioned
before, the IOC requires the issue of entry in the country to be settled pursuant to the
Host City Contract. In view of the execution of the Contract, a guarantee is deposited
to the IOC, which is returned upon conclusion of the Games and the resolution of
any pending disputes.
Moreover, the Contract prescribes the terms of its termination, as well as the way of
dispute resolution through recourse to the Sports Court of Arbitration. Lastly, the
Contract is accompanied by analytic appendices.
The Host City Contract is the decisive bond that gives shape to the Olympic Games
in the sphere of positive law70. According to the Olympic Charter, the Host City
Contract is indispensable for responsibilities to be assumed with a view to staging the
Olympic Games and binds the International Olympic Committee and the Host City to
advance all necessary actions.
Through the Contract the Olympic Charter acquires the character of a contractual
obligation governed by the private law. As a result, the breach of its rules entails in
the first place contractual consequences, which can eventually lead to the termination
of the Host City Contract71.
Even if it starts as a statutory text by which are bound private law associations that
constitute the Olympic Movement, ultimately the Host City Contract, by means of
contract, promotes the Olympic Charter to an obligation that concerns states,
especially in so far as the responsible Ministers guarantee the respect of the Olympic
Charter by the states in which the different Host Cities are situated.
This inventive idea of the IOC accomplishes to create an original and paradoxical for
the law obligation to respect rules binding states and private organizations at the
same time, as well as local government organizations. Apart from the obligations
having a strictly associative nature, in those rules are also included the obligation to
respect the principles (as we will see further down) of Agenda 2172, the principle of
fair play73, of tolerance74 and other general organizational or ethical principles.
In the Host City Contract of Athens it is characteristically stated that: The IOChas
specifically relied (for entrusting the Games) upon the desire of the City and the National
Olympic Committee to become part of the Olympic tradition and history through the hosting
of the Games.
71
A related special mention in the Host City Contract of Athens: Whereas the IOC has taken
note of and has specifically relied upon the covenant given by the government (hereinafter the
Government) of the country in which the City and the NOC are situated (hereinafter the Host
Country) to respect the Olympic Charter.
70

72

See I.O.C., Commission on Sport and Environment, June 1999, Building a positive
Environmental Legacy through the Olympic Games, at the IOC database, where the position
of the IOC is analyzed with regard to the Agenda 21 and the environmental policy of the IOC,
as well as their binding character for the cities Lillehammer (1994), Atlanta (1996), Nagano
(1998), Sydney (2000), Salt lake City (2002), Athens (2004), Turin (2006). See, also, in the
Preamble of the Host City Contract of Athens: Whereas the City and the NOC acknowledge
and agree that the concern for the environment is an important consideration in conducting
their activities and undertake to consult with IOC on environmental issues, in addition to
complying with all applicable laws and regulations.

88

Irrespective of the intentions and historical dimension of this particular choice, the
position of the Olympic Charter cannot but be considered in the light of the national
laws of the states, where the Olympic Games are held and in the light of the way they
perceive public interest75,76 or sport as a public service77.
73

Directly from the Olympic Charter.

74

Directly from the Olympic Charter.

75

About public interest, s. among others Venizelos E., To Geniko Symferon kai oi
periorismoi ton syntagmatikon dikaiomaton, kritiki prosengisi ton taseon tis nomologias,
, Thessaloniki, 1990, accompanied by analytic bibliography, Dagtoglou P.,
Dimosio Symferon kai Syntagma, To 1986, pp. 425 ff. Sarmas I., I syntagmatiki kai
dioikitiki nomologia tou Symvouliou tis Epikrateias, 1994, 2nd ed., Ant. Sakkoulas, Truchet
D., Les fonctions de la notion d intrt gnral dans la jurisprudence du Conseil d tat,
L.G.D.J. 1977, accompanied by analytic French bibliography, Rangeon F., L idologie de l
intrt gnral, Economica, 1986, Chevalier J. (ed), Variations autour de l idologie de l
intrt gnral, V.12, P.U.F. 1979 and the classic, Linotte D., Recherches sur la notion de l
intrt gnral en droit administratif franais, Univ. De Bordeau I, Thse Polycopie 1975.
76

About the relation between sport and public interest, s. the judgement of the Council of
State (the Supreme Administrative Court), no. 4919/1988: From the combination of art.5,
par. 1 of the Constitution that safeguards the right to the free development of the personality
and art. 16, par. 9 of the Constitution that protects sport, it results that, in principle, the athlete
has freedom of choice as regards the sports association of his/her preference. Restrictions as
to the enrolments and transfers of athletes from one association to another can be imposed
only if they are justified by reasons that relate to the protection of sport or reasons of public
interest in general and that they are not disproportionate. However, when minor athletes are
concerned, who follow their parents in case of change of residence, the restrictions relating to
transfers of these athletes set by art. 8, par. 6 of the above ministerial decision are
disproportionate and violate art. 5, par. 1 and art. 21, par. 1 of the Constitution that protects
family and childhood. In addition, and in the measure that these provisions could be a
suspending factor for a minor athlete to practise sport, they violate art. 16, par. 9 of the
Constitution. The same spirit underlies the judgement of the Council of State, no. 963/1991,
according to which: Seeing that from the combination of art.5, par. 1 of the Constitution that
safeguards the right to the free development of the personality and art. 16, par. 9 of the
Constitution that protects sport, it results that, in principle, the athlete has freedom of choice
as regards the sports association of his/her preference. Restrictions as to the enrolments and
transfers of athletes from one association to another can be imposed only if they are justified
by reasons that relate to the protection of sport or reasons of public interest in general and that
they are not disproportionate (Council of State 4914/1988). However, in the case of athletes
who study at the University and are obliged to abandon the place of the sports association, in
which they are enrolled, in order to settle in the place of their studies, the aforementioned
restrictions relating to transfers of those athletes imposed by the provisions of art. 8,par. 5 of
the above ministerial decision, are disproportionate, because they hinder materially the right
to education and the free development of personality. Therefore, they violate art. 5, par. 1 of
the Constitution, on the one hand, and art. 16, par. 2 and 4 of the Constitution, on the other
hand, which protects the right to education. In addition, and in the measure that these
provisions could be a suspending factor for a student athlete to practise sport, they violate art.
16, par. 9 of the Constitution.
77

About the public service of sport, s. in French theory mostly Brichet R., Dans quelle
mesure les associations sportives et de jeunesse participent-elles lexcution dun service

89

Besides, the Host City Contract is a contract referring to economic quantities, rights
and obligations and obviously concerns a serious and significant transaction of
economic nature. This focuses, in particular, on the broadcasting and television
rights, as well as on the rights of commercial exploitation of the symbols. It may also
probably refer to the profits gained by the celebration of the Games.
Nevertheless, apart from its economic and strictly regulative content, the Contract
requires from the Host City to promote Olympism.
The promotion of Olympism through contracts with the IOC is a typical case of
creation of rules of law without the direct participation of the state78, something
which is especially familiar to the Anglo-Saxon system.
One could therefore assume that the Contracts entered into by the IOC and the Host
Cities are the formers ramifications for the promotion of Olympism all around the
world. A fundamental admission for these Contracts to take effect is the full
acknowledgement of the freedom to contract on every issue and without limitations.
The contracting parties are private individuals or local government organizations that
assume responsibilities relating to state action, at least according to the historical
admissions of the 19th and 20th century.

Dispute Resolution-Establishment of a separate court

The sporting movement is very interested in securing its submission in a special
jurisdiction, the one of the sport judge. This choice indicates the wish for autonomy
of the sporting movement and allows to the sport system of rules to be placed among
dispute resolution framework that they deserve. The Olympic movement has
proceeded to a similar choice.
The resolution of disputes which arise in relation to the Olympic Games are resolved
exclusively by the Court of Arbitration for Sports 96, as the Code of Sport arbitration
imposes.97 This Court is also competent for the contractual relations of the IOC with
the host cities. Therefore, its competence is very wide and concerns both the
organization of the Games and the IOC relations with the hosting city. Indeed, its
competence comprises matters of economic and political nature.
public? Mel. R.E. Charlier, Service public et liberts, Ed. de luniversit et de lenseignement
moderne, 1981, p. 371, Plouvin J.Y., La reconnaissance par le juge administratif dun service
public administratif du sport, JCP, 1975, I, 2724. S. also above footnotes and references to
related French case law.
Cohen- Tanugi L., Le droit sans ltat, Sur la dmocratie en France et en Amerique,
P.U.F., 1985.
78

96

analytically for this court: www.tas-cas.org, 8.1.2009

97

article 74

90

Thus, the Olympic movement keeps its autonomy in the field of the dispute
resolution as well. Indeed, it could be stated that it embodies the distinction of
powers in the sporting system of rules. Also, it seeks for a constitutional coherence
that differs from the one of the states and interacts with the state legal orders by the
host city contract that joins in every organization98.
The Court of Arbitration for Sports ( C. A. S. )
History
In 1981, soon after his election as a president of the IOC Juan Antonio Samaranch
came up with the idea of creating a sports-specific jurisdiction which could offer a
flexible, quick and inexpensive procedure. The CAS officially came into force on the
30 June 1984. Mr Mbaye was appointed as its president and Mr Schwaar as its
secretary general.99 It is competent to deal with disputes directly or indirectly related
to sport,100 including commercial issues, for instance a dispute over a sponsorship
contract.101
ICAS
Since the IOC, the founder of CAS, was often one of the dispute parties, doubt has
been cast on the independence of CAS. In 1992 Elmar Gunder102 challenged its
legality under Swiss law, since it could not be considered to be an independent and
impartial arbitration court. The Swiss Federal Court rejected the appeal and ruled that
CAS was a true court of arbitration. However, it stated that there might be an issue
when the IOC was a party since it was able to modify the CAS statutes. For this
reason in June 1993 the IOC decided to establish a Supreme Council for International
Arbitration for Sports (ICAS), whose aim was to render CAS completely
independent of the IOC.103 The creation of the ICAS and the new structure of the
98

Garielle Kaufmann-Kohler, Arbitration at the Olympics : Issues of Fast-Track Dispute

Resolution and Sports Law 2001 Kluwer Law International, c2001
99
www.tas-cas.org, 12.1.2009
100

Code of Court for Arbitration for Sports, s12

101

More about the history of CAS in Blackshaw I., An International forum of settling disputes
effectively, within the family of sport, in Entertainment and Sports Law Journal, Vol.2, No.2,
Summer 2003, pp61-83, also in http://www2.warwick.ac.uk/fac/soc/law/elj/eslj
102

Elmal Gundel was a horse rider and in February 1992 he lodged an appeal with the CAS
on the basis of an arbitration clause in the FEI statutes. The appeal challenged a FIA decision
that disqualified the rider on the grounds of having violated the doping regulation. Even
though the CAS partly vindicated him (the suspension was reduced) Gundel filed an appeal
with the Swiss Federal Tribunal, claiming that the Cas was not meeting the conditions of
impartiality and independence.
103

Panagiotopoulos D., Sports Law- A European Dimension, Ant.Sakkoulas Publishers,

Athens-Komotini 2003, p.126

91

CAS were approved in Paris in June 1994, with the signing of the Paris agreement.
Subsequently, since 1994, CAS is administered and financed by ICAS. However,
even under these circumstances CAS is indirectly connected with the IOC, since IOC
is competent to appoint four members of the ICAS104 and its president is proposed by
the IOC.105 In fact the current structure was challenged before the Swiss Federal
Tribunal as well. In 2000 the Romanian gymnast Andrea Raducan that she had been
deprived of one of the two gold medals that she won in Sydney appealed before the
Swiss Federal Court against a CAS award. However the lattest dismissed the appeal
without dealing with the issue of the independence of the restructured CAS. Also, in
May 2003, The Swiss Federal Tribunal evaluated the independence of the CAS
intrically, after the appeal of two Russians country-skiers who were disqualified from
the Sort Lake City Olympics. The Court held that the CAS was not the vassal of the
IOC and was sufficiently independent on it. Indeed, the Court held that the
decisions of the CAS were to be considered to be true awards, comparable to the
judgments of a state tribunal.106 107

Composition and formation- arbitration agreement- competency- decisions

CAS is governed by a set of statutes which determine the composition, the formation,
the competency and the applicable law of the court Mission of the CAS is to resolve
by arbitration and/or mediation disputes arising within the field of sport.108
CAS has two divisions: a) the ordinary division, which deals with commercial
disputes and b) the appeals division, whose task is to resolve disputes concerning the
decisions of federations, associations or other sport-related bodies.109 There is also a
separate procedure- the consultation procedure- for issuing opinions without a

104

Code of Court Arbitration for Sport S 4c, four of its members are appointed by the IOC,
chosen within or outside its membership. These members are co-competent to appoint other
members of the ICAS too. (S4d, e)
105

S6 par.2

106

www.tas-cas.org, 9.1.2009

107

Ian S. Blackshaw, Mediating Sports Disputes : National and International Perspectives

(2002) Kluwer Law International, 2002, Garielle Kaufmann-Kohler, Arbitration at the
Olympics : Issues of Fast-Track Dispute Resolution and Sports Law 2001 Kluwer Law
International, c2001

108

Code of Court Arbitration for Sport, s.12

109

s20

92

binding character. Since 1999, CAS offers a mediation procedure110, which is limited
to the ordinary division cases. Until June, 2006, only 12 cases were submitted to
CAS mediation and only 4 of these led to a successful settlement.111
The competency of the Court is limited to non-technical issues, that is, the issues
which are purely sport matters which are associated with the rules of the game (e.g.
CAS OG 04/009, OG96/006, Digest Vol.1.).112 Its decisions are final and binding on
the parties from the time it is communicated to them and can be enforced in
accordance with the provisions of the Convention of New York 1958.
The arbitrators of the CAS are designated by the ICAS, following the required by the
S14 distribution. The personalities which are in the arbitrators list should be all
specialists in arbitration and sports law.113 Also, according to the Code the CAS
arbitrators are burden with a duty of confidentiality. 114
CAS has its headquarters in Lausanne but it can be transferred to another place, out
of Lausanne, upon the request of one of the litigants or both of them.115. The CAS
110

s.20, Mediation is a voluntary, non-binding, without prejudice process that uses a neutral
third party (mediator) to help the parties in a dispute to reach a mutually agreed settlement
without having to appeal to a court. Its main difference from litigation and arbitration is that
its decision is not imposed on the parties. If mediation is not successful, the parties keep the
right to resort to a court or arbitration.
Its speed makes mediation really effective in sports disputes. Its confidentiality and its
without prejudice character as well as the fact that it can lead to the avoidance of the timeconsuming and expensive procedure of traditional litigation, all make mediation very
attractive.
However, mediation is not always effective. It can work only if both sides are willing and
determined to find a solution and reach a settlement. Otherwise, no matter how efficient the
mediator might be, mediation is not going to succeed and resort to court seems unavoidable.
Besides, parties cannot be always trusted. Even if a settlement is reached by mediation, one
party could still appeal to courts, having the advantage of being aware of the other sides
information. Of course, in mediation each party is completely in control of the information
revealed, which is definitely an advantage. But what happens if one party has wrongly trusted
the other party?
The Code of Court Arbitration for Sport comprises the CAS mediation rules which regulate
the commencement, the conduct and the termination of the CAS mediation. (more
analytically in Blackshaw I., An International forum of settling disputes effectively, within
the family of sport, in Entertainment and Sports Law Journal, Vol.2, No.2, Summer 2003,
pp61-83, also in ) http://www2.warwick.ac.uk/fac/soc/law/elj/eslj
111

Dedes P., Zaglis A., The Court of Arbitration for Sport, Nomiki Vivliothiki Publishers
Athens 2006, p.46
Ken Foster, Lex Sportiva and Lex Lucida:The Court of Arbitration for Sports
Jurisprudence, in in Entertainment and Sports Law Journal, ISSN 1748-944X. January 2006,
http://www2.warwick.ac.uk/fac/soc/law/elj/eslj
112

113

s13

114

S19

115

R28

93

working languages are English and French. The parties have the right to choose
another language provided that the arbitration panel agrees.116
Proceedings before CAS are commenced by filing a written request for arbitration or
a statement of appeal.117
For every case brought to CAS, a hearing Committee is established, that is a group of
three arbitrators118, selected from among its members. The litigant parties play a
determinant role in the selection. Once the panel is formed, the Court office takes
notice of the formation and transfers the file to arbitrators. The procedure before the
panel comprises written submissions and, if the Panel considers it appropriate, an
oral hearing.119 There are also special provisions about the procedure in the appeal
arbitration. Each hearing committee has to reach a decision, within six months,
starting from the day of signature or the arbitration agreement. The arbitration
agreement includes the drawing up and signing of a document where the litigant
parties indicate their wish to submit their litigation to the arbitration of CAS. It
comprises the selection of the arbitrators.
An arbitral award rendered by the CAS is final and binding on the parties from the
time it is communicated to them. Like any other international arbitral award, it can
be enforced according to the usual rules of private International law and, in
particular, in accordance with the provisions of the New York Convention on the
Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958. The
status of the CAS is also recognized under the European Convention on the
Recognition of the Legal Personality of International Non-Governmental
organizations. Under exceptional circumstances, if a party is dissatisfied with a CAS
award, it is possible to challenge the award in Switzerland, where the CAS has its
seat, but only in the limited circumstances provided under article 190(2) of the Swiss
Federal Code on Private International Law of 18 December 1987:
if a sole arbitrator was designated irregularly or the arbitral tribunal was
constituted irregularly;
if the arbitral tribunal erroneously held that it had or did not have jurisdiction;
if the arbitral tribunal ruled on matters beyond the claims submitted to it or if it
failed to rule on one of the claims;
if the equality of the parties or their right to be heard in adversarial proceeding
was not respected;

116

R29

117

R27, Panagiotopoulos, Sports Law, A European Dimension, Ant.N.Sakkoulas Publishers,

Athens-Komotini, 2003, p.126
118
119

R40
R44.1

94

if the award is incompatible with Swiss public policy.120

Even though CAS arbitrators are not generally obliged to follow earlier decisions or
obey a binding legal precedent, they often do so, contributing in this way to the
creation of a very useful body of sports law121, often characterized as lex sportiva.
ad hoc section (ADH)
If speed is necessary for disputes resolution is sport in general, it seems to be more
than indispensable when disputes emerge during world events, such as the Olympic
Games. In 1995 the IOC, ICAS and CAS decided that during the Atlanta Olympics
an ad hoc section of CAS should be there in order to face immediate potent disputes.
So, in Olympic Games and World Cups there is an ad hoc section of the CAS,
competent to deal with disputes arising during the Games.122 The ad hoc section is
competent to deal with disputes arising in the course of the Games or during a period
of ten days preceding the opening ceremony of the Games. 123 ADH decisions are
supposed to be rendered within 24 hours of the request of the arbitration being
filed.124 The required speed is also succeeded by further measures such as the
following ones: notices can be given by fax, telephone or email 125, the parties do not
participate in the constitution of the panel126, there are no written pleadings except
for the request for arbitration, which is itself a standard form;127 only one hearing is
organized128 and the operative part of the decision ( dispositif ) can be
communicated to the parties before the reasons129.130
120

Gardiner, 2005, p.243, Blackshaw I., An International forum of settling disputes

effectively, within the family of sport, in Entertainment and Sports Law Journal, Vol.2, No.2,
Summer 2003, pp61-83, also in ) http://www2.warwick.ac.uk/fac/soc/law/elj/eslj
121
Blackshaw, op cit, Foster K., Lex Sportiva and Lex Sportiva:The Court of Arbitration for
Sports Jurisprudence, in Entertainment and Sports Law Journal, ISSN 1748-944X. January
2006, http://www2.warwick.ac.uk/fac/soc/law/elj/eslj
122

Dedes, Zaglis, p.17

123

Arbitration Rules for the Olympic Games, ar.1, Malatos A., Sports Law Lesson,
Ant.N.Sakkoulas Publications, Athens-Komotini 2005, p.308
124

Arbitration Rules for the Olympic Games, ar. 18

125

arbitration rules for the Olympic games, ar.9(a)

126

Arbitration Rules for the Olympic Games, ar.11

127

Arbitration Rules for the Olympic Games, article 10 and 15, Schreuer, The ICSID
convention: A commentary, Cambridge 2001, p.893
128

Arbitration Rules for the Olympic Games, ar.15

129

Arbitration Rules for the Olympic Games, ar. 19

95

Now, in order to take part in the Games, all athletes are required to sign a form
which includes the express and exclusive submission of all disputes to CAS. This is a
condition, whose validity is really ambiguous. However, beyond that, the existence
of the AHD is considered to be really profitable for the required speed and stability
in sport and has definitely marked the beginning of a new era in sport law.

CAS and ECHR

As it has already been mentioned, speed in dispute resolution in sports is more than
vital. On the other hand the respect to the human rights requires some slow down.
This unbelievably fast procedure applied by the CAS ad hoc section can lead to
severe violations of human rights. Nevertheless, human rights provisions do not
apply directly to arbitrators. The arbitral tribunals are not state courts and a potent
human rights violation of theirs does not culminate in the states responsibility. For
instance in case the AHD violates the ECHR during the London Olympics, England
will not be directly liable towards the EC, since there is no violation from the state.
On the other hand, it has been claimed that even if human rights do not directly apply
to the arbitrators, they have an indirect application.131 When a state allows disputes to
be submitted to arbitration, that state is bound to guarantee that the proceedings are
in conformity with the related international instruments it has ratified. As long as the
ECHR guarantees a right to fair trial, a state is allowed to transfer the competency of
its national courts to an arbitration tribunal only in sofar as it transfers at the same
time the rights that ECHR guarantees.132 So the arbitrators should respect the rights
deriving from article 8 of the ECHR, such as the right to be treated equally, the right
to be heard in adversary proceedings, the right to an oral hearing, the right to rebut
the opponents case. In reality many of these rights are not applied by CAS and
especially by the ad hoc section. Some minor restrictions, though, could be accepted
on the grounds of the protection of the public interest that the Olympic Games
represent, as long as they are proportionate.133

130

Schultz Th., Human Rights: a speed bump for arbitral procedures? An exploration of
safeguards in the acceleration of justice, in International Arbitration Law Review 2006
131

Schults, ibid
Schultz, ibid, Beddard R., Human Rights and Europe, 3rd Edition, Cambridge, 1993,
p.166, Van Dijk P. and Van Hoof G.L.H., Theory and Practice of the European Convention
on Human Rights, 3rd Edition, The Hague, 1998, p.418-419, X v Federal Republic of
Germany, March 5 1962, in (1962) 5 Yearbook of the European Convention of Human Rights
88 at p.94
132

133

Antoniou Th., Restrictions on Personal Rights because of the organisation of Olympic

Games, in Klamaris/ Bredimas/ Malatos, Olympic Games and Law, Ant.N.Sakkoulas
Publishers Athens- Komotini 2005 p.165

96

One could argue that those rights could be considered that they have been
legitimately waived. Under the ECHR the possibility of waiving exists134. However,
it is really doubtful if a legitimate waiver can be existed as long as the submission to
the ad hoc section is not free.

Obligatory submission-standard clauses-human rights

Indeed, arbitration should be always a result of the free will of the parties. Under no
circumstances should it be obligatory for one of the parties. However, many Ifs
adopt standard clauses which define the CAS as the unique competent resolution
mechanism, leaving the other parties no choice but to accept this rule. The situation
though is even more intense in the case of the Olympic Games. According to article
74 of the Olympic Charter, any dispute arising on the occasion of, or in connection
with, the Olympic Games shall be submitted exclusively to the Court of Arbitration
for Sport. In Athens, CAS's jurisdiction sprang from a variety of sources. Beyond
Article 74 of the Olympic Charter, all IFs (including since the Sydney Olympics, the
IAAF and FIFA) provide for the jurisdiction of CAS in their by-laws or regulations.
Every participant, competitor, coach trainer or official, signed an entry form in the
two Olympic languages, French and English, as well as in the language of the host
nation, Greek, which provided that the CAS would be the unique competent court.135
As neither NOCs nor IFs were party to the agreement to accept CAS jurisdiction, the
Ad Hoc Panel conventionally reiterated its Sydney jurisprudence which provided a
rationale for the exercise of jurisdiction over them.
The ad hoc Division of the Court of Arbitration for Sport (Athens, Greece) has
jurisdiction over NOCs by reason of Article 4.1, 31 and 74 of the Olympic Charter
and over IFs by reason of Article 4.3, 29, 30 and 74 of the same instrument. In short,
by reason of benefits which accrue to each type of organization by reason of their
recognition by the IOC; each can be deemed to have subscribed to the arbitration
clause in Article 74. This conclusion is fortified by the undertaking of each to
134

Scultz, op cit

the form was the following: I agree that any dispute, controversy or claim arising out of,
in connection with, or on the occasion of the Olympic Games, not resolved after exhaustion of
the legal remedies established by my NOC, the International Federation governing my sport,
ATHOG and the IOC, shall be submitted exclusively to the Court of Arbitration for Sport
(CAS) for final and binding arbitration in accordance with the Arbitration Rules for the
Olympic Games in Athens which form part of the Code of Sports-related Arbitration. The
CAS shall rule on its jurisdiction and has the exclusive power to order provisional and
conservatory measures. The decisions of the CAS shall be final and binding. I shall not
institute any claim, arbitration or litigation, or seek any other form of relief, in any other court
or tribunal. The NOC confirms that all the relevant rules have been brought to notice of the
competitor/coach/trainer/official and has been authorised by the National Sports Federation
authorised to sign this entry form on its behalf.
135

97

promote the Olympic Charter in the particular manner set out in it.136
Jurisdiction over the IOC was conferred by Art.74 of the Olympic Charter. 137
It is doubtful, though, if the general submission of all future disputes directly to CAS
is valid. This is explicitly inconsistent with many constitutions, such as the Greek
one, which in the article 8 establishes the right to the natural judge.138 Nobody can be
deprived of his natural judge, unless there is a mutual agreement on it.139
This is also required by the article 8 of the ECHR, which as has been already
mentioned needs to be respected when the arbitration takes place within a EC state.
Article 8 guarantees the right of access to courts. Therefore, arbitration should
always be a result of a free consensus of the parties. In the case AEK vs NBA140 (
unreported ), though, in which AEK challenged the arbitration on constitutional
grounds the Court of Appeal dismissed AEKs appeal.
Whether the exclusion of the jurisdiction of the domestic courts under an entry form
would have been effective did not fall to be tested: but the advice received by CAS
was that the Greek judiciary would respect it for reasons of pragmatism as well as of
principle, i.e. that their courts were closed for the vacation over the period of the
Games.141

The competitive relation between the Olympic movement rules and the national
ones and the institutional balancing of each Olympic organization
The Olympic Movement since over a century has been succeeding in having an
institutional penetration inside the host cities, binding them contractually to accept its
rules. The dominant element is detected in the acceptance of a contractual consent
through the host city contract. The acceptance of this consent as a meeting point of
the wills of the parties derives from the age of Enlightenment. At the same time, the
relation among the various rules (sporting rules, institutional rules, private rules,
136

CAS OG/04/001, [2.2]; OG 04/006, [2.2]; OG 04/007, [2.5]; OG 04/008 [2.2].

137

Michael Beloff, The CAS Ad Hoc Division at the games of the XXVIII Olympiad in
Athens in 2004, in International Sports Law Review 2004
138

Dagtoglou P., Constitutional Law, Personal Rights, Ant.N.Sakkoulas Publishers, AthensKomotini 1991 p.1219, Hrisogonos K.., Personal and Social Rights, Ant.N.Sakkoulas
Publishers, Athens- Komotini 2002, p. 379
139

Greek Constitution, ar.8

141

Michael Beloff, The CAS Ad Hoc Division at the games of the XXVIII Olympiad in
Athens in 2004, in International Sports Law Review 2004

98

laws, international treaties, constitutions) arises. The aforementioned rules constitute

in their total an agreement about a game, no matter if it is a game of power, a
sporting event or a social claim. In any case, the achievement of consent constitutes
the crucial point for their force and their effectiveness.
This consent faces problems of course in case the regulatory systems of the states
that organize the Games have respect or appreciation of the Olympic movement
rules, as has happened recently in China, where the Olympic vested interests has
been testes in respect of the human rights. It is true that a similar test had taken place
during the World Wars and in other cases. The NATO involvement in the Athens
Olympics as regards the security of the Games as well as the severe restrictions on
the personal data cause serious skepticism. It should not be forgotten that the
Olympic Games trigger the existence of cameras in the hosting cities, which has
consequences on the peoples personal life.
The Olympic Movement estimates that the maintenance of the Games prevails and a
gradual balancing is to happen. On the other hand, the identity of the Games itself
due to its massiveness and its overpublicity, causes opinions which under different
circumstances would not have been self-evident. Consequently, the legal pluralism
does not remain an object of legal discussion. Indeed, it constitutes an object of
discussion with the history itself, that the Olympics and the Olympic Movement seek
to influence.

99

Chapter 5
Human Rights and Olympic Games
In 1940, the cancellation of the Olympic Games, which were to take place in Japan,
because of the 2nd World War, clarified the relation between the contemporary
historical evolution and an event, which was not merely a sporting one. So, what was
exactly the event that was cancelled?
In 1971 a table-tennis game between USA and China declared internationally that
China constituted a powerful third pole between USSR and USA, marking the
beginning of the international diplomacy during the Cold War
In 1952 a score which was considered to be nave in the basketball final between
USA and USSR indicated the triumph of the western way of life in the mass media,
despite the fact that that result caused speculation over the meaning/essence of sport
itself.
In 1972 the bloodsheding in Munich marked the end of any kind of pretext is the
sporting affairs.142
The year 8143 of the Dragon age in Beijing comes to action144. In the year 2008 in
Beijing145 the international role of China is officially recognized, the NOC of which
142

Filippou E., Terrorism and clenched fists, in Kathimerini, oblation 16/5/2004

143

The number 8 is the most favorite number for the Chinese people and is synonymous to
prosperity. In South China they say If you want to succeed, dont keep distance form the
number 8 In Honk Kong, the population of which is mostly from Kantona, the belief in
numbers is even more intense. The businessmen of the city are really competitive and are
obsessed with success. Thats way they become superstitious in every new beginning and
choose to make agreements or start a new business on the 8th day of the month. When they
stay in hotels they prefer the rooms 518, 688, 816 etc. Indeed, one hotel in Kantona offers
these lucky rooms in higher prices.
144

Beijing was first founded during the dynasty of Tsou (1046-771 BC) with the name Tzi.

145

Hai
Ren,
China
and
the
Olympic
Movement,
in
http://olympicstudies.uab.es/lectures/web/ful.asp?id_llico=4 where it is mentioned that
One of its striking features of Chinese culture is its extreme stress on harmony that is
particularly useful to the Olympics. According to Chinese philosophies harmony is a basic
feature of the perfect formation of the world, as the master of Taoist teaching, Lao Zi, states:
Both of them (Yin and Yang) are unified with harmony in the invisible breath (1993:62). A
Confucian classic work Doctrine of Mean also called harmony the universal path. (1992:27)
Moreover, harmony is even referred to as an important virtue as Confucius claimed In the
practising the rule of propriety, harmony is more important. (1992b:69). Based on such
philosophical ideologies, Chinese culture stresses on the following points.
Confucius, The Doctrine of the Mean, in The Four Books.
Changsha: Hunan Press, 1992, Confucius, Confucian Analects, in The Four Books.
Changsha: Hunan Press., 1992, Zi, Lao, Chapter 42. Beijing: Foreign Languages Press,
1993.

100

was recognized in 1922.146 China, the country with the most death sentences
executed per year in the world, hosted in the year 8 and on the 8th of August an event
which sufficed for the revisal of the Chinese Constitution, in order to welcome the
event through a more effective protection of personal property. The Games of
Beijing had the ambition of being the Green Games, Games of High Technology,
Games of People
It is obvious that the placement of the Olympics at a certain place has the ability to
induce alterations which may sound impossible, which makes clear that the
Olympics are not a mere sporting event, but an event with intense political gravity
and legal particularities.147
The European Council expressed timely its positions148 and its doubts of the
European society on the ability of this country to organize such an event with a
rational establishment of the Enlightenment values and the human rights.149
Asia claimed its positions in the contemporary global firmament and on the occasion
of this Olympic case tried to demonstrate whether the international balance has been
altered up to the extent to give to the modern history contemporary coordinates.
When they started, the Olympics constituted a pure European affair, which initially
states of the American continent came in and later states of the Asian continent as
well. The first state of the second category was Japan, which was the first Asian state
which participated and afterwards organized Games.150
If the 2nd World War cancelled two organizations, the 21st century orientates the
world centre to the East. After Athens151, Beijing will try the stamina of the choices
of the history.152

146

Konstas D., Sports and Diplomacy, Kathimerini, oblation 16/5/2005

147

Mac Aloon J., The Turn of the two centuries: Sport and the Politics of International
Relations, in Laudry F./Landry M./Yerles M.:Sport, the third Millennium, Sainte_foye 1991,
p.42
148

http://www.europarl.europa.eu/news/public/story_page/015-13650-330-11-48-90220071126STO13639-2007-26-11-2007/default_el.htm
149
Alkemeyer T., Die Wiederbegrndung der Olympischen Spiele als Fest der
Brgerreligion, : Gebauer G., Olympische Spiele- die andere Utopie der Moderne
Olympia zwischen Kult und Droge, Suhrkamp 1993, pp. 65ff
150
Guttmann A., Die olympischen Spiele: Ein Kulturimperialismus? : Gebauer G.,
Olympische Spiele- die andere Utopie der Moderne Olympia zwischen Kult und Droge,
Suhrkamp 1993, pp. 139 ff.
151

Pararas P., Human Rights Protection Matters, in Applications of Public Law, op cit, p.15,
Pettiti, L.E., Droit du Sport et Convention Europeenne des droits de lHomme, in
International Congress on Sports Law, University of Athens, 11-13 December 1993
(published proceedings)
152

See especially about this matter

Beijing Action Plan

101

Thanks to the leadership of the Party Central Committee and the State Council and with the
strong support of all the Chinese people and our foreign friends, on July 13, 2001, Beijing
was awarded the right to host the 2008 Olympic Games. It has added fresh impetus to the
development of Beijing and that of China as a whole. From now on, Beijing will see a period
of rapid development, and the preparation for the Olympic Games will greatly facilitate the
implementation of the 10th "Five-year Plan" and the "Strategy of Three-phased
Development" for Beijing. This Action Plan is formulated as an overall guideline and general
plan for the preparations of the 2008 Olympic Games.
In the preparation for the Olympic Games, we will be guided by the important thought of
"Three Represents" put forward by President Jiang Zemin and closely follow the instructions
of the Central Government on making the 2008 Olympic Games a great success. We will
keep in mind the idea of "New Beijing, Great Olympics" and place emphasis on the concepts
of "Green Olympics, High-tech Olympics and People's Olympics". We will avoid
extravagance in running the Olympic Games and do our utmost to bring about social and
economic developments to the capital city and to the country, creating a unique legacy for
China as well as for the whole world.
We fully understand that the concepts of "Green Olympics, High-tech Olympics and
People's Olympics" are of great significance to the success of the 2008 Beijing Olympic
Games.
Green Olympics - to achieve this goal, priority will be given to environmental
protection (EP) in the planning, designing and construction of Olympic venues and facilities
and strict ecological environment standards and systematic supporting systems will be
established. EP technologies and means will be extensively used in promoting, on a large
scale and in various aspects, environmental treatment, afforestation and beautification of
urban and rural areas. We will raise the environmental awareness of the whole society and
encourage the public to consciously opt for green consumption and actively join in activities
aiming at improving the ecological environment, in an effort to drastically improve the
environmental quality of the capital and build it into an ecological city.
High-tech Olympics - we will closely follow the latest high-tech developments home
and abroad and integrate the high-tech achievements nationwide so as to host a magnificent
sports event in high-tech environment. In doing so, Beijing's capacity in high-tech innovation
will be improved and the application of high-tech achievements to production and people's
life promoted. Beijing Olympic Games will be a window to showcase our high-tech
achievements and innovative capacity.
People's Olympics - we will take the hosting of the Olympic Games as an opportunity to
popularize the Olympic spirit, promote the traditional Chinese culture, showcase the history
and development of Beijing as well as the friendliness and hospitality of its citizens. We will
also take the Games as a bridge for cultural exchanges in order to deepen the understanding
and enhance the trust and friendship among the people of different countries. We will always
give first consideration to the need of people, especially the athletes and provide favourable
natural and cultural environment and quality services for them. To promote the Olympic
Games and Olympic Movement, we will organize diversified cultural and educational
programs to cater to the needs of the people, especially the younger generation, for spiritual
and cultural activities. We will also encourage the widest participation of the people in the
preparation for Games, as it will greatly push forward the sports and cultural development
nationwide and increase the cohesion and pride of the Chinese nation.

102

It is now clear and doubtless: The Olympics contribute to the so-called gentle
diplomacy, but often go even further. In a framework which incorporates the
principles of the Enlightenment153 and the organization via worded rules, sport,
placed within the international sporting movement, spreads every four years its
positions in stadia with thousands of spectators and through TVs with millions of
watchers. The four-year period of the Olympiad is quite reminiscent and the fouryear term of modern republics that many constitutions impose.
China154 tried to test the power of the bodies and the omnipotence of the democratic
regime the ideology which stands by it. At the same time, non-governmental
organizations, such as the Olympic Watch (Committee for the 2008 Olympic Games
in a Free and Democratic Country)155 and the International Amnesty156 were insisting
on demonstrating the need for human rights and the prevention of their violation.
The Olympic Games of 2008 made the Olympics contributors to the protection of
human rights in a not at all self evident for a sporting event.

The protection of the human rights as a major objective of the Olympic Games
The Chinese were totally ready for the Olympics. The new impressive Olympic
Stadium with a capacity of 100.000 seats is designed by the Swiss architects Hertzog
and De Merron. Right next to it, there is the swimming centre with the exciting
frontage: made of diaphanous preconstracted structural elements. The French
architect Paul Adre designed the new building of the National Theatre of Beijing in
the centre of the city, which costed 300 million dollars. The British architect Norman
Foster and their partners designed the new airport of the city, the cost of which ran
into 2 billion dollars and the design of which was inspired by a dragon. The Dutch

153

Douzinas K., The end of Human Rights, Papazisis 2006

154

http://el.wikipedia.org/wiki/%CE%9B%CE%B1%CF%8A%CE%BA%CE%AE_%CE%94
%CE%B7%CE%BC%CE%BF%CE%BA%CF%81%CE%B1%CF%84%CE%AF%CE%B1_
%CF%84%CE%B7%CF%82_%CE%9A%CE%AF%CE%BD%CE%B1%CF%82
155

hppt://www.olympicwatch.org/
According to the Report of the International Amnesty, during the preparation of the
Olympics and the effort to complete all the Olympic works, the incidents of violation of
human rights in China were greatly raised. The cases of compelling evictions of pure families
were very frequent in many regions, where stadiums were to be constructed as well as the
detainment of the ones that were complaining about these evictions. Also the government
never applied its commitments for measures about the freedom of press, which causes doubts
on the guarantee of equality of rights among foreign and domestic journalists. Kathrin Beiber,
vice-president of the organization for the regions of Asia-Pacific, announced that under no
circumstances could the IOC want Olympics which would be darkened by human rights
violations, with families being obliged to leave their homes and people being detained in
order to be prevented from reporting the violations.
156

103

architect Rem Kulchas was selected to design the new headquarters of the CCTV, the
national TV of China.157 The building is a circular skyscraper which ran into 600
million dollars. The symbolic character of these architectonical interferences is
obvious.158
As the Olympic Games of 2008 in Beijing, were approaching, the protest against the
violation of human rights were gradually increasing.159
There were also many reports about violations regarding the right to environment.160
The Council of Europe161.was constantly airing its opinions regarding this issue
either on the occasion of Tibet and the riots or on the occasion of the violations
regarding the freedom of press, the mass media etc.
The US, though, revoked China from the black list of the states which
predominantly cause breaches of human rights, despite the fact that China was
included in that list in 2007 and 2005 on the grounds that it was a state which was
fragrantly violating human rights. Great importance was attached to this issue and
started concerning the entire world. Also, China since 2001 and after 15 years of
intense negotiations is a member of the World Trade Organization (WTO).
So, during these facts, and as Tibet was being burnt, China revised its constitution,
introducing special provisions for the protection of human rights162 . Were the
Olympics the reason of this revision?

The Amendment of the Chinese Constitution in 2004- 3 years after the

amendment of the Greek one
In particular in March 2004 the Constitution of the Peoples Republic of China163
was revised. According to this revision: The state respects and protects the human
157

analytically about this matter Cook I., Beijing 2008, in Gold J. and Gold M., Olympic
Cities, Routledge, London, New York 2007, pp.286ff.
158

about this matter especially Giannakourou G., Trova E., Olympic Games and Law,
Ant.N.Sakkoulas, Athens-Komotini 2001
159

http://www.hrichina.org/public/

160

http://www.oikologos.gr/News2004/0155.html

161

http://www.europarl.europa.eu/news/public/story_page/015-13650-330-11-48-90220071126STO13639-2007-26-11-2007/default_el.htm
162

http://en.wikipedia.org/wiki/Human_rights_in_the_People's_Republic_of_China#_note0

163

http://www.cecc.gov/pages/virtualAcad/gov/stateconst.php

http://www.iht.com/articles/2004/03/05/edhung_ed3_.php

104

rights164. Also, a special provision was introduced for the protection of property,
which made the legitimately acquired personal property inviolable.
It should be submitted here that the revision of the Greek Constitution165 in 2001 was
promoted because of the upcoming Olympic Games too.
There are some certain provisions of the revised Constitution which constitute a
result of the legislators care to introduce some principles which are consistent with
the organization of a sustainable Olympiad.
Especially the amendment of article 24 of the Constitution aimed at the effective
realization of the development of the country, defining the framework in which the
works for the materialization of the Olympics vision would take place in Greece.
Under article 24, the jurisprudence had held that there was some kind of connection
between article 24 of the Constitution and the Agenda 21, considering the lattest as a
superior law of supranational character.166 However, Agenda 21 never constituted a
law which could commit the Greek legal order. The fact that the IOC adopted the
Agenda 21 can only affect the Greek legal order as a political principle and direction
and not as a regulatory text with a committing character.167

164

http://www.washingtonpost.com/ac2/wp-dyn?pagename=article&contentId=A574472004Mar14: Wen Jiabao was quoted by the Washington Post as saying, "These amendments
of the Chinese constitution are of great importance to the development of China." "We will
make serious efforts to carry them out in practice." But subsequently there was no clear
indication that the changes were leading to increased protection for Chinese citizens in terms
of human rights or property rights.
165

in general see Giannakourou-Trova op cit, Papadimitriou N., Olympic Games, The

administrative organization of the Olympics, in Applications of Public Law 2003, Special
Edition, Olympic Games- Public Law Matters, pp.9ff., Skouris P., The first Olympic Games
of Europe, Metomesonykties Ekdoseis, 2005, Trova E., Skouris P., From the First Olympic
Games of Athens to the first Olympic Games of Europe, Ant.N.Sakkoulas Publications,
Athens-Komotitni, 2003, Theodoratou I., Legal Matters of the preparation of the Olympics,
in Applications of Public Law 2003, Special Edition, Olympic Games- Public Law Maters,
pp.63ff.
166

Council of the State (5th Section) 2818/1997, 2805/1997, 4634/1997, 5186/1997

167

see in general Theodoratou I., Legal Matters of the preparation of the Olympics, in
Applications of Public Law 2003, Special Edition, Olympic Games- Public Law Matters,
pp.63ff., Kiousoupoulou L., Voiatzis P., The Olympic works before the Council of the State,
the difficult balance, Honorary Volume of the Council of State-75 years, Sakkoulas 2004,
pp.1089ff., Trova E., Skouris P., From the First Olympic Games of Athens to the first
Olympic Games of Europe, Ant.N.Sakkoulas Publications, Athens-Komotitni, 2003, Trova
E., The 2004 Olympics, The Olympic Works and the Environment, the way covered until
2002, PerDik, 2003, pp.240ff.

105

It was widely held that the law of compulsory expropriation and the procedural
impediments that it posed constituted the basic reason that complicated the
realization of the works and especially of the Olympic works which should be
completed by a certain time deadline. The amendment of article 17168 as well as the
one of article 94, intended to restrict the proprietors resistance to the promotion of
public goals. In particular, through the revision of article 17, new provisions about
the compulsory expropriation institution were introduced, mainly in attendance of the
impeding interferences of the legislator in the image of Greek especially because of
the Olympics. Also, specific legislation was promoted for the orientation of the Code
of Compulsory Expropriations to this direction and a relative law was also voted,
which has been in force since 2002. The special laws about the Olympics also
include some special provisions about the expropriation.
Therefore, it can be noticed that both the revision of the Greek Constitution on 2001
and the Chinese one in 2004, the Olympics asserted unchallengeable influence. This
influence was inevitable because of the host city contract.

The competitive relationship among the Olympic Movement rules and the state
rules and the institutional balancing of each Olympic Organization
When the IOC169 in 2001 charged Beijing with the organization of the 2008
Olympics, it had taken into account the declaration that the hosting of the Games
would help the human rights and in particular the mass media restrictions, since they
would no longer exist during the broadcasting of the Games.170 It is obvious that the
168

see revised article 17 of the Constitution. The first amendment concerns the crucial time
for the reckoning of the compensation. In case one year elapses between the hearing for the
temporary calculation and the hearing for the permanent one, then the second hearing is taken
into account for the determination of the price of the real estate.
A second amendment is about the obligation of the administration to justify clearly the act of
declaring the expropriation.
The third rule is the potential of paying the compensation in land, by offering the ownership
of another real estate as long as the payee consents.
Also, some further procedural and essential rules were introduced by the revision of the
paragraph 4 of article 17. They concern the determination of the competent court. Competent
courts are now according to article 94 of the Constitution the regular administrative courts. It
is possible though, in deviation of article 94, unified jurisdiction to be provided by law for all
the affairs which are associated with the expropriation.
The paragraph 4 of article 17 also provides that works can be exceptionally executed even
before the payment of the compensation and the completion of the expropriation as long as
works of general importance for the states economy need to be completed quickly. This
reuires, though, permission of the competent court for the reckoning of the temporary or
permanent compensation as well as the paying of reasonable part of the compensation.
169

http://news.bbc.co.uk/sport2/hi/olympics/7265593.stm

170

In April 2001, Lieu Ginkmin, vice-president of the Olympic Games cliam committee
declared: by assigning to Beijing to host the Games you will contribute to the development

106

Olympic Movement succeeds in penetrating institutionally in the organizing cities,

through making them accept contractually its rules.171 So, this contractual consent is
the key issue of the penetration. The acceptance of the consent as a balancing point
of the volitions of the two sides has its origins in the Enlightenment. Simultaneously,
the relation among the different kind of rules arises. All the rules, the sporting ones,
the laws, the international treaties and the constitutions constitute in total an
agreement on the game and this game could be either a sporting game or a game of
power or even a social claim. At any case the attainment of the consent constitutes
the crucial point for the power and the effectiveness of the rules.
This consent, of course, is being tested in case the regulatory frameworks of the
states within the territory of which the Olympics are organized, do not appreciate in
total or partly the Olympic Movement rules, as has happened in the recent case of
China, where the Olympic achievements and the Human Rights were really tested.
Of course there was an analogous testing during the 2nd World War and in other
cases. The NATO assistance in the field of security during the Athens Olympics
poses relative questioning as well as the restrictions on personal data. Also, it should
not be forgotten that frequently the Olympics lead to the existence of cameras in
public places in the European cities which culminates in the severe violation of the
personal privacy.
The Olympic Movement perceives the continuance, the security and the integrity of
the Games as more important. It claims, though, that there will be a gradual
balancing. On the other hand, the identification of the Games itself leads, because of
its extreme publicity, to opinions which under different circumstances would not be
obvious.
Therefore, the legal pluralism is no longer an object of dialogue among lawyers. It
constitutes an object of dialogue with history, which the Olympic Games and the
Olympic Movement aim at affecting.
In this way, China via the host city contract that has signed was forced to a dialogue
with the IOC and the values that it represents. At the same time, it was forced to a
dialogue with the USA and EU, which as powerful actors of the international scene
and market should on no account boycott the Games.

of the human rights. Liou Tsi, Mayor of Beijing also promised that the hosting of the Games
would contribute to the social progress and the financial development of China as well as to
the improvement of the human rights promotion. Besides, IOC officials had made clear that
human rights in China should be improved as a result of the choice of Beijing for the hosting
of the Games.
171

Nafziger, International Sports Law, Transnational Publishers:N.York 2004,

Panagiotopoulos D., International Sporting and Olympic Institutions, Athens, Ennoia
Publishers 2005, Panagiotopoulos D., Sporting Relations: Greek and International
Competitions, Athens, Ant.N.Sakkoulas Publishers, 2001

107

Olympic Charter and Human Rights

The above arguments do not negate the general questioning about the protection of
human rights as the Olympic Charter request, which tends to be an even stronger
request as the time goes by. Indeed, one could argue that given the destitution in the
human right protection, the Olympic Charter undertakes their protection in the view
of the historical claim of a certain era. At the same time, though, it undertakes the
settlements that an Olympic organization connotes, which could at the end make the
major historical claims be forgotten.
The Olympic Charter172 is the Constitutional Charter of the Olympic Movement. The
IOC lays down in a text which is quite reminiscent of a Constitutional Charter, the
fundamental rules that are binding for both the IOC itself and the entire Olympic
Movement. Its structure comprises the fundamental principles and the rules and their
amendments that the IOC adopts. More special chapters are about matters which
concern the Olympic Movement, the IOC, the IFs, the NOCs and the Olympic
Games. It has to be noted that it is a very concise and at the same time clear text.
In respect of the organizational part, the content of the Olympic Charter is consistent,
quite predictably, with the private nature of sport. In respect of the part that certain
ideological elements are comprised, there is a clear similarity to manifests of ideals
and principles. These principles were gradually enriched and expanded from the
initially educational ideals of Coubertin to cultural references and environmental
purposes.
Currently, in the framework of the Olympic Charter, certain principles are applied,
such as the sustainable development, tolerance, international piece and solidarity
among states, the Olympic truce, a vision for education and culture. 173 In this part, it
is quite possible that the Olympic Charter is incompatible with fundamental
constitutional provisions of states or international treaties or even the European
Union. Therefore, inevitably the question about the relation of these rules with the
national legal orders is posed, not at a level of private rules associated with the
sporting phenomenon any more, but at a level of rules of constitutional nature.
It is really interesting that apart from the host city, the states are also committed to
accept and respect the Olympic Charter. The host city contract, as a text based on the
freedom of contacts principle, which was a fundamental claim at the ends of the 19th
century, provided principles that the entire Olympic movement as well as the
national states are bound to respect and follow. At this point the freedom of
association and the freedom of contracts principles meet with the principle of the law
state, given that a private law contract interferes in so important national matters.

172

http://www.olympic.org/ioc/e/facts/charter/charter_noc_e.html

173

Pound D., Inside the Olympics, Wiley 2004, p.115

108

The Olympic Movement Rules and the Constitution

The Olympic Charter is the supreme constitutional charter of the Olympic Movement
and regulates the relations of its members. Prima facie the Olympic Charter has
nothing to do with state relations, nor interferes in them.
The relation of the Olympic Chapter with the standing constitutional provisions
indicates the power of the Olympic Movement rules and the state rules. This power
can either converge as regard the aims or deviate.
The Olympic Charter adopts a total of rules which concern up to a great extent the
members of the Olympic Movement. Beyond this, though, it includes certain more
general provisions and principles which are linked to constitutional matters or are
about deontological or moral commitments. Among those, we should highlight the
principle which establishes a human right to sport, the principle of tolerance or the
one of the sustainable development and the principle of fair play.

Is sport a human right?

In particular, as regards the right to sport, the paragraph 4 of the fundamental
principles of Olympism provides that: The practice of sport is a human right. Every
individual must have the possibility of practicing sport without discrimination of any
kind and in the Olympic spirit, which requires mutual understanding with a spirit of
friendship, solidarity and fair play.
The practice of sport as an aspect of the right to develop the personality is closely
linked with the fundamental rights.174 It is alleged that the scope of this rule
comprises the protection of the participation in any kind of sporting activity. 175
Furthermore, the right to sport is associated with the right to associate. Within this
protection the freedom of establishment of a sporting club is included, which mainly
aims at a less amateur and territorially limited sport.176

Drig G. in: Maunz T./Drig G, Kommentar zum Grundgesetz . 1, Munich 1993, article
2 GG par. 62, Krogmann M., Grundrechte im Sport, Dunker und Humblot, Berlin 1998, p.
46, Kunig P. in: von Mnch I./Kunig P., Grundgesetz Kommentar v. 1, unich 1992,
article 2 GG par. 62. v. Mnch I., Die allgemeine Stellung des Sports in der modernen
Verfassungsordnung unseres Sozial- und Kulturstaates, Hamburg 1986, p. 10, Steiner U. ,
Staat Sport und Verfassung, DV 1983, p. 173., Mnch I., Verfassungsfragen des Sports,
NJW 1991, p. 2729, Mnch I.,, Aktuelle Entwicklungen des Verhltnisses von Sport und
Recht, BayVbl. 1995, p. 417
174

175

Pfister B., Autonomie des Sports, sport-typisches Verhalten und staatliches Recht,
in:Honorary Volume for Lorerz Werner, Tbingen 1991, pp. 171 ff.

109

Consequently, the matter of the legal nature of this rule-principle is quite important
in the framework of the host city contract, taking into consideration that through it
the states become contractually bound to respect and abide by this rule.
There is no obligation, though, for the states to establish such a right as part of the
obligations that they undertake through the host city contract. The provision has
mainly a symbolic character.
The provision of the paragraph 4 acquires a regulatory character, also because of the
needs of interpretation of the relevant system of rules. Under this point of view, the
entire activity of the Olympic Movement should take this right into consideration and
accept it systematically.
Finally, it should be mentioned that the paragraph 4 provision, regardless of its
regulatory or symbolic character, is characterized by an unfamiliar universality,
which derives from the global character of the sporting movement and its private
organization. Under this point of view it constitutes an example of universal right
and it leads to questioning regarding the various sources of rules of relevant
content.177

The protection of the environment

Also, the paragraph 13 of article 2 of the Olympic Chapter provides that one of the
missions of the IOC is to encourage and support a responsible concern for
environmental issues and to promote sustainable development in sport. The
protection offered in this framework also establishes a fundamental right, which is
about the balancing between the required development for the organization of a
sporting event and the environmental protection.178
The environmental protection and the sustainable development are considered to be
the third aspect of the Olympic Movement and the IOC has already accepted the
Agenda 21, by which it committed itself. On the 23rd of October 1999 the 3rd
Congress of the IOC was held in Rio de Janeiro, Brazil, in which the Olympic
Movement adopted the Agenda 21 and simultaneously the IOC proceeded to the
Krogmann M., p. 48, Steiner U., Aktuelle Entwicklungen des Verhltnisses von Sport
und Recht, BayVbl. 1995, p. 417
176

177

Gunther K., The Legacies of Injustice and Fear: A European Approach to Human Rights
and their Effects on Political Culture, in Alston P. and Bustelo M. Heenan J. (eds), The EU
and Human Rights, Oxford University Press 1999, p. 117 sec, with analytical bibliograpfy,
Tourard H., L internationalisation des constitutions nationales, L.G.D.J., 2000.
Nolte M., Sport und Recht, Ein Lehrbuch zum internationalen, europischen und
deutschen Sportrecht, Hofmann Schondorf 2004, p.172
178

110

Declaration on Sport and Sustainable Development. According to this declaration,

the Agenda 21 is a vehicle that defines actions in the field of an effective
contribution of the Olympic Movement to the sustainable development. All the
members of the Olympic Movement and all the participants in sport and sporting
businesses are required to respect the Agenda 21 in the best possible way and with
respect to the culture, the traditions and their convictions.179
Sustainable development according to the Olympic Charter and the Host City
Contract
The Host City Contract of 5.9.1997 incorporates explicit obligations for Athens, as
regards the protection of the environment. The concern for the environment is
expressed in the Preamble of the Host City Contract (which is part of the Contract as
provided therein), according to which the parties thereof are bound to consult with
the IOC on environmental issues. It is also expressed in article 18 thereof, according
to which the city is obliged to carry out its activities under this Contract and in
accordance with the concept of sustainable development.

In addition, paragraph 13 of article 2 of the Olympic Charter explicitly refers to the

concern that the IOC and the Olympic Movement should demonstrate for the
protection of the environment and the promotion of the principles of sustainable
development.

The protection of the environment and sustainable development are viewed as the
third pillar of the Olympic Movement and the IOC has already accepted the Agenda
21, by which it is bound. On October 23, 1999 in Rio de Janeiro, Brazil, was held the
3rd International Conference of the IOC on sport and the environment, during which
the Agenda 21 was adopted by the Olympic Movement and at the same time a
Declaration for Sport and Sustainable Development was published. According to
that declaration, the Agenda 21 of the Olympic Movement is a tool, which
determines courses of action for the Olympic Movement with a view to contributing
effectively to the sustainable development. All members of the Olympic Movement
and all participants in sport and sports undertakings are called upon to comply with

179

About the declaration of the 23/10/199 about sport and the sustainable development see
http://www.olympic.org/ioc/e/org/rio/rio%5Fstate%5Fe.html
For the same issue and in particular about the environmental policy of the IOC see Congress
of Rio de Janeiro http://www.org/ioc/e/org/rio/rio%5Fprogram%5Fe.html
In this congress G. Kazantzopoulos, the representative of the Athens 2004 referred to the
cooperation between the Athens 2004 OCOG and the Greek government on this issue

111

the Agenda 21 in the best possible way and with respect to culture, traditions and
their convictions30.
The adoption of the Agenda 21 by the Olympic Movement is the outcome of an
effort that had lasted more than ten years to incorporate the concept of environment
into sports practices. The purpose of this approach is to reveal the symbiotic
dynamics of sport and nature from a philosophical, moral and functional point of
view. It aims also to restore the ontological conception of sports practice, which is
that of physical activity, as a complement of natural balance and as an expression of
the oneness of man and nature. In this effort were mustered not only symbolical and
historical approaches as to the role of the ancient games as an early form of ecophilosophy31, but also modern philosophical and moral approaches32. Even the views
of the founder of Olympism, Pierre de Coubertin, were put into use, according to
which the athletes are the defenders of nature and promote public beauty (beau
public) together with public good (bien public), namely natural and aesthetic
perfection, together with the moral perfection of the world33.
Equally important to understand the approach adopted by the Olympic Movement as
to the concept of sustainable development, are the issues brought to the fore by the
relation sport - environment - city. Sport should be considered a complement of
urban culture, in so far as the emergence, propagation and development of modern
sports practice has kept pace historically with the emergence and development of
modern cities. Although, primordially the homo sportivus was at the same time homo
ecologicus, in the sense that sports activity was a physical activity serving vital needs
of the human nature (e.g. subsistence), during his long evolution he had been
identified with homo urbanus34. The introduction of the environment into the bipolar
30

With reference to the Declaration of 23/10/1999 on Sport and Sustainable Development, s.

at http://www.olympic.org/ioc/e/org/rio/rio%5Fstate%5Fe.html
For the same issue and the general environmental policy of the IOC, s. the 3rd International
Conference
of
Rio
de
Janeiro
and
the
views
developed
at
http://www.org/ioc/e/org/rio/rio%5Fprogram%5Fe.html
During this conference, Kazantzopoulos G., representative of Athens 2004, referred to the
cooperation between the Organizing Committee and the Greek Government in environmental
issues.
31

Yalouris N., Pegasus: the art and the legend, Westerham Press, London, 1977, Batenson
G., Mind and nature A necessary unity, Bantam Books, New York, 1988.
32

da Costa L. (ed), Environment and Sport. An international overview, Faculty of Sports

Sciences and Physical Education, University of Porto, Portugal, 1997.
33

de Coubertin, P., A propos des Rallyes, Revue Olympic, Mars 1907, pp. 238-240, in
Muller N. et Schantz O. (eds), Pierre de Coubertin-Textes Choisis. Tome III - Pratique
Sportive, Weidmann, Zurich, 1986.
34

Bento J., Sport, City and Nature. An introduction, in da Costa L. (ed), Environment and
Sport. An international overview, Faculty of Sports Sciences and Physical Education,
University of Porto, Portugal, 1997, pp. 94 ff.

112

relation city-sport can be perceived, from a philosophical point of view, as an

attempt to overturn the bisection between the city and nature, as well as an attempt to
restore the ontological unity of man. In this way, if the modern city is a violent place,
which reverberates the ecological crisis, and where the body is bound by modern
urban activities and institutional conventions, the ecological city of the Olympic
Movement recreates the space for the human body and the athlete. At the same time
and through the human body, it brings the individual back to the primitive natural
activities and mainly the freedom of motion, and professes the liberation of the body
from the restraints of urban civilization35. In that sense, the sustainable Olympic city
is a joyous city (cit joyeuse)36, where the joy and the power of sport, as a physical
activity, cohere with the quality of life and the free development of the personality37.
It is evident that the Olympic Movement has formed a philosophical, moral and
political belief about the environment and sustainable development, which might be
more advanced compared to the positions adopted by national policies and national
legal orders for the environment. In view of the Host City Contract for the Olympic
Games of 2004 and the ensuing obligations for Athens and the other contracting
parties, the question which is raised is to which extent the positions and rules of the
IOC affect the legislation and practices of the Greek State in environmental issues.
What should also be examined is whether and to which extent the Greek legislation
should incorporate the rules of the IOC into the national law.

Olympic Charter and tolerance

The IOC envisages the hosting city to be sustainable with sporting departments and
also tolerant.180 Every kind of religion, belief or political conviction should be
welcome to this city and nobody should be persecuted for his/her convictions.181
35

Cuhna E. Silva P., The (contemporary) body in ecological crisis, in da Costa L. (ed),
Environment and Sport. An international overview, Faculty of Sports Sciences and Physical
Education, University of Porto, Portugal, 1997, pp. 104 ff.
36

Bento J., ibid.

37

This view is expressed in its full version by J.J. Rousseau in the ninth walk of the solitary
walker, his most mature work, Les rveries du promeneur solitaire, GF Flammarion, 1995, pp.
147 ff., epitomizing the vision of the Enlightenment as regards the happiness of one and all,
as follows: Est-il une jouissance plus douce que de voir un peuple entier se livrer la joie un
jour de fte, et tous les coeurs spanouir aux rayons expansifs du plaisir qui passe
rapidement, mais vivement, travers les nuages de la vie?
180

Tolerance was has been a cornerstone of the age of Enlightenment and of the IOC as well.
See also Locke J., Lettre sur la tolrance et autres textes, GF Flammarion no 686
181

Mac Aloon J., Intervalltraining. Haben die Olympischen Spiele universale Bedeutung?, in:
Gebauer G., Olympische Spiele- die andere Utopie der Moderne Olympia zwischen Kult und
Droge, Suhrkamp 1993, pp. 157 ff.

113

In contrast to the rules that are addressed to the members of the Olympic Movement,
the aforementioned provisions are addressed to all the citizens of the world. Also, as
long as, via the host city contract, the organizing state is bound to follow the
Olympic Charter, questioning arises about up to which extent the national legal order
is bound to follow these provisions.182
Therefore, according to the Olympic Charter, tolerance is established as an important
virtue of the Olympic Organization and the country that hosts it.

The Games of a city, a contact, an ideology

The Olympic Games are games which are entrusted by the IOC to a city, the socalled host-city (article 33). Also, the national governments of the country of the
hosting city must guarantee that the state and its public authorities will comply with
the Olympic Charter (article 34, par.3).183 On this basis the dialogue for the human
rights protection in China is conducted.
The city which is finally selected, NOC and the OCOG enter into a contact with the
IOC. So, the Olympics are organized only under these circumstances, with a certain
ideological background and for a certain time, under the exclusive control of the
IOC. The articles 34-61 provide special provisions about the contractual relationships
between the various members of the Olympic Movement and the specially the
relations between IOC, host city, NOC and OCOG during the organization of the
Olympics. There is no reference to the possibility to stop the contract and this fact
causes some doubts on the binding character of the contract. Most of the times, the
IOC acts in a diplomatic way, focusing on a good organization of the Olympics and
not to the wider objectives that will be probably achieved.
The Olympics, as a concept and as a fact, constitute an important ideological and
political interference in the worlds history with a clear objective to reform the
destine of the humanity. For the achievement of this objective, the contractual
commitment of states is invoked, which are required to adjust their legal order to the
volition of the Olympic Movement. The Olympics undertake according to the
Olympic Charter a role of social reformer with the vehicle of the freedom of
contracts. This ideology has a special meaning in particular when the states that are
asked to enter into contract have not embraced the ideological basis of the
Enlightenment, such as China.
Placing the Olympics at a different geographical area every time involves a crucial
element of symbolism. Even if this is not so obvious at the beginning, it is certain

182

Sotirellis G., Constitution and Democracy in the period of globalization, Sakkoulas 2000,
p.284
183

Bredimas A., The legal nature of the IOC and the Ifs and their relation to the international
and national legal order, in Klamaris/Malatos/Bredimas, Olympic Games and Law, op cit,
p.73sec., Giannopoulos, Contractual relationships among state, hosting city, OCOG and
sponsors, in Olympic games and law, op cit., p.277

114

that it will be proved in the future. As has been already mentioned China is not the
first Asian city which organized Olympic Games. Tokyo in 1964 and Seoul in 1988
had proceeded. Each one of the aforementioned organizations had its special value.
The first one took place during the post-war era and confirmed the tendency of
internationalization of the Olympic movement and the effort to expand throughout
the world. The second one was organized within a divided country and it was the
first one with a broad participation after the boycotts of Moshe (1980) and Los
Angeles (1984)
The Beijing Olympics were being prepared under the protests for the violations of
human rights. As has been already mentioned, the respect of the human rights
constitutes a requirement for the Olympic Movement. It is indicative that South
Africa was expelled, after many pressures from the IOC in 1970 due to the
apartheid.184
Therefore, it is obvious that the Host City undertakes contractually, through the
private law, many commitments which concern the relative state and it is quite
possible to affect even constitutional provisions. It is doubtful, though, whether these
provisions will remain symbolic or will be applied; as doubtful as the security of the
human rights in China.185 Beyond that, though, the Olympics themselves are facing
the challenge to prove that beyond a simple sporting performance, also constitute an
institution, which respects and stands up for their fundamental principles.186

184

Pound D., Inside the Olympics, Wiley 2004, p.115sec

Maria Linda Tinio, Les droits de l'homme en Asie du sud-est, Prface de Boutros
Boutros-Ghali. Editions l'Harmattan, Paris, 2004 septembre 2004
185

Alkemeyer T., Die Wiederbegrndung der Olympischen Spiele als Fest einer
Brgerreligion, : Gebauer G., Olympische Spiele Die andere Utopie der Moderne
Olympia zwischen Kult und Droge, Suhrkamp 1993, p. 65 sec
186

115

Human Rights & Anti-Discrimination Provisions in Sports Treaties

Several international treaties address the issue of discrimination in sports. National
laws, such as the United State's Title IX, further define this area.

The Olympic Charter - The Fundamental Principles of Olympism in the

Olympic Charter [pdf] state that sport is a human right and prohibit discrimination of
any kind.

International Covenant on Economic, Social and Cultural Rights - No specific

mention of sport is made in the International Covenant on Economic, Social and
Cultural Rights (ICESCR). However, this foundational human rights treaty confirms
the right of everyone to receive an education (Article 13) and the right of everyone to
take part in cultural life (Article 15).

Convention on the Elimination of All Forms of Discrimination against Women Sport is specifically mentioned in two provisions of the Convention on the
Elimination of All Forms of Discrimination against Women (CEDAW). Recalling
the language of the ICESCR, the one instance relates to education, and the second
relates to cultural life. Article 10 states that women shall have the same
opportunities to participate actively in sports and physical education. Article 13
states that women shall have the right to participate in recreational activities, sports
and all aspects of cultural life.

UNESCO International Charter of Physical Education and Sport - The UNESCO

International Charter of Physical Education and Sport [pdf] states a general
prohibition against discrimination by recalling the Universal Declaration of Human
Rights in its preface. Article 1 of the Charter specifically mentions every human
being's fundamental right of access to physical education and sport.

European Sport for All Charter - This Charter - 1992 version [pdf] and 2001
revision [pdf] - prohibits discrimination in access to sports facilities or sports
activities on the grounds of sex, race, color, language, religion, political or other
opinion, national or social origin, association with a national minority, property, and
birth or other status. Article 4(1).

International Convention against Apartheid in Sports - Article 10 of the

International Convention against Apartheid in Sports exhorts its adherents to uphold
the "Olympic principles of non-discrimination" - the prohibition of discrimination on
the basis of race, religion or political affiliation embodied in the Olympic Charter.

116

Chapter 6

Olympic Truce
General

The dominant element and the reason why Ancient Olympics have gathered
admiration worldwide is the Olympic truce. Olympic truce can be perceived as an
early form of international law.
During the ancient Greek history the civil wars among cities-states were very often.
The idea of peace has been more intense in areas that have suffered the atrocities of
war. This is why the Olympic truce was considered to be so important in Ancient
Greece.
In 1896 the Olympic Games were revived. However, their revival was not
accompanied by a revival of the truce. On the contrary, while in the ancient times the
Games inhibited the wars, in the modern Olympics the war has prevented games
from being held. The Olympic Games of Berlin in 1916 were never held. The 1st
World War made it impossible for the Games to be organized. The Olympic Games
of 1940 and 1944 were also cancelled due to the 2nd World War. Even though Pier de
Coubertin had referred to the close link between sport and peace, even though the
Olympic Charters mentions that one of the fundamental; principles of the Olympism
is the promotion of a peaceful society187, no measure for the re-establishment of the
truce was taken until 1992. The year 1992 is considered to be the year of the modern
revival of the truce; a revival though which has almost nothing to do with the ancient
concept of the truce. Indeed, sadly the opening ceremony of the Beijing Olympics
2008 coincided with the beginning of the war between Russia and Georgia. All the
positive steps taken until that moment seemed to collapse and even the most
optimistic people started casting doubts on the functionality of the Olympic truce in
the modern era.

187

Introduction of Olympic Charter, Fundamental Principles of Olympism 2

117

1.The ancient truce

1.1. The foundation of the truce
It is a fallacy that Olympic Games as well as the Olympic Truce were established in
776BC. In reality at that year the Olympics were re-established. The combination of
constant armed conflicts among the city-states and an epidemic had culminated in the
inhibition of the holding of the Games for many years.188 During an unstable period
in Ancient Greece either in 884BC, the king of Ills Ifytos resorted to the Delphi
oracle, trying to find a solution to the atrocities that tortured the entire Greece.
According to the oracle, the old games should be revived and escorted by truce. 189 It
underlined that the truce should not only be based on an oral agreement or custom
but on a written law. So, the written law of the truce was written down on a discus
that was kept in the temple of Hera until the 2nd century AC.190 Therefore, the truce
was applied much earlier than 776BC. However, it had only the form of an oral
agreement among city-states or custom and subsequently the connection with the
Olympics was a little bit loose.
Besides, in Ancient Greece all the athletic games were linked with the temporary
inhibition of the armed conflicts. According to Homer191 when Patroklos died and
Achilles organized games to honour him, Greeks inhibited the conflicts against
Trojans and Achilles was reconciled with Agamemnon.
It is of pivotal importance, though, that the so far custom was embodied in a written
form. It was a kind of pan-Hellenic international law, which could be characterized
under the contemporary terminology as an international law act.192

1.2Procedure of declaration-heralds
In order to spread the news of the Truce before the beginning of the Olympic
festival, three heralds decked with olive wreaths and carrying staffs were sent out
from Elis to every Greek city-state. They were holding a stick which symbolized

188

Mouratidis I., Giannakis Th., Olympic Truce (electronic article) in www.ifose.gr

189

Pausanias, V.4.6.

190

Giannaki S., Giannakis Th., The impact of the truce law on the configuration of the
common consciousness of Greeks, in Lex Sportiva, Vol 4 (2005), (In Greek), Pafsanias, Iliaka
V 20, 1
191

Homer, Ilias

192

Mouratidis, Giannakis, op cit

118

their power.193 It was the heralds duty to announce the exact date of the festival, to
invite the inhabitants to attend and mainly to declare the Olympic Truce. 194 So, they
became known as the truce-beares (spondophoroi). They served not only as heralds
but also as full time legal advisers. They were considered to be holy persons and
protected by Jeus. They inspired respect to everyone and nobody was allowed to
prevent their duty. Initially the Truce lasted for one month but it was extended to two
and then three months in order to protect visitors who were coming from further
afield. In all cases the starting point was the day that the heralds began their journey.
The heralds started their journey on the first full-moon after the so-called therino
iliostasio, which is considered to be the beginning of the summer and the Olympic
Games were held in the second full-moon after that point. The fool-moon was
considered to be holy and this is one more piece of evidence about the holy character
of the Truce and the Olympics.

1.3.Content of the truce

As has been already mentioned the terms of the Truce were engraved on a bronze
discus that was kept in the temple of Hera in Altis. It imposed to the city-states to
abstain from any kind of armed conflicts among them. Further more, especially in the
wider area of Olympia, no armed soldier was allowed to enter. It was considered to
be a constantly inviolable and peaceful place. Additionally, during the Truce Courts
were not permitted to convict to death195 and death penalties were not executed. The
truce reached even the extend that thieves used to make a vow that they would not
commit any thefts during the periods of the Truce.196 It is considered to be admirable
that they did not merely swear that they would not commit thefts but they actually
did abstain from doing so. This is indicative of the pivotal importance of the truce in
the antiquity. Even the outlaws respected it. Finally, it should be also stated that
during this period people who had been exiled were allowed to return to their
homeland or even go to Olympic to watch the Games. Therefore, it is obvious that
the Truce was not limited to the temporary inhibition of the armed conflicts among
the cities-states but had a wider scope. It is believed that it had a deeper meaning
which involved moral values such as friendship among states and individuals,
lenience, forgiveness and sympathy. However, it should be pointed out that the scope

193

Ibid

194

Swaddling J., The Ancient Olympic Games, the British Museum Press, 3rd Edition,
London, 2004, p.11
195

Flavius, Appolonious Tianeus, book 7, p.172

196

Giannaki S., Giannakis Th., op cit

119

of the truce did not include external countries.197 Greek cities-states were free to be
in a war with any country outside the Greek wider territory without violating the
truce.
The reason of the compliance to the truce is no other than its holy basis. The truce is
closely linked with the term ierominia, which means holy month. So, the period
that the Olympics were held was considered to be sacred and this is why no form of
violence or human humiliation and confinement was permitted.

1.4.Violation of the truce-sanctions

Generally the Olympic Truce was respected by all the city-states and within the 1200
years of the organization of the Ancient Olympics only a few violations are reported.
This was mainly because the violations were considered to be disrespectful to the
Gods and could result in a punishment by the Gods. The violations were perceived as
crimes198 and subsequently followed by strict sanctions. The violators were not
allowed to participate in the Games199 and were also fined. The fine was called the
holy money and was mainly used to build bronze statutes of Jeus. Nevertheless,
things were not always ideal. There were some violations of the Truce. According to
the ancient historian Herodotus, the battle of Thermopiles in 480BC coincided with
the 75th Olympiad. Furthermore, in the following Olympiad of 476BC Themistocles
asserted pressure on the Greeks to attack against the leader of Syracuse Ieronas, who
was also there, because he refused to help the other Greeks during the war against
Persians.200 Even the powerful Sparta was punished for having violated the Truce in
the Games of 420BC. It should be also mentioned that Philipp the 2nd (the father of
Alexander the Great) of Macedonia apologized and accepted to pay the fine when his
soldiers prevented Athenians people from going to Olympia to watch the Games.201
Apart from the disqualification and the fine, the moral consequences were even
worse, since violators were stigmatized forever and were disrespected and ignored by
everyone.

197

Velissaropoulou-Karakosta I., the legal framework of the Ancient Olympics (In Greek),
in Klamaris/Bedimas/Malatos, Olympic Games Law, Ant.N.Sakkoulas Publications, Athens
2003
198

Pausanias, Iliaka, V 24, 9

199

Pausanias, Iliaka V2,2

200

Velissaropoulou-Karakosta, op cit

201

Albanidis, History of Sport in the Ancient Greek World, (In Greek), Thessaloniki 2004,
pp.66-68

120

1.5. The importance of the truce

During the Olympic Games and the inhibition of the armed conflicts the leaders of
the cities-states in conflict, had the chance to have a peaceful and fertile conversation
which often led to a settlement. Many peace treaties, such as the 30-year peace treaty
between Athens and Sparta were signed during the truce of the Olympic Games.
Another important peace Treaty was the 100-year peace treaty among Athens, Argos,
Ilis and Mantinea which was being renewed every 4 years in the Olympic Games.202
The most important contribution, though, of the Olympic truce was that it made all
the Greek cities-states understand that there were more things that unified them
rather than differentiate them. It made them develop their common Hellenic
consciousness and focus on the external dangers and enemies. Philosophers and
orators from all over Greece flocked every 4 years in Olympia, expressed their
opinions and beliefs and warned the people about the dangers of the constant
conflicts among cities-states. Olympia, also, was a cultural centre which gave the
chance to artists, sculptors, painters, poets, writers and singers from all over Greece
to present their work in a peaceful environment. The importance that Greeks attached
to the truce is even more obvious if we take into consideration that they considered it
as a Goddess, for the honour of whom they had erected a statute in the temple of Jeus
in Olympia.203
2.

The Olympic Truce in the modern era

2.1. Ideological background

As has been already mentioned, in 1896 the Olympics were revived. As the time
went by more and more countries started participating in the Games. Nowadays,
almost every country of the world, regardless of its size or its population participates
in the Games. However, the revival of the Olympics was not followed by the revival
of the truce. The Olympism is the goal to place sport as the service of harmonious
development of man, with a view to promoting a peaceful society. 204 However, that
principle was never really materialized. Since the revival of the Games, though, there
were many references to the need for peace and the connection between sport and
peace. During the procedures of the revival of the Games, in January 1894,
Coubertin sends a circular to various associations in France and abroad, making
known the proceedings of an International Athletic Conference. The most important
part of this circular was the sense of correlation of peace and internationalism to the
202

Giannakis, op cit

203

Giannaki, Giannakis, op cit

204

Introduction of Olympic Charter, Fundamental Principles of Olympism 2

121

Olympic Games.205 In the same year, the International Olympic Committee is

established aiming at placing sport at the service of the harmonious development of
humankind with a view to encouraging the establishment of a peaceful society
concerned with the preservation of human dignity. With the formation of the
International Olympic Committee the global society acquired another institution that
hoped to play an important role in the international relations, through sport.206
Coubertin was convinced that peace could only be effective if theoretical learning
was accompanied by personal experience. Olympic sport was the best way to achieve
this aim. Sport in the sense could become a vehicle to reform economy and politics
and thus society as a whole: The Olympic Games will be a potent, if indirect factor
in securing universal peace.207
When Coubertin conceived the idea of reviving the Olympic Games, he set as a
prerequisite that they should be international. Pierre de Coubertin who wished
Sport to belong to all races, passionately advocated equality in competition to
break through the barriers of racial and political ideologies.
Some years before, the environment for the development of such ideas was quite
positive. In 1889 the Inter-parliamentary Union was founded and the planning of the
first annual Universal Peace Congress was scheduled for Paris. The International
Peace Congresses viewed the establishment of peace education in schools and
universities as a permanent national mission of all countries in a world which
remained with international conflict. 208
Sport organized internationally was perceived as being a method of
internationalism. That international activities in sport, as well as in science, social
services, art and culture, were important aspects of a powerful international historical
trend outside the political peace movement.
205

Georgiadis, K., Revival of the Olympic Games in modern times, Athens: Ekdotike
Athenon S.A, 2003, p.65.
206

Panagiotopoulos, D., Law of International sport relations and institutions, AthensKomotini: Ant.N. Sakkoulas Publications, (in Greek) 1995, p.34.
207

Coubertin, P. de: The Olympic Games of 1896. In: The century Illustrated Monthly
Magazine, Vol. LIII, New A Series Vol.XXXXI, November 1896 to April 1897, p.53.
Reprinted in: Mller, N. (ed.): Pierre de Coubertin, Olympism, Selected Writings, Lausanne,
IOC, 2000, p.360., Rados C., The Olympic Truce: a contribution to peace and international
understanding, in the proceedings of the 16th postgraduate seminar on the Olympics studies
2008, Ancient Olympia Greece
208

First, Frederic Passy, with the aid of Jules Simon and a body of English Parliamentarians,
founded the Interparliamentary Union (IPU). Second, Passy and the Englishman Hodgson
Pratt, assumed leadership roles in planning the first annual Universal Peace Congress (UPC)
scheduled for Paris in 1889

122

In 1891, when Coubertin gave a speech in Paris, reflected strong images of peace
through international sport. He called for sportsmen to be peace ambassadors, as
part of peace efforts.209
In 1892, during a speech of his in Sorbonne, Coubertin made clear that he strongly
hold the conviction that world peace was not illusionary and international sport could
have a really positive contribution to it.There are people whom you call utopians
when they talk to you about the disappearance of war, and you are not altogether
wrong, but there are others who believe in the progressive reduction in the chances
of war and I see no utopia in this. It is clear that the telegraph, railways, the
telephone, the passionate research in science, congresses and exhibitions have done
more for peace than any treaty or diplomatic convention. Well, I hope that athletics
will do even more. 210
Furthermore, in his Ode to Sport he highlights the unique influence that sport
could have: O Sport, You are Peace! /you forge happy bonds between the peoples
/by drawing them together/ in reverence for strength which is controlled, /organised
and self disciplined./ trough you the young of the entire world /learn to respect one
another, and thus the diversity of national traits/ becomes a source of generous and
peaceful emulation! 211
Therefore, it can be deduced that when reviving the Olympic Games, Coubertins
main intention was to contribute to the cessation of the armed conflicts and to the
development of human international relationships. Sport was considered to be the
best vehicle to promote peace and international understanding between people.
Coubertins wish for peace was partly adopted by the Olympic Chapter, since the
two out of the nine fundamental principles of the Olympic Charter are about the
peace.212

Filaretos N., The Olympic Games Idealism and reality Reports of the 37th Session of the
International Olympic Academy, Ancient Olympia. 1997, pp.39-44 p.39
209

210

Coubertin, P. de : Selected Writings, ibidem, p.297.

Quoted from Mller, N., . Pierre de Coubertin. Olympism. Selected Writings. Lausanne:
International Olympic Committee, 2000, p. 630.
211

Art.3 The goal of Olympism is to place everywhere sport at the service of the harmonious
development of man, with a view to encouraging the establishment of a peaceful society
concerned with the preservation of human dignity. To this effect, the Olympic Movement
engages, alone or in cooperation with other organizations and within the limits of its means,
in action to promote peace.
212

Art.6 The goal of the Olympic Movement is to contribute to building a peaceful and better
world by educating youth through sport practised without discrimination of any kind and in

123

Indeed, sport has a unique power to unite people and bring them together, regardless
of their origins, their background, their complexion or their religion. It can contribute
to the international dialogue and understanding in a unique way. However,
unfortunately, until the early 90s there was no material form of the truce. On the
contrary, sport, instead of affecting in a positive way the international affairs, it was
negatively affected by the conflicts in the international scene. Beyond the inhibition
of the organization of the Olympics during the World Wars, the phenomenon of
boycotting the Games emerged. USA and USSR got involved in an Olympic
war, attaching an intense political element in the Olympics.213
As a world mega event Olympics have had a close relationship with politics since the
antiquity. However, since the early 90s this connection cannot be considered as a
desirable one. It made Olympics be a form of political pressure instead of being a
way to promote peace, dialogue and understanding.

2.2.The revival, the Olympic Truce Foundation, the UN contribution and the
EU attitude
It is encouraging that lately, there has been an attempt for the restitution of the
Olympic Truce. In 1992 the president of IOC at that time Juan Antonio Samaranch
took the initiative to discuss in the 99th session of IOC about the Olympic Truce,
suggesting that there should be a one-month inhibition of armed conflicts starting
from the 7th day before the opening ceremony of the Games.214 In this way IOC
appealed to the states for peaceful dispute settlement. Many NOCs supported the
IOCs proposal. So, in 1993 the president of IOC gave the General Secretary of UN
Putros Putros Gali the draft of the session. In 1993 there was a resolution in UN
about the existence of the truce. The General Assembly of UN asked the memberstates to respect the Olympic truce and to try to settle their disputes in a peaceful
way. The year 1994 was proclaimed the International Year of Sport and the Olympic
Ideal by the UN. Also, in 1995 the IOC president attended for first time in history the
UN general assembly.215
In 1999, one year before the Sydney Olympics 180 UN member-states voted for the
Olympic truce during these games. A little bit later the Congress of Millennium216,
the Olympic spirit, which requires mutual understanding with a spirit of friendship, solidarity
and fair play.
213

Nafziger, International Sports Law, 2004

214

Giannaki, Giannakis, op cit

http://www.olympic.org/uk/organisation/missions/truce/initiative_uk.asp

215

216

New York 6-8 September 2000

124

looked for a message of world friendship, good will and brotherhood. The Congress
finally adopted a declaration which encouraged the maintenance of the Olympic
truce and supported IOC to its attempt to promote world peace.
In 2000, the International Olympic Truce Foundation and the International Truce
Centre are founded as an ambitious undertaking by the International Olympic
Committee in cooperation with the Greek government. The International Olympic
Truce Foundation, as a non- governmental organization belonging to the Olympic
Movement, defines its actions around the following objectives:
-to promote the Olympic ideals to serve peace, friendship and understanding in the
world, and in particular, to promote the ancient Greek tradition of the Olympic
Truce,
-to initiate conflict prevention and resolution through sport, culture and the Olympic
ideals, by cooperating with all inter and non- governmental organizations specialized
in this field, by developing educational and research programs and by launching
communications campaigns to promote the Olympic Truce.
The International Olympic Truce Center is responsible for the implementation of
projects related to the global promotion of a culture of peace through sport and the
Olympic ideal. The Centers main headquarters are located in Athens, Greece, with a
liaison office in Lausanne, Switzerland, and a symbolic office in Olympia, Greece.217
The International Truce Centre for the promotion of the international fire seize,
recommended two programs. The first was a communication program and the
second, which was called education and institutional acts, intended to contribute to
the activation of peace initiatives on a local level.218 At the same time, three action
plans were formed and were relevant with the programs above. The first was the
communication plan, the second was the education plan and the third one was about
the areas in conflict and the promotion of Truce during an Olympiad.219
Angelos Syrigos, Director of the International Olympic Truce Centre states: Our
primary aim is to promote the ideals of peace and truce and put them into actual
practice. The concept of a world characterized by balance, stability, peace and

217

www.olympic.org, Rados C., op cit

218

Papandreu, G ., The Olympic Truce and the International Olympic Truce Centre, in:
Reports of the 41th Session of the International Olympic Academy, Ancient Olympia , 2001,
pp. 53-58, pp. 56-57.
219

Papandreu, G., Lambrinidis S., Press conference about the International Centre of
Olympic Truce, Information Service of Ministry of Foreign Affairs, Athens , 2002, pp. 1-14
p.2.

125

acceptance of the others different identities does not have to remain a dream. On the
contrary, we would be fully justified to focus on attaining such aims which sum up
the greatness of humanity. The Olympic Truce which is revived during the Olympic
Games and the Olympic Flame which crosses state borders convey a message of
optimism and the demand for a better future.220
In 2001 The 56th UN General Assembly and in 2003 the 58th UN General Assembly
adopted a resolution on the Olympic Truce in preparation for the Olympic Games in
Salt Lake City and Athens respectively. In 2004 more than 300 personalities
worldwide signed the Truce appeal. Many of them also signed the Truce Wall
created by the Greek Government during the 2004 Athens Games. The 60th UN
General Assembly adopted a resolution on the Olympic Truce in preparation for the
Olympic Winter Games in Turin. During the Opening of the Olympic Winter Games
in Turin in 2006, IOC President Jacques Rogge launched a strong appeal for peace.
The appeal was backed up by an impressive dove composed of human bodies and a
peace song sung on stage by Yoko Ono and Peter Gabriel. In 2007 the 62nd UN
General Assembly adopted a resolution on the Olympic Truce in preparation for the
Olympic Games in Beijing. A little bit later, the president of the International
Olympic Committee, Jacques Rogge, on occasion of the Lighting of the Olympic
Flame in Olympia, on the 24th March 2008 referred to the truce221, expressing his
wish for the truce to get materialized all over the world; a wish which was not
unfortunately satisfied, since the Beijing Olympics coincided with the war in
Georgia.
It should be also noted that lately international forums about the Olympic Truce have
been organized. The International Forum on Sport for Peace and the Olympic
Truce was held from 19 to 21 May 2007 in Olympia. It was jointly organized by the
Greek Government, the International Olympic Truce Centre, the International
Olympic Academy and the Greek National Olympic Committee. Also, a New IOC
Forum on Sport for Peace and Development is to be held in May 2009 uunder the

Syrigos, A., From Ancient Olympia to Beijing: Greek and Chinese artists discuss fair
play, war and peace: http: //www.olympictruce.org/events/beijingexhibition_speech1.php.
2008.
220

It all began here in Olympia, the place where the ancient Olympic Games were
celebrated. It is a place that has inspired and still inspires. It is the place that has also been at
the origin of the Olympic Truce, the Ekecheiria, the sacred truce that was proclaimed and
announced by the citizens of Elis who travelled throughout Greece to pass on the message.
Today we are sending out thousands of modern messengers over the five continents to spread
the message of Ekecheria. This message will be heard and understood in all corners of the
world whenever the torch passes by Rogge, J., Lighting of the Olympic Flame, Speech in
Ancient Olympia : www.olympics.org, 2008.
221

126

patronage of the International Olympic Truce Foundation (IOTF) and the IOC's
International Relations Commission.222
It should be mentioned that the EU has also adopted the need of the Olympic truce,
as can be indicated by the conclusions of the Treaty of Nice, creating a feeling that
the claim for truce is similar to the claim for an absolute radiation of the terrorism. It
is stated, though, that the EU could have an even stronger attitude towards the truce.
Therefore, one can easily find out that more or less all the international organizations
have participated in this claim for truce and peace. The interference of the Un,
though, seems to be really intense. They have developed quite a dynamic role for the
restitution of the truce. Of course their activity should be examined in total taking
into account the whole historical circumstances, since every Olympic organization is
armored for security reasons by measures and policies which are quite similar to the
ones taken during war conditions, rather that sport events, as states, international
organizations and the NATO itself are getting involved. From the moment that the
IOC decided to support the truce, he UN involvement can be considered to be sort of
indispensable. If the UN stayed idle, their non-interference would have been
institutionally inexcusable and symbolically unreasonable. Since sport took the
initiative to refer clearly to peace (even it is all about a time-limited peace), the UN
corresponding/assistance was inevitable institutionally. Subsequently, in the
dictionaries of the international organization this term has gradually emerged, there
are references to the IOC and the sporting movement interest, which exceeded the
level of the states and the super-national unions. The every-four-year renewal of this
claim and its promotion by the mass media can be nothing but educational for the
international community
The UN and generally the international law aspiration to acquire through the
Olympic truce a certain role in the Olympic organization is totally legitimate. We
live in a period that nobody casts doubt on the necessity of the UN existence.
However, there are still some reservations about the effectiveness of this interference
As the Olympics constitute a popular event for billion of people, they also constitute
the best theatrical scene for the UN to evolve their activity and make their presence
noticeable through their pressure for peace and truce. The facts though do not prove
that at all.223

222

http://www.olympic.org/uk/organisation/missions/humanitarian/full_story_uk.asp?id=2911

223

Trova E., Skouris P., The first Olympic Games of Europe, Metamesonykties
Publications, pp.191-192

127

2.3. The Olympic truce in effect

It is encouraging that the Olympic Truce has on some occasions worked in effect. In
1994 during the war in Sarajevo and the winter Olympics of LilleHamer, the appeal
for the observance of the Olympic Truce facilitated the participation of athletes from
the former Republic of Yugoslavia.224 Also, the armed conflicts stopped for one day
and UNISEF had the chance to visit Sarajevo and to vaccinate 10.000 children. Also,
during the winter Olympics of Nagano in 1998 USA had announced that was on the
verge of bombing Iraq but after an appeal from the IOC, the Greek government and
other governments the US refrained from bombing Iraq during the Games. During
this period the general Secretary of the UN, Kofi Anan visited Iraq and reached a
compromise, which despite its posterior violation, was a clear message that the truce
can result in permanent terminations of wars. Additionally, in 2000 during the
Sydney Olympics, the North and South Korea marched together in the opening
ceremony. Olympic Games were the motive for this step. One month later, there
were some families exchanges from both sides.225
Even though all the previous facts can be considered to be quite encouraging the war
that happened during the Beijing Olympics makes us reconsider the possibility of the
existence of the truce.
Probably the Olympic Truce has to be globally established and respected, having an
erga omnes force.

2.3.Potential avenues of a more effective revival?

All the aforementioned steps are definitely considered to be encouraging but it is
believed that they will never be effective enough. It is believed that both IOC and
UN should take measures in the direction of the re-establishment of the truce. What
we probably need is a legal commitment and not just a moral commitment.
IOC should proceed to more groundbreaking and innovative methods in order to reestablish the truce. Of course it cannot directly commit states but it could include
provisions in the Olympic Charter about the Olympic Truce, which would disqualify
from the Olympics the states that do not respect the Truce during the Olympics. It
could even impose a ban of disqualification from the Olympics for 2 or 3 Olympiads,
in case they violate the truce. Moreover, it is believed that the provision in the host
city contract committing the organizing state to make all reasonable efforts to

224

http://www.olympic.org/uk/organisation/missions/truce/initiative_uk.asp

225

Lamprinidis S., The Olympic Truce, in Klamaris/Mredimas/Malatos, Olympic Games and

Law, Ant.N.Sakkoulas Publications, Athens-Komotini, 2003

128

prevent armed conflicts within its territory is quite positive and encouraging.226
However, in respect of the participating countries, it is believed that the respective
NCOs should be told in no uncertain terms that any deviation of the truce would lead
to the disqualification of the athletes of the respective country. Actually, probably
there should be a real commitment of the participating states. This could happen with
a guarantee of each state government that it will not get involved in any kind of
armed conflicts during the period of the Truce. As the host city contract includes a
guarantee committing each organizing states government for the respect of the
contract, there should be a requirement that each state in order to participate in the
Games should provide a written guarantee of its government that it will not violate
the truce.
UN could play a more active role too. It should encourage states to make an
international Treaty about the Olympic Truce, which would make clear the details of
the truce and the consequences of any violation. Furthermore, provisions about the
Truce could be included in the UN Charter and more specifically in the chapter VII
of the Charter. In articles 41, 42 financial, diplomatic and military sanctions are
provided in case that a state use unreasonable violence in its relations with other
states. It is submitted that the violation of the truce during the Olympics should be
perceived as being unreasonable violence and financial and diplomatic (but not
military) sanctions should be imposed to the violating state.
A good step would also be the non-recognition by the international society of any
territorial change if it happened after a violation of the Olympic truce.
Finally, it is of pivotal importance that educational programs should be carried out in
schools and universities for all the young people throughout the world to conceive
the essence of the truce in ancient Greece and the necessity of its revival. The EU
could have a vital contribution to this direction. It would be interesting to examine
the results of a potent EU directive or regulation, but is it believed that such an
initiative would not be effective. Besides, it would be committing only for the EU
member-states.
On the other hand, it is not certain whether sanctions like the above can guarantee the
application of the truce. On the opposite, they could probably provoke some
categories of people and lead to opposite results. Besides, nowadays, wars are not
only conducted by countries but mainly by some kind of terrorist groups which on no
account could be stopped by a potent establishment of the truce. It should be also
made clear that sanctions by the IOC should be only an ultimum refugium and under
no circumstances should be imposed to countries which are only defending their
territory and their freedom. Furthermore the idea of the UN involvement should be
also perceived as a very exceptional and extraordinary measure, which should also
226

e.g.s.XI of the London 2012 host-city contract

129

used as a last resort if all the other measures for the establishment of the truce have
failed.227
It is believed that peace cannot be enforced and this is why international
organizations should be extremely careful when they are to impose any kind of
sanctions. Therefore, out of the aforementioned solutions that are provided above the
one that should be applied first is the one about the development of educational
programs about the truce. It is still alleged that there should be some kind of legal
commitment. There should definitely be at least a reference of the truce in the
Olympic Charter. Sanctions should be provided only as long as a country
predominantly develops an unreasonable and belligerent attitude and attacks other
countries without reason. Of course the unreasonable character of the attitude will
be very difficult to prove. However, in case we want the Olympic truce to work in
effect we should accept that there should be a legal commitment and enforcement.
All the above recommendations may sound brave or illusionary. Probably the entire
idea of a truce in the contemporary world can be considered to be a utopia under the
present circumstances. It has been claimed that the contemporary breadth of values,
beliefs and religious affiliations makes it rather impossible to build a common basis
for laying down arms.228 In fact, how could the IOC ask the US government to
respect the truce when it continuously assaulted Afghanistan during the months of
Ramadan?229 However, if we take into consideration that the truce worked thousands
years ago, why is it an illusion to work in our civilized and modern society as well?
Of course, the success of the ancient truce is mainly a result of its sacred character,
which is absent nowadays. The permanent elimination of wars is impossible.
Unfortunately, people and states will always resort to violence in order to satisfy
their aspirations or protect their rights. Besides, there are terrorist groups which
could never comply with these kinds of rules. However, it is believed that a
temporary inhibition of the armed conflicts is not a utopia and even if we cannot
reach the respect that the ancient truce enjoyed, by intricate educational programs
worldwide and a legally committing re-establishment of the truce the violence at
least during the period of the games would be limited.
The revival of the truce could definitely have a very positive impact on the world
peace. The temporary inhibition of the conflicts could easily lead to the permanent
one and this is why it is highly recommended that a way should be found for the
revival. This is why it is strongly recommended that tangible and committing
227

Alexandrakis V., The Olympic Truce in Ancient Greece and potential avenues of its
revival, in Proceeding of the 16th postgraduate seminar on Olympic studies 2008, Ancient
Olympia Greece
228

Miah A., Garcia B., The Truth about the Olympic Truce, Rights, rensposibilities and the
impossibility of being global and apolitical, in Culture@the Olympics, 2002:vol. 4, issue 4,
pp.9-12, www.culturaolympic.org.uk
229

ibid

130

measures should be taken for the revival of the most important aspect and legacy of
the ancient Olympics.

131

Chapter 7
DOPING
1. General
Nowadays, doping is a disease for sport and human society. It derives from the
Dutch word dop, a beverage that Zulu warriors used prior to battle230. The term
became current at the early 20th century in reference to illegal drugging of racehorses. It is not just a problem, but the problem of contemporary sport231. Sport
and doping were originally two totally opposite terms. Sport has been always
considered to be the important and fair attempt of an athlete to outrace himself and
prevail over others in a fair competition. It is closely linked with the terms of fair
play and personal and public health, since it is well-known that sport has a really
beneficial effect on peoples health. On the other hand, doping leads to exactly
different results. It is totally inconsistent with the fair play principles while there is
scientific evidence that it could have an immoderately detrimental effect on peoples
health. Nevertheless, doping is a basic characteristic of modern sport, a characteristic
which has led a lot of people to keep their distance from sport and hate it. Sportsmen
no longer compete for an olive branch but for important commercial contracts and
financial benefits. The commercialization of modern sport and the rapid development
of doping in sport are closely linked. Doping is sports greatest enemy and it should
be done away with. The main reasons for the necessity of a ban on doping are that
doping provides the ones who use doping methods with an unfair advantage that they
should not have, it is dangerous for athletes since it could have a detrimental effect
on their health and it totally damages the integrity, the image, the values and the
spirit of the sport, which are based on fair play. Society, in order to prevent sport
losing its importance has tried to take measures against doping. So, a draconian
legislation has been taken into action in order to abolish doping methods at a
national, international and European level. This legislation includes very harsh
sanctions for the violators, which include the lifetime ban of any sporting activity.
Besides, doping in some countries is criminalized and therefore, could lead to the
deprivation of personal freedom.
Performance-enhancing substances have been used in societies from time
immemorial. This was described as early as 5,000 years ago by Shen Nung, Chinese
emperor around 2800 BC, and venerated as the Father of Chinese Medicine. He is
230

Mavromatis A. Sport Crimes, Ant.N.Sakkoulas Publishers Athens- Thessaloniki 2005,

p.232
231

Cox N., Legislation of Drug Use in Sport, in International Sports Law Review, 2002

132

believed to have introduced the technique of acupuncture. The first written record
about herbal medicine was compiled in 1065-771BC, Shen Nung Pen Tsao Ching,
Divine Husbandmans Classic of Materia Medica, the earliest Chinese
pharmacopoeia232. Later, Egyptians slaves were fed with elixirs in order to retrieve
stress and in Ancient Greece, athletes used to eat supposedly energy boosting
substances prior to activity, while they are said to eat lamb testicles (a kind of
contemporary testosterone) to enhance their capacity. Inca Slaves were, also,
considered to work better after chewing coca leaves. In modern sport history, doping
was first mentioned in the Olympic Games of Sent Louis in 1904 when the gold
winner of the Marathon, Thomas Hicks, used strichnine and brandy before and
during the race. After finishing, he lost consciousness. He kept his gold medal, since
doping was not banned at that period. During the Second World War concentration
camp supervisors gave nandrolone and testosterone to enhance recovery from
starvation. In the Olympics of Rome 1960 the cyclist, Gnout Jenssen from Denmark
finished first but died some hours after the race. Afterwards it was proved that he had
used substances233. As the years went by doping was rapidly on the increase. New
methods of doping were invented and more and more athletes were found positive.
There were many famous doping scandals, such as the ones of Ben Johnson, Tim
Mongomery and the recent one of Marion Jones. So, society could do nothing but try
to face this problem in an effective way in order to eliminate it. The only way was a
draconian legislation.

2. The International response

From the early years of the emergence of doping, International Federations tried to
bring forward regulations against this phenomenon. IAAF was the first International
Federation (IF) which banned doping in 1929, followed by FIFA and UCI (cycling)
in 1966. In 1976 the International Olympic Committee banned anabolics steroids and
in 1979 blood doping. Soon, all the IFs had their own regulations against doping
followed by disciplinary measures and sanctions. Since 1983 the Court of Arbitration
for Sport (CAS) has dealt with many doping cases. Doping represents 60% of
arbitration conducted by CAS234. In 1998 a large number of prohibited medical
substances were found by the police in a raid during the Tour de France. The Tour de
France scandal highlighted the need for an independent international agency, which
would set unified standards for anti-doping work and coordinate the efforts of sports
organizations and public authorities. The IOC took the initiative and convened the
World Conference on Doping in Sport in Lausanne in February 1999. Following the
232

http://www.dopingjouren.se/page.asp?page=history

233

Tsounakos O., 1896-2004, beyond the others, these happened too (In Greek), Iliotropio
Publication, Athens 2003, p.118
234

McLaren R., Doping Sanctions, What Penalty, in I.S.L.R. 2002

133

proposal of the Conference, the World Anti-Doping Agency (WADA) was

established on 10 November 1999. WADA is structured on the basis of equal
representation of the Olympic Movement and Public Authorities. In 2001 WADA's
Foundation Board voted to move its headquarters from Lausanne to Montreal. The
Montreal headquarters were inaugurated in April 2002. The development of
harmonized, universally accepted anti-doping regulations reached a pinnacle in
March 2003 when WADA revealed its anti-doping Code in Copenhagen and the
Copenhagen declaration which followed suggested that governments, at least in
theory, supported WADAs efforts. The Code rather than being seen as a model set
of regulations, should be viewed as a number of basic requirements with additional
recommendations235.
The Code introduces strict liability for doping offences, includes rules about testing (
ar.5 ) and sanctions ( ar.10 ). The rule about strict liability seems to be a really rigid
one. Its consistency, though, with principles such as the presumption of innocence236,
n.c.n.p.s.l.certa237, nulla poena sine culpa is really doubtful238. International
Federations should harmonize their regulation with the Code. Anti-doping regulation
consists of two basic elements: (1) a catalogue of doping offences; and (2) a series of
sanctions to be imposed when an athlete is found to have committed such offences.
The most common doping offence is the presence of a prohibited substance (i.e. a
substance appearing on the list of prohibited substances and methods) in the
athlete's body. The classic sanction for doping is suspension (or imposition of an
ineligibility period), during which the athlete is prohibited from participating in any
competition. This may be a very harsh penalty, in particular for professional athletes.
Little wonder that doping litigation is an increasing phenomenon. In some cases, the
athlete contests the validity of the analysis of their bodily specimens. However, the
vast majority of doping disputes relate to the sanction imposed- athletes often claim
that such sanctions are unlawful and/or unduly harsh (i.e. disproportionate). As in
many other fields of law, human rights are playing a growing role in doping disputes.
This trend is evident both in CAS jurisprudence and in recent case law of national
courts. 239

235

Gardiner S et al, Sports Law, Cavendish Publishing 2005, p.272

236

ECHR ar 6 par.2

237

nullum crimen nulla poena sine lege, Greek Constitution article 7par.2, Greek Criminal
Code ar.1, Androulakis N.,Criminal Law, General Part, Ant.N.Sakkoulas Publishers, AthensKomotini 1994
238

Rigozzi, Kaufmann-Kohler, Maliverni, Doping and fundamental rights of athletes:

comments in the wake of adoption of the World anti-doping Code, in ISLR 2003
239

Ringonzi, Kaufman, Maliverni, ibid

134

3.DOPING AND EUROPEAN UNION

Europe has also shown a great interest in doping. In 1975 the European Ministers
adopted a European Charter Map against doping, in which they were committed to
take measures against doping. In 1989 in Strasburg the member-states signed the
European Convention against doping in which a list of the prohibited substances was
included.240
Furthermore, the European Council of Vienna on the 11 and 12 of December 1998
expressed its concern about the expansion of the doping phenomenon. In its
conclusions, it was pointed out that actions at a European level should be taken. The
Commission and other sporting authorities were asked to study and examine possible
measures for the fight against doping.
The European Commission, taking into account the severity of the problem, the
series of the scandals that had arised within the territory of the member-states, in
particular pertaining to the doping controls and the sanctions and the fact that the
ratio of the measures against doping concern not only the internal market policy but
also the public health, could not remain idle towards this problem. Besides, it was the
European Commission that declared that sport is a big business nowadays. 241 It
announced a financial aid of 2 million euros to the WADA programs. Its
contribution mainly focused on the creation of educational programs about the
activity of WADA as an independent observer and about the passport project of
athletes which enables every athlete to gain access to anti-doping information.
Nowadays, the EU is limited to the moral support of the WADA mission. In 2002 it
was announced by the Commission that the EU would not take part neither in Wada
function nor in future fundings, since the legal and financial requirements were not
met. In the future it could possibly examine its active interference. However, it has
to be noted that all its member-states participate individually as states in the funding
of the WADA.
All this activity of the European actors makes clear that the doping problem
constitute a major community matter, for which a unified and harmonized and
cohesive confrontation by the Community law is required.
Beyond this, the European Commission proceeded in an announcement of a project
about the community support on the fighting against doping in sport. This
announcement was aiming at presenting the activities that the Commission was
planning to take in order to correspond to the necessity of fighting doping. As

240

Panagiotopoulos D., Sports Law, Nomiki Vivliothiki Publication, Athens 2006

241

Gardiner et al, Sports Law, Cavendish Publishing, London-Sydney 2005, p.158

135

regards this matter, the Commission makes some remarks, which are of great interest
and simultaneously make clear its general position towards this matter.
First of all, a different content of the term doping can be detected. Its content is no
longer the same as in the pat and no longer constitutes a sole act at the day of the
game. On the contrary, it is about a systematic practice, that athletes and teams are
taking advantage of. It is characteristic that there are now substances which are used
in order to prevent prohibited substances from being detected.
Beyond of the problem itself, though, importance is attached to potent causes of the
problem. In the opinion of the Commission, the basic reason is the
commercialization of sport. It is true that nowadays the explosion of the TV
broadcasting rights as well as the huge amounts of money that the sponsorship
contracts involve, have provided sport with an intense commercial character. On no
account could one speak today about amateur sport, which aims exclusively at the
body development. The commercialization and the publicity rights that accompany it
led to the rapid increase on the sporting organizations and to a subsequent reduction
of the athletes resting time. This culminates in the limitation of the duration of the
career peak of the athlete, which reasonably increases the pressure for success and
high performances. This should be also approached under the fact that the athletes
who now begin their career are of younger age, therefore more prone/vulnerable to
these kind of temptations. It should be also kept in mind that the sponsorship
agreements, which usually constitute the basic source of income for the athletes, are
closely linked with the result and the performances. Thus, a high performance is now
indispensable for the survival of an athlete and consequently the resort of doping
sounds quite appealing for them.
The Commission considers that the fight against doping can constitute an excellent
example on how the community action can contribute to the resolution of great
problems reinforcing the effort conducted at national level. In this way, it can
correspond to the expectations of the European citizens, respecting both the principle
of subsidiarity and the principle of autonomy. From this remark it can be deduced he
role that sport can play at a level of common application of the community law and
subsequently a totally political role.
At the framework of the confrontation of doping the Commission is orientated in
threefold approach:
Gathering of specialists opinion as regard the deontological, legal and scientific
dimension/aspect of the phenomenon. For this reason the Commission has asked for
the opinion of the European Group of Deontology
Contribution to the preparation of the World Anti-Doping Congress
Activation of the community mechanisms aiming at the completion of the
activities run by the member-states and at the offer to this activities a community
136

dimension, taking into account among others the increasing mobility which
characterizes the European sport and the community competences as regards the
phenomenon of doping.

The Commission was also committed to take into consideration the elements from
the opinion of the European Group of Deontology. This opinion is based on certain
principles that should underpin every element of the community action. These
principles are concentrated on the right of security and health, on the principle of
integrity and transparency in organizing sporting games and on the attention required
when dealing with vulnerable groups, such as children.
The European Group of Deontology proceeded to
recommendations. The most important ones are the following:

presenting

certain

Creation of an effective system for the protection of the athletes health with the
foundation of a special service for medical and psychological assistance

Approval of a directive for the protection of young athletes, especially of those

who are interested in a professional career in sport

Approval of certain provisions for the protection of athletes as an professional

group which faces certain dangers

Encouragement of an epidemiologic research on the athletes health

Cooperation with the sporting movement for the organization of congresses on

doping and athletes health

Sensitization of teachers in the matter of sport deontology

Increased cooperation of judicial and police authorities

Clear reference about doping and its ban in the athletes contracts

European conference on doping and approval of a mutual declaration,

equivalent of the code of right practice in the field of sport

A second level of the EU interference in the field of doping is the participation in the
WADA, as has been mentioned above. It has to be mentioned that about the patent of
the charter of this organization there was an agreement between the IOC and the EU
in a meeting which was held on the 2nd November 1999.
Finally the Commission considers that one more dimension for the fight against
doping could be the activation of the community mediums. For this reason on the one
hand the improvement of the control of the measures of normative character is
anticipated, on the other hand community programs should be carried out which
could support the positive energies on the fighting against doping. The effectiveness
of the fighting of this complicated matter, though, is mainly linked with the
137

guarantee of an effective coordination and cooperation among the various competent

authorities in each field of their competence (sporting community, states,
international organizations, European Union, WADA, etc.)
Its basic activities are the following:
emphasis on researches on anabolics, detection methods, doping impact on the
health and confrontation of doping as a socio-economical phenomenon
activation of educational programs for educating, informing, sensitizing and
preventing the youth
absolute exploitation of the possibilities that the cooperation between the judicial
and the police authorities offers
reinforcement of the informing about drugs
development of activities in the field of public health policy
It is totally clear that the problem of doping in sports is not faced by the EU as a pure
sporting matter, but as a matter closely linked to public health. Therefore, it is not
willing to let this matter be faced by exclusively sporting institutions. It claims its
active participation in the designing drafts and the introduction of rules for its
successful resolution. In this attempt of it, the EU shows of course its intention to
cooperate with all the competent authorities, which is reasonable, since they have the
necessary know-how.
Beyond that, though, the Commission totally acknowledges that its successful
interference in the dealing with this major contemporary issue constitutes a great
opportunity of demonstrating the community action. Doping is associated with sport,
which as an issue concerns a great number of citizens in the member states. It is
reasonable therefore that the Community shoes an interest in this issue, given that
any activity of it could be easily recognized and perceived by the total European
population.
Besides, for this reason the intense community interest in doping is not so recent.
Already, since December 1990 there was a relative resolution of the Council. The
aim of that resolution was the maintenance of the health of the sportspersons by
activities aiming at contributing to the fight against doping. 242 Also, before the
Barcelona 1992 Olympics, the Council had taken another resolution pertaining to a
Code of Behaviour for the fight against doping.243

242

Resolution of the governments of the member-states, which were gathered on the 3rd
December 1990 for a common action of fighting against doping, including the abuse of drugs
in sport, Official Journal C 329, 31/12/1990
243

Resolution of the representatives of the governments of the member-states, gathering in the

framework of the Council about the Code of Behaviour for the fight against doping in
sporting activities

138

The activity of the European Union regarding doping in general and Olympic Games
of Athens in specific is clear after all that has been mentioned above. However, even
though at the two last Olympiads the incidents of doping were increased and some of
the cases concerned citizens of EU member states, no community interest and no
cooperation with the competent sporting authorities was noticed recently.
Now, after the entry into force of the Treaty of Lisbon or Treaty on Functioning of
the European Union and the new competence of the EU over sport, doping will be
clearly one of the priorities of the EU, judging from the word of article 165.The
reference to the promotion of fairness and openness in sporting competitions In
conjunction with the reference to the protection of the physical and moral integrity of
sportsmen and sportswomen leads directly to the issue of doping. It is clear that the
EU will curry on contributions to the fight against doping. Evidently, the EU should,
based on Article 165 paragraph 2 of the TFEU, cooperate with WADA, sports
organisation, public authorities and the Council of Europe. The EU Institutions
should play a crucial role in encouraging EU Member States within the EU Council
to adopt legislation or policies that are in accordance within the WADA Code, and
should strengthen the implementation thereof. Based on the existing share of
practices coordinated by the European Commission within a specific working group,
this cooperation could be further developed and also include judicial and police
cooperation across the EU on doping networks and trafficking. However, doping is
also an area where inconsistencies between the sport associations regulations and
the EU law can be found. For instance, the doping control and whereabout systems
lead to inconsistencies with the Data protection Directive244 and also the European
Convention of Human Rights.245Doping can be also an area that is caught by the

244

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on
the protection of individuals with regard to the processing of personal data and of the free
movement of such data, Official Journal L 281, 23/11/1995 p.0031-0050, for this issue there
is a special working party, set-up by the Commission, Article 29 Data Protction working
party, an independent EU advisory body on data protection and privacy.
(http://ec.europa.eu.justice_home/fsj?privacy/docs/wpdocs/tasks-art-29_en.pdf), Petritsch G.,
Wadas Wereabouts System, Athleets right to pay?An abstract of the latest developments,
in International Sports Law Review Pandektis, Vol.8:1-2, 2009
245

Prima facie, the doping regulations violate many fundamental human rights. Firt of all,
from article 10 of the ECHR, we could derive a right to sport. Article 10 establishes the
fredom of expression, which includes the physical expression, that is sport. It, also, includes
the freedom to express somebodys self by participating in sport as a spectator. According to
article 10.2, any restriction to this right should have a legitimate aim, should be prescribed by
and should satisfy the principle of proportioniality. By preventing an athlete from competing
on a temporary or permanent basis, this right is violated. Therefore, doping could be legal
only if satisfies the prerequisites of article 10 par.2. This is not the only right that doping
regulation violates. The doping tests as well as the doping sanctions could violate the
fundamental right of personal liberty and privacy, which is established by the ar. Article 12 of
the Universal Declaration of Human Right, and the Article 17 of the UN Covention on Civil
Rights. It can be also deduced by the ar 8 of the ECHR. Indeed, since athletes could undergo

139

ambit of the article 83 paragraph 1 of the TFEU. This article provides that The
European Parliament and the Council may, by means of directives adopted in
accordance with the ordinary legislative procedure, establish minimum rules
concerning the definition of criminal offences and sanctions in the areas of
particularly serious crime with a cross-border dimension resulting from the nature
or impact of such offences or from a special need to combat them on a common
basis. These areas of crime are the following: terrorism, trafficking in human beings
and sexual exploitation of women and children, illicit drug trafficking, illicit arms
trafficking, money laundering, corruption, counterfeiting of means of payment,
computer crime and organised crime. Indeed, doping can be caught by the ambit of
the term illicit drug trafficking and therefore, the EU can have a wider and
stronger competence regarding the fight against doping, which can reach the level of
harmonization of laws.

Doping and European Convention of Human Rights

Prima facie, the doping regulations violate many fundamental human rights. First of
all, from article 10 of the ECHR, we could derive a right to sport. Article 10
establishes the freedom of expression, which includes the physical expression, that
is, sport. It, also, includes the freedom to express somebodys self by participating in
sport as a spectator. According to article 10.2, any restriction to this right should
have a legitimate aim, should be prescribed by law (including the common law, e.g.
in RvHowell246 the restriction was sufficiently prescribed by law) and should satisfy
the principle of proportionality. By preventing an athlete from competing on a
temporary or permanent basis, this right is violated. Therefore, doping could be legal
only if satisfies the prerequisites of article 10 par.2. This is not the only right that
doping regulation violates. The doping tests as well as the doping sanctions could
violate the fundamental right of personal liberty and privacy, which is established by
the ar. Article 12 of the Universal Declaration of Human Right, and the Article 17 of
the UN Convention on Civil Rights. It can be also deduced by the article 8 of the
ECHR.247 Indeed, since athletes could undergo anytime and anywhere (even in their
home) a doping control this right is definitely violated. Furthermore, many legal
anytime and anywhere (even in their home) a doping control this right is definitely violated.
Furthermore, many legal commentators have observed that anti-doping rules may restrict the
right of an athlete to a fair hearing and the right to be presumed innocent (article 6 par.2
ECHR), specifically if and to the extent that such rules provide for a doping offence and/or a
sanction irrespective of any fault on the part of the athlete. The right to a fair hearing is
widely recognised as a fundamental human right, something which is also highlighted by the
European Anti-Doping Convention (article 7.2d).
246
1981 AllER 383
247

Rigozzi, Kaufmann-Kehler, Maliverni, op cit

140

commentators have observed that anti-doping rules may restrict the right of an
athlete to a fair hearing and the right to be presumed innocent ( article 6 par.2 ECHR
)248, specifically if and to the extent that such rules provide for a doping offence
and/or a sanction irrespective of any fault on the part of the athlete. The right to a fair
hearing is widely recognized as a fundamental human right, something which is also
highlighted by the European Anti-Doping Convention (article 7.2d). Moreover, a
very important right which is violated by the doping sanctions is the right to work
(article 1 of European Social Charter). As a matter of fact, sportspeople are now
remunerated for their sporting activity. They earn their living by doing sport. If they
are permanently or temporarily suspended, they can no longer make ends meet. So,
doping regulation could be considered to constititute restraint of trade. But it would
be really difficult for somebody to prove that is an unreasonable restraint of trade,
even though there is such an opinion.249 Inconsistencies could arise between the
freedom of religion and the blood-doping test. Of course all these rights have vertical
effect and are applied initially in the relations between the State and the citizens.
Even if it is argued that European Union should not have a horizontal effect and
therefore should not be applicable to doping regulation, it is stated that these rights
do have a horizontal effect (ECHR 6), which means that the court should apply the
European rights to private relationships250. In the Greek Constitution it is clearly
mentioned that human rights have a horizontal effect in private relationships ( ar. 25
).251 These rights, however are not absolute. According to the jurisprudence of the
European Court of Human Rights a restriction is acceptable if it satisfies the
following 3 conditions: 1) it is prescribed by law 2) it has a legitimate aim 3) it is
proportionate. The first two prerequisites seem to be satisfied but there is really a
doubt if the draconian legislation of doping is actually proportionate. The principle of
proportionality is further analyzed in three narrower elements: capacity, necessity,
proportionality in stricto sencu (the disadvantages for the individual should not
outweigh the advantages of the restriction).252 The principle of proportionality could
be perceived as being the most powerful enemy of the doping regulation. Doping
sanctions quite often have to face the proportionality-test challenge. CAS has to deal
with many relevant cases. The European Court of Human Rights, dealing with some

248

Androulakis N., Basic principles of the criminal trial, 2nd Edition, Ant.N.Sakkoulas
Publishers, 1994, p.190
249

Cox N., legislation of drug use in sport, in ISLR 2002

250

Beloff, Kerr, Demetriou, Sports Law, Hart Publishing, Oxford-Portland Oregon 1999
p.234
251

Hrisogonos K., Personal and Social Rights, 2nd Edition, Ant.N.Sakkoulas Publishers,
Athens-Komotini 2002
252

Rigozzi, Kaufmann-Kehler, Maliverni, op cit

141

relevant cases has decided that there is a legitimate reason for the restriction.253 The
European Comission was led in the same result in the case Galloway v United
Kingdom254 . It has to be mentioned here that the whole doping ban was recently
challenged on the grounds that is not consistent with European competition law.255
Finally, the court did not allow the claimants appeal.256
The Meca-Medina Judgement
In Meca-Medina the European Courts were asked to address squarely the application
of the competition rules to sport. Two long distance swimmers tested positive for
nandrolene and were suspended for four years by FINA (reduced to two years on
appeal to the Court of Arbitration for Sport) for breach of the anti-doping regulations
set by the IOC. Meca-Medina engaged in a number of publicity stunts to draw
attention to what he saw as the unfairness of the ban. The swimmers brought a
complaint to the Commission alleging the IOC was in breach of Arts 81, 82, and 49
EC, alleging: first, that the anti-doping rules were anti-competitive within the
meaning of Art.81 EC; and secondly, the setting of a limit for the amount of
permissible nandrolene was a concerted practice between FINA, the IOC and the
accredited network of testing laboratories and thirdly, the dispute settlement system
established by the IOC was anti-competitive.
The Commission rejected the complaint by a decision which is not fully reasoned.
While the decision states that the IOC may be classified as an undertaking, and an
association of undertakings, within the scope of Art.81 EC, the Commission decided
that the rules and alleged concerted practices of the IOC did not fall within the scope
of the economic activities of IOC and FINA.257
The two swimmers lodged an appeal within the Court of First Instance. The CFI
began by repeating the orthodox judicial view that sport is subject to Community law
only in so far as it constitutes an economic activity within the meaning of Art.2
EC.258 It then attempted to insist that anti-doping rules concern exclusively noneconomic aspects of sport, designed to preserve noble competition 259and therefore
outside the scope of the EC Treaty.260

253

X v Netherlands ( 1979 ), 16 DR 184, X v Austria ( 1980 ) 18 DR 155

254

Unreported, September 9 1998 ) European Commission of Human Rights

255

EC ar.81, 82

256

Meca-Medina and Majcen v Commission C-519/04 ECJ

257

Szyszczak E., Competition and Sport, in European Law Review, 2007

258

at 37

259

at 49

142

The ECJ, judging in appeal, found that the CFI had erred in considering the IOC antidoping rules as ones of purely sporting interest. It found that the IOC's rules on
doping control fell within the scope of Community competition law, but that they
were compatible with it, as they did not go beyond what was necessary to ensure the
proper conduct of competitive sport. More specifically, the ECJ acknowledged that
the penal nature of the anti-doping rules at issue, and the magnitude of the penalties
applicable if they were breached, were capable of producing adverse effects on
competition because they could, if penalties were ultimately to prove unjustified,
culminate in an athlete's unwarranted exclusion from sporting events, and
subsequently in impairment of the conditions under which the activity at issue was
engaged in. Also, in order not to be covered by the prohibition laid down in Art.81(1)
EC, the restrictions thus imposed by those rules had to be limited to what was
necessary to ensure the proper conduct of competitive sport
Rules of that kind could prove excessive by virtue of, first, the conditions laid down
for establishing the dividing line between circumstances that amounted to doping in
respect of which penalties could be imposed and those that did not, and secondly, the
severity of those penalties. Here, that dividing line was determined in the anti-doping
rules at issue by the threshold above which the presence of Nandrolone in an athlete's
body constituted doping.
However, the ECJ held, the appellants had failed to establish that the Commission
made a manifest error of assessment in finding that rule to be justified. Having regard
to scientific knowledge as it stood when the anti-doping rules at issue were adopted,
and even when they were applied to punish the appellants, in 1999, the threshold was
not set at such a low level that it should be regarded as not taking sufficient account
of the phenomenon of endogenous production of Nandrolone. The rules could
therefore be regarded as justified in light of the objective that they were intended to
achieve.
Since the appellants had, moreover, not pleaded that the penalties that were
applicable and were imposed in their case were excessive, it had not been established
that the anti-doping rules at issue were disproportionate.261
Therefore, even though the ECJ has finally let doping survive the EU law challenge,
it is quite interesting that it has proceeded to a pure application of the EC competition
law in the IOC doping rules. That means that under different circumstances, if it had
found that the rules were disproportionate it would have turned the whole IOC
system upside down. Probably it was a political decision to let doping rules survive
because probably it could never handle the crisis that would be invoked by a
different decision.

Weatherhill St., Case Comment:Anti-Doping Revisited-the demise of the rule of purely

sporting interest, in European Competition Law Review 2006
261
IOC doping rules subject to competition law, Case comment, EU Focus 2006
260

143

More about the proportionality: Is doping really proportionate?

The objectives of the doping regulation are stated in the introduction of the WADA
anti-doping code:
To protect the athletes fundamental right to participate in doping-free sport and
thus promote health, fairness and equality for athletes world-wide
To ensure harmonized, coordinative and effective anti-doping programs at the
international and national level with regard to detection, deterrence and prevention of
doping
Later in the introduction of the Code it is stated that the doping -programs seek to
preserve the the spirit of sport, which is characterized by the following values:
ethics, fair play and honesty, health, excellence in performance, character and
education, fun and joy, teamwork, dedication and commitment, respect for rules and
laws, respect for self and other participants, courage, community and solidarity.
The basic reasons of the regulation against doping could be considered to be based
on the following three disadvantages of doping: 1) it provides an unfair advantage 2)
it creates danger to health and other competitors 3) it damages integrity, image, value
and spirit of sport. The elimination of these disadvantages prima facie seem to be
important enough to justify the doping legislation. However, there is an opinion,
according to which the objectives of doping are contradictory and doping regulation
is not justified.
1) unfair advantage
Doping enhances the ability of the athletes, making them stronger and faster, which
make the competition unfair for the clean athletes. If some athletes are using drugs
then they are gaining an unfair advantage over other athletes, who will either use
drugs to keep up with them (thereby placing their own health at risk) or else will
simply not succeed in sporting contests. Drugs should be banned, then, to level the
playing field . It is totally unfair for athletes who were struggling for years in
training to be defeated by other athletes who just made use of drugs. There is an
opinion though which supports that inequities in sport are inevitable, since the
athletes are not all of the same height, weight and financial condition. 262 If these
inequities sound natural and therefore acceptable, Hooligan claims that a lot of
technical equipment is used nowadays, such as uniforms and shoes which could
provide some athletes with an advantage263. However it should be answered that the
advantage that could be gained in this way is not that important and cannot
considered to be unacceptable. The advantage gained by drugs is much greater and if
262

Cox N., ibid

263

Houlihan, Dying to Win, Council of Europe Publishing, 1999

144

we legalised the use of drugs, the competition would no longer take place in the
stadiums but in the chemists laboratories. In respect of the other natural differences,
it should be stated that they excist in every field of human activity and not only in
sport. Life is unfair and that is why law should intervene to rebate this unfairness.
2) protection of athletes health
Doping is worldwide renowned for its negative consequences for human health.
Doping could lead to the emergence of very severe health problems or even to death.
The death of the famous American sprinter Florence Griffith Joyner is attributed to
the use of drugs. It is also scientifically proved that some kind of drugs could lead
women to be unable to have children. However there is a strong objection towards
this ratio of the regulation. Cox believes that this objective, apart from being
paternalistic, is contradictory, since it could lead to the opposite result.264 Athletes,
regardless of the existence of the ban or not, are going to use drugs. Because of the
ban they would be led to buy drugs from the black market, whose quality is
definitely not the best. Cox also states that it is contradictory to ban substances which
are not proven to cause harm, while permitting far more dangerous forms of
behaviour by athletes.32 Use of dietary supplements such as creatine is rife,33 there is
evidence that they pose dangers to health, yet they are legal.34 Besides, competing in
boxing, rugby, American football, ice hockey, mountaineering, grand prix racing and
especially horse riding is statistically more likely to cause harm to an athlete than is
drug use, yet it is legal. Legislative attempts in Britain to ban the violent and
inherently harmful act of boxing are met by arguments from civil liberties -the logic
being that if someone wants to harm himself in the pursuit of sport then that is his
business. Coxs arguments are quite interesting but ignore the fact that one of the
most important roles of sport in human society is its contribution to public health. It
would be totally inconsistent to permit drugs and contribute to the devaluation of this
dominant element of sport. In respect of the argument that other substances as well as
some violent sports are permitted, it should be argued that doping, in contrast to the
previous substances and activities, is not something natural but toxic. It is a technical
interference in the human body, which on no account should be permitted.
3) The image of sport
Sport has been always linked with the principle of fair play. Sport therefore promotes
values that society creates, approves of and wishes to safeguard. These values relate
to health, honesty, fairness, fitness and a series of other general values that promote
the healthy development of individuals and, subsequently, the healthy development
of society. It is submitted here that doping in sport threatens to destroy, and it does
destroy, all these values that society deems necessary for its existence. It is believed
that doping is immoral and unhealthy; it is cheating and its use should be regulated

264

Cox, ibid

145

by the criminal law, with the main aim to protect the public interest.265 The
arguments above suggest that doping undermines sport and therefore aims to destroy
one of society's important and necessary cornerstones. Nevertheless, it is claimed that
sport should follow scientific progress and this would not be immoral.266 Cox also
supports that doping diverts our attention from other problems in sport, such as
corruption. The answer to these arguments should be that sport should follow
development up to an extent. In respect of the second argument we should respond
that the legalization of doping would not solve the other problems that sport faces.
Final Remarks
So, do these objectives justify the rigid regulation about doping? Is this regulation
proportionate?
It is obvious that doping regulation aims at protecting the true meaning of sport over
the centuries and beyond that, the truth, the justice, the health and equity of our
society. Sport has been special for our lives and for society for thousands of years
but if doping wins the battle, it can no longer keep its special character.
It is believed that doping should be prohibited. The rationes definitely justify the
existence of certain prohibitions about doping and make the caused restrictions on
human rights proportionate. However, up to which extend can this be accepted? Is
the strict liability or all kind of suspensions justified? Probably, there are some points
of the regulation that are overly harsh and should be amended. In respect of the strict
liability, it should be stated that there are cases of moral innocence that cannot be
ignored. However, it is believed that the rule of strict liability should not be done
away with.267 The athlete should be responsible for the substances found in their
body. Otherwise, nearly all the athletes would be easily acquitted. It is considered
that the solution that the possible fault of the athlete should be also taken into
account. The right to a fair hearing should be definitely secured. As far as the
sanctions are concerned, it should be stated that they should be proportionate to the
years that an athlete can be active in each sport. For instance, the 4 year suspension
sounds definitely disproportionate for the swimmers who cannot compete in the same
level for many years. In athletics the suspension seems to be proportionate, since
athletes can be active for a longer time. However, a lifetime suspension is regarded
to be disproportionate in all sports. Since, athletes are doing sport for a living, it is
unfair to deprive them of their work. This limitation on their right of work is not
consistent with the principle of proportionality and more specifically with the stricto
265

Ioannidis G, the criminalisation of doping in sport, in ISLR 2002

266

Cox, ibid
Mavromatis A., the strict liability in doping, in Lex Sportiva 2005, Ant.N.Sakkoulas
Publishes, p.144
267

146

sencu proportionality, since this measure is more than necessary. It is believed,

though, that the battle against doping cannot be won only by harsh suppressive
measures but mainly by preventive measures. A main reason that makes doping
invisible is the fact that its methods are always more developed that the anti-doping
ones. So, money should be invested by the IFs on scientific research for anti-doping
methods. Simultaneously the IFs and the national SGBs should organize educational
programs for young students and athletes, which will explain the true meaning of
sport, whose value lies in the participation and not the victory, and the detrimental
effect that doping could have on an athletes health and sport in general

147

Chapter 8
Community law and sport
Sport is considered to be the main social movement in Europe. It is of special
importance as an element that brings people together. The interest and willingness to
cross national boundaries is more noticeable in sport than in many other areas of
society. This means that sport has often been several steps ahead of political cooperation in the course of the European integration process. This has resulted in a
complex system of European organizations in sport268.
The section EU and Sport is divided into the categories Overview, Institutions &
Structure, Education & Training and Reports & Treaties. Each category is introduced
by a short abstract and engrossed by articles.
The European Union is the largest contained living space in the world. Europe is
home to more than 495 million people. Sport is an important cultural element and is
one of the most widespread activities. Several million people participate regularly or
occasionally in sport, including senior citizens, persons with disabilities, children,
young people and adults. National and cultural differences were reduced by social
integration of individuals or groups through sport activity in schools, sport clubs or
other sport facilities. Hence sport is the biggest social movement in the Member
States of the European Union.
The obligations undertaken, in virtue of the Host City Contract, by the city of Athens
and hence by the Greek government, as developed above, reasonably raises the
question of the relation between the rules of the Olympic Movement and the law of
the European Union, which is applied in Greece integrally83. The importance that
the European Union attaches to the development of the sports phenomenon, together
with the significance that an Olympic organization acquires in the light of the
application of Community law, makes this a very interesting issue269.

268

The Balance between the Game and the Money : final report. Professional sport in the
European Union : regulation and re-regulation / ed. by Andrew Caiger, Simon Gardiner. The
Hague: T.M.C. Asser Press, 2000, Gardiner S. and Boyes S.. Governance of Sport :
National, European and International Perspectives. Sports Law / Simon Gardiner ... [et al.] ;
with Ian Blackshaw, Simon Boyes, Andrew Caiger. London [etc.]: Cavendish, 2006.
83

As to broadcasting rights for games in the Greek legal order, s. Skouris V., The limits of
the consultancy competence of the Legal Council of the State (In Greek), , 1997, pp.
1099 ff.
269

Halgreen, Lars European sports law : a comparative analysis of the European and
American models of sport. Thomson/GadJura, 2004.

148

The European Union demonstrates special concern for sport during the last years,
which is also due to the economic and cultural importance of sport84. From the
administrative point of view, the Commission has brought sport under the
Directorate- General of Education and Culture, which plays an active role in that
field, focusing on the creation of a European model for sport, on the relation between
sport and television, on the social function of sport and on the problem of doping in
sport. At the same time, the IOC has engaged in an active dialogue with the
institutions of the European Union with a view to framing common policies.
The European Union approaches sport while respecting the freedom of association, a
principle which it deems fundamental. At the same time, it focuses on keeping sport
from being entirely commercialized and on safeguarding the basic rights of the
athletes against the monopolies created by the federations.
According to the case law of the Court of Justice of the European Communities,
sport has assumed a special social importance in the Community85. The Commission
promotes this social dimension, given the fact that, since 1998, one out of three
Europeans is involved in a sport and that there are 545 000 sports clubs in the
Community. Mainly the economic importance of sport rendered its integration in the
rules of Community law indispensable.
At the same time, the law of the European Union acknowledges a special role to
athletes themselves. Athletes provide services and are part of a comprehensive
system that is governed by Community law. Therefore, Community action as regards
freedom of movement is very important. That does not concern amateur sport, which
at first sight is excluded from the vast scope of Community law86.
Sport is particularly important to the audiovisual policy of the Community, as well as
to the different social policies. In the light of Community purposes, the practice of
sport comes within the Community law, in so far as it constitutes an economic
activity pursuant to article 2 of the Treaty87. In 1974 the European Court of Justice
ruled that, as an economic activity, sport was subject to Community legislation,

84

Document of the European Commission 29/9/1998 (final), The development and prospects
for Community action in the field of sport. S. also, the Annex IV of the Presidency
conclusions of the European Council Meeting, Nice, France 7,8 and 9 December 2000
Declaration on the specific characteristics of Sport.
85

C-415/93, of 15/12/1995 Bosman, opinion 106.

86

That has been accepted by the Court of Justice of the European Communities, judgements
C-51/96 and C-191/98 of 11/4/2000 Chr. Delige and Ligue francophone du judo etc.
87

S. judgements of the Court of Justice of the European Communities, C-36/74 of 12/12/1974

Walrave et Koch, C-415/93 of 15/12/1995 Bosman, C-51/96 and C-191/98 of 11/4/2000 Chr.
Delige and Ligue francophone du judo etc.

149

whereas in 1991 the Commission adopted its first communication setting out
guidelines for Community action in relation to sport88.
Important steps were taken by the European Court of Justice as to the creation of a
European policy on the sports phenomenon.
Today, the policy of the European Union on sport touches issues such as public
health, the protection of working youth, the security of sports facilities,
standardization of sports equipment, the free circulation of sports equipment,
tourism, taxation, environment, education, training and ban of discriminations89.
The European Commission put forth its most recent positions on sport in Helsinki by
the Report from the Commission to the European Council with a view to
safeguarding current sports structures and maintaining the social function of sport
within the Community framework90. In the framework of a European policy on
sport, special emphasis is placed on the social approach to sport, the fight against
doping, the resolution of the issue of television rights, the securing of the relation
between athletes and sports associations and of equal opportunities, the
rationalization of national laws for the safeguarding of the basic rights of athletes and
of an integral status of the sports phenomenon. Lastly, emphasis is laid upon securing
the fundamental freedoms in the framework of the associative and monopolistic
organization of sport.
It is evident that Community policy on sport, although it keeps pace with the
autonomy and self-determination of the sports movement and the Olympic
Movement, at the same time sets limits in order to secure the different policies
adopted and regarded as cardinal by it. The European Court of Justice spotted these
issues in good time and virtually formed the Community policy as to the relation
between the autonomy of sports organizations and Community law.
The Amsterdam Treaty included the Declaration no. 2991, which recognizes the
social character of sport and its importance, as well as the importance of engaging in
a dialogue with the sports movement. This declaration is highly important and

88

The European Community and Sport, SEC (91) 1438 of 31/7/1991, with emphasis on the
respect of association life, in general, and of sport, more specifically. In 1992 the Council
adopted the first Resolution, on 8/2/1992, E.U., no. C 044 of 19/2/1992, on the use of
forbidden substances in sport.
89

S. also European Commission, Directorate- General X, 22/4/1999, First European Union

Conference on Sport- Olympia 21-22/5/1999 The European model of sport, basic document
for deliberation at the Task Force.
90

12/10/1999, COM (1999) 644 Final.

91

The Declaration no. 29 is attached to the final act of the conference during which the
Amsterdam Treaty was voted. The said declaration stresses the social significance of sport
and invites the institutions of the European Union to take into consideration the particularities
of amateur sport.

150

signifies the expansion of Community action in the field of sport, but also the will of
the Union to converse with the sports movement.
The study of the case law of the European Court of Justice allows to understand the
way the law of the European Union approaches the sports phenomenon as well as the
relation between Community legislation and the regulatory autonomy of the sports
movement. The European Court of Justice treated the regulations of sports
organizations as practices and interpreted them in the light of the Treaty, this being
always prevalent. This case law carries weight with reference to the rules of the
Olympic Movement, in so far as they can be characterized as practices, which would
result in the prevalence of the Treaty in all cases.
Apart from that, the application of Community law as a whole should be considered
self-evident in view of the organization of the Olympic Games. Sectors that will
come under the Community law are, inter alia, the status of entering into public
contracts, the status of assessing environmental repercussions and environmental
protection, etc.

European law and Olympic Games

On the 27th of July 2012 the opening ceremony of the 30th Olympic Games will take
place in London. They will be the 2nd Olympic Games of Europe, held under a
regime of absolute application of the Community Law. After the exceptionally
symbolic and interesting Games of China, Europe will be in action again. It is not
accidental at all that all the candidate cities for hosting the 2012 Olympics were from
Europe and the three of them from the European Union. The matter of the
submission of the Olympic Organization to the Community law, just like the one of
the harmonic coexistence of Europe and sport, has a pivotal role. The matter of the
coexistence of Europe and sport has engaged both the theory and the community
organs.270 Therefore, a European dimension of sports271 constitutes an issue which
is posed with emphasis every time a major sporting event, such as the Olympics,

270

Klamaris/Bredimas/Malatos, Olympic Games and Law, Ant.N.Sakkoulas, 2005,

Olympic Games, Public Law matters, Applications of Public Law, Special Edition,
Ant.N.Sakkoulas, 2003, Giannakourou G., Trova E., Olympic Games and Environment,
Ant.N.Sakkoulas, 2001, Panagiotopoulos D., Sports Law, A European Dimension,
Ant.N.Sakkoulas Publishers, Athens, 2003, Skouris P., Trova E., From the first Olympic
Games of Athens to the first Olympic Games of Europe, Ant.N.Sakkoulas, 2003, Skouris P.,
Trova E., The first Olympic Games of Europe, Metomesonykties Publications, Athens 2004
271

Meca-Medina & Majcen v EC Commission (Case T-313/02) [2004] E.C.R. II-3291,

paragraph 34

151

takes place in a city within the EU272. Community law as well as the jurisprudence is
now scrutinizing sport systematically and after the Bosman273 judgment there are
important cases having been held that prove the timeliness of the issue.
In this framework, the Olympics acquire a special interest since EC law claimns
application.274 The successful organization of the first Olympic Games under the
regime of absolute application of the EC law in Athens could contribute creatively to
the establishment of a European perception of the Olympic phenomenon, a
perception which would not deviate from the roots that created it. Having been a
combination of the theories of the classic antiquity and the fair play275 of the
anglosaxon, the Olympic phenomenon derived from the collegian sport, that
Coubertin adored, a special person of an era that promoted the Promethian person
and the value of the human body. It is worth approaching the first experience of
Athens and hoping that gradually the study and the imagination will lead to a
productive approach of the European dimension of the Olympics, which has to be
proved in 2012.

The Community Law involvement in sport and Olympic Games

In the Nice Declaration the importance of sport was highlighted and the Community
was asked to take into account the social, educational and cultural mission of sport in
the exercise of its policy.276

272

Robert C.R. Siekmann & Janwillem Soek, (eds.), The European Union and Sport :
Legal and Policy Documents, The Hague : T.M.C. Asser Press 2000, Foster, Ken Can Sport
be regulated by Europe : an Analysis of alternative Models. Professional sport in the
European Union : regulation and re-regulation / ed. by Caiger A., Gardiner S.. The Hague:
T.M.C. Asser Press, 2000,

273 Kesenne S. and Jeanrenaud C.(eds.) Competition policy in professional sports :

Europe after the Bosman case. Standaard [etc.], 1999.
274

ECJ C-429/02, Bacardi France SAS and Television Francaise 1 SA (TF1), Goupe JeanClaude Darmon SA, Girosport SARL, C-338/02 of the 9th November 2004 Fixtures
Marketing Ltd vs Svenska Spel AB etc.
275

Caille A., The concept of the fair play, Olympic Review, August-September 1998, p.27

276

The ECJ had already pointed out the social character f sport in the judgement C-67/98
Quastore di Verona and Diego Zenatti (21st October 1999) on the occasion of scrutinizing the
legality of a collection of bets. See also the CFI judgement T-137/01 Stadsportverband Neuss
of the 17th September 2003

152

The sporting Phenomenon first emerges in relation to the EU as an element of the

Europe of the citizens277. It is simple for somebody to conceive how accurate this
choice was, taking into consideration the high level of the sporting movement
organization as well as the number of people that it is addressed at. Ever since, many
athletic programs were carried out by the EU and also a great participation on
various sporting organizations was noticed. Athletic project of community dimension
(Eurathlon) and activities of the promotion of sport for people with special talents
were subsidized between 1995 and 1998. The Community presented its overall
opinion about sport in the report submitted in the Helsinki Council in 1999 and in the
aforementioned declaration in the European Council of Nice in 2000. The
Commission was committed to follow the Helsinki Report as regards sport.
A vital stage in respect of the dealing with sport at a community level, was the
Amsterdam declaration278.At the Declaration no.29 of the Amsterdam Treaty, the
social character of sport as well as its importance is recognized, as well as the need
for dialogue with the sporting movement. Its value is detected on the fact that it
announces/foresees/predicts the expansion of the community action on the field of
sport as well as the volition of the EU to converse with the sporting movement. This
declaration of the European Council about the special characteristics of sport and its
social mission that have to be taken into account during the application of the
common policies, was formulated in the European Council of Nice on the 7-9
December 2000 and was attached as an appendix at the conclusions of the
presidency. It takes into account the Helsinki report about sport of December 1999.
The sporting organizations and the member-states have the primal responsibility for
the dealing with sporting affairs. The Community had only an indirect competence at
this field. However, it has to take into consideration the social, educational and
cultural mission of sport in its action under the various provisions of the Treaty, in
order to protect the social role of sport. This was confirmed in the Constitutional
Treaty draft of 2003.
According to the ECJ jurisprudence, the prohibitions provided by the Treaty are
applied to sport only in so far as they concern the financial side that the sporting
activity might have.279 On the opposite, these prohibitions do not concern the purely
277

Adonino report, the recommendations of which were approved by the European Council of
Milano in 1985
278

Amsterdam Declaration 29 on sports. The Declaration points out the social importance of
sport and in particular its role in the formation of the identity of the people as well as its
contribution to bringing people together. Therefore, it asks of the community organs, when
dealing with important matters that could affect sport, to ask the sporting institutions opinion.
In this framework special importance should be attached to the particularities of amateur
sport., Olympic Games and Environment, Greek Company of Environmental Law,
Ant.N,Sakkoulas, 2002
279

Bosman 114, 137, Lehtonen, 60

153

sporting rules, that is the rules that are associated with purely sporting matters and,
therefore, have nothing to do with economic activity. These rules derive from a need
inherent in the organization of sport and as such cannot be considered to constitute a
restriction on the ability to provide services.280
Out of an administrative point of view the Commission has submitted sport in the
DC of Education and Culture, which has a great activity in this field, focusing its
interest on the creation of a European Model of Sport, the relation between sport and
mass media, the social function of sport and the problem of doping in sport.
The European Commission published two important documents in 1998. The first
was The Development and Prospects for Community action in the field of sports281
The paper identified sport as performing an educational, public health, social,
cultural and recreational function and could be a key vehicle which could lead to the
attainment of these objectives. The paper advocated a dual approach to sport: on the
one hand the integration of sport into various community policies and on the other
hand it ensured the implementation of Community law.282
The second document published by the Commission was a consultation one. Its title
was The European Model on Sport283. In this document the special characteristics
of European sport were tried to be identified, the relation between sport and
television and society was mentioned, in particular the issue about the contribution of
sport to the promotion of social inclusion. The effect of the Bosman judgment was
also acknowledged.284
In 1999, the Commission presented its positions on sport in Helsinki with the
Report of the Commission to the European Council, with a view to safeguarding
current sports structures and maintaining the social function of sport within the
Community framework285. In the framework of a European policy on sport,
emphasis is attached on the social approach of the sporting phenomenon, the fighting
of doping, the safeguarding of the relation between athletes and sporting clubs, the
establishment of the fundamental rights for the athlete and the sporting phenomenon
280

Welrave 8, Dona 14, Deliege 64

281

Commission of the European Communities, The Development and Prospects for

Community action in the field of sport (1998), DG X, Brussels, found at
http://europa.eu.int/comm/sport/index.html
282

Gardiner et al, Sports Law, Cavendish Publishing, 3rd Edition, Sydney-London, 2005,
p.160-161
283

Commission of the European Communities, The European Model of Sport: Consultation

Document (1998), DG X, Brussels, found at http://europa.eu.int/comm/sport/index.html
284

Gardiner, op cit

285

12/10/1999, COM (1999) 644 final

154

by the national laws as well as the guaranteeing of the fundamental freedoms as

regards the private monopolistic organization of sport.

The prevalence of the Community law over the regulations of the sporting
institutions
The ECJ jurisprudence, these crucial elements early and essentially formed the
community policy as regards the matter of the relation of the autonomous selfregulation of the sporting institutions and the EC law. The ECJ perceived these
regulations as practices and interpreted them under the light of the Treaty, holding
that the latest always prevails over them. This jurisprudence has important effects on
the Olympic Movement rules in so far as they can be considered to be practices and,
in that case, the Treaty prevails over them.
The ECJ was first asked to rule on the matter of the legal nature of the rules that the
sporting institutions lay down in 1976. The position of the Court that the relative
regulations constitute practices was held in the case Dona v Montero 286 According to
the ECJ ruling287, rules or national practice, even adopted by a sporting organization,
which limit the right to take part in football matches as professional or
semiprofessional players solely to the nationals of the state in question, are
incompatible with Article 12 (ex 7) and, as the case may be, with Articles 39 to 42 or
49 to 55 of the Treaty, unless such rules or practice exclude foreign players from
participation in certain matches for reasons which are not of an economic nature,
which relate to the particular nature and context of such matches and are thus of
sporting interest only.288
The importance of this ruling relies on the fact that it held that the EC law prevails
over the sporting regulations, which are characterized as practices, avoiding smartly
characterizing their type and their nature. Its importance can be also found (given the
mobility of athletes) to the fact that it held that the discrimination on a nationality

286

Case 13/76 Don v Montero [1976] ECR 1333

287

It was about nationality rules in Italian football, which introduced heavy restrictions on
non-Italian footballers playing professional football in Italy.
288

In terms of this judgment the Advocate General adopted a very sport-friendly approach.
He stated that purely sporting interest could justify the imposition of some restriction on the
signing of foreign players or at least at the participation in official championship matches so
as to ensure that the winning team will be representative of the state of which it is the
champion. According to his point of view, this makes even more sense taking into account
that the champion team is usually chosen to represent its own state in international
competitions

155

basis which limits the movement of persons and services is not legal even in the field
of the sporting activity.289
The first sporting case that bothered the ECJ, the Welrave290 case of the
12/12/1974 did not directly deal with the matter of the validity of the sports law rules
despite the fact that the regulations of the Union Cycliste International (UCI) were
submitted for scrutiny in the ECJ. More specifically, the question posed to the ECJ
was whether the provisions of the EC Treaty (articles 12, 39, 49) were applicable to
sport and to relations that were not governed by the public law. The crucial question
was the one about the compatibility of the UCI rules with the article os the Treaty.
In this case, the claimant challenged a rule laid down by the Union Cycliste
International (UCI) according to which the stayer and the pacemaker taking part in
an international competition have to be of the same nationality. It was pointed out- as
already mentioned above- that sport is subject to EU law as long as it constitutes an
economic activity. More specifically, according to the judgment the contract which
the pacemakers had with either the cyclist, association or a sponsor is caught by the
scope of Articles EC39 and 49. In terms of this case, though, the Court underlined
that if the practice of sport is of purely sporting interest, there should be a
distinction and therefore national teams could discriminate on the grounds of
nationality.291This point is considered to be of vital importance since the Court
seemed to understand that the special characteristics of sport allow it a space of
immunity. Subsequently, it was held that even if a rule leads to clear discrimination
within the meaning of Article 7 EC, the prohibition arising from this provision does
not affect a rule of purely sporting interest and therefore is not linked to economic
activity.292 However, this purely sporting interest has to remain in its proper

289

The ECJ held in particular:

1.rules or national practice, even adopted by a sporting organization, which limit the right to
take part in football matches as professional or semiprofessional players solely to the
nationals of the state in question, are incompatible with Article 12 (ex 7) and, as the case may
be, with Articles 39 to 42 or 49 to 55 of the Treaty, unless such rules or practice exclude
foreign players from participation in certain matches for reasons which are not of an
economic nature, which relate to the particular nature and context of such matches and are
thus of sporting interest only.
2.Article 39 (ex48)and the first paragraph of Article 49 (ex59) and the third paragraph of
article 50 (ex60) of the Treaty on the other-the last provisions at least in so far as they seek to
abolish discrimination against a person providing a service by reason of his nationality or the
fact that he resides in a member state other than in which the service is to be provided-have
direct effect in the legal orders of the member states and confer on individuals rights which
national Courts must protect
290

Case 36/74 Walrave and Koch v Association Union Cycliste Internationale [1974] ECR
1405
291

Welrave, paragraph 15

292

Welrave, paragraph 8

156

objective.293 An aspect of pivotal importance in the Welrave case was that it

highlighted that the prohibition of discrimination applies not only to public
authorities but also to rules of any other nature aimed at collectively regulating
gainful employment and services.294 Subsequently, it involves horizontal, direct,
effect and sport federations and governing bodies are subject to the EC provisions as
regard their regulations. Since Welrave, the Court has always examined at first step
whether the practice of sport constitutes an economic activity and afterwards has
gone on to examine whether it is caught by the Treaty Provisions.295
By this first ruling, the ECJ placed the freedom of movement of workers and the
freedom of settlement and provision of services above the decisions or practices of
the sporting federations. The general importance of the judgment was highlighted by
the Advocate General Warner. At the lively justification of his position, he
mentioned that, since any state has the right to legislate, it can perceive any kind of
regulation deriving from private unions as being illegal within its territory. As he
said, the same is true for the EC territory; therefore, the EC law can prevail over
regulations of private unions even if their members are not exclusively from the EC
members.
Thus, according to this judgment, all the rules established by the sporting movement,
under its regulatory competence, are subject to the EC Treaty. The rules in scrutiny
were characterized as practice, a position which is quite close to the one of the Greek
Council of the State. Subsequently, the Olympic movement rules, the Olympic
Charter itself and even the host city contract when comes under the Community law,
are controlled by it as regards its application. It should be also pointed out, however,
that if the practice is of purely sporting interest, it does not fall within the ambit of
the EC law and therefore in this case enjoys an immunity.
The regulatory autonomy of sport was challenged before the ECJ on the occasion of
the Bosman case, where the Court clarified the relation between the freedom of
association and the EC rules. In this ruling the status of the athlete was also deeply
scrutinized. More specifically, it was held that he freedom of association which is
established by both the ECHR and the members states Constitutions and is also
among the rights that the ECJ recognizes on no account can legitimize the
competence of the sporting federations to lay down rules which restrict the
application of article 39 of the EC Treaty; nor can the principle of subsidiarity lead to

293

Welrave, paragraph 9

294

Welrave, paragraph 17

295

Colomo, The application of EC Treaty Rules to Sport: the approach of the European Court
of First Instance in the Meca Medina and Piau cases in ESLJ (www) Volume 3 Number 2

157

the limitation of the rights provided by the Treaty via the regulatory autonomy of the
sporting federations to introduce rules.296

The effect of the Bosman judgment in the Olympic movement rules

The Bosman judgment has been crucial for the interrelation of the autonomy of
sporting associations and the EC legal order as well as pivotal for the relation among
the rules of every different system.
The rules about the athletes transfers provided by the sporting federations were held
to be inconsistent to the freedom of movement of workers (article 39). The Bosman
judgment defined the area of autonomy of the sporting movement and also
safeguarded the athletes rights in the EC Treaty framework. On the occasion of this
case, the ECJ studied the entire organizational structure of sport (clubs, federations,
international federations etc.) and rejected the UEFAs position that the submission
of football to the EC law leads to the attenuation of the autonomy of the sporting
movement.297 This ruling has a special importance in the framework of the Olympic
movement rules, which has both a private nature and a regulatory competence.
296

Until the Bosman Judgment the Court appeared to be rather lenient towards sport as
regards the EC law application. However, in the Bosman case, the Court changed its attitude
towards sport. Both the system governing the transfer of players between clubs and the rules
requiring discrimination on the basis of nationality in European Club football competitions
were found to violate Article 39 EC.296 More specifically, Bosman, a Belgian national, had
played football for RC Liege in Belgium but was out of contract following the breakdown of
relations between him and the club. At that time there were certain UEFA sanctioned
practices relating to transfers and nationality restrictions. In respect of the transfer rules, a
club had the right to retain the registration card that permitted him to play football
professionally even after the contract had ended. The club was also entitled to ask for
compensation from the buying club for training and development even if the player was out of
contract. As far as the nationality restrictions were concerned, there were rules limiting the
number of foreign nationals in European Clubs. Bosman brought proceedings before the
Tribunal de Premiere claiming damages against RC Liege in relation to breach of contract as
well as action against UEFA, aiming at having UEFAs transfer rules declared null and void
and in breach of Articles 39, 81 and 82 of the Treaty. Despite UEFA allegations that changing
the transfer system would have a detrimental effect on the whole organization of sport, the
Court decided that the nationality restrictions were contrary to the provisions of Articles 39(2)
as they constituted typical discrimination on the grounds of nationality and that the transfer
rules were also in violation of Article 39, since Article 39 prohibits any (including nondiscriminatory) forms of restrictions on the freedom of movement, in particular where the
restriction relates to access to the employment market in other member states, like the transfer
rules. Thus, the transfer system, the nationality restrictions and the whole football situation
were totally changed. Football and sport in general was subject to the pure application of EC
law. Nevertheless, it has to be stated that in Bosman the ECJ recognized that the social
importance of sporting activities could justify an exemption from the application of Article 39
but not in the present case.
297

Bosman, par. 71

158

The field of interference of community law in sport was further expanded by the
Kolpac case.298 This case was about a professional goalkeeper of Slovak nationality
who played in the German second division and challenged the rule of the German
handball federation, stipulating that clubs were entitled to have only two non
EU/EEA nationals in official matches.299 The Court decided that Kolpak could
legitimately resort to Article 38(1) of the Association Agreement between the
European Communities and Slovakia, which provides the right to equal treatment to
Slovak nationals in respect of working conditions, remuneration and dismissal in the
EU in relation to the Host Member States nationals.300 Even though the
consequences of these judgments prima facie seem to be minor and temporary since
those countries in association agreements will soon enter the EU, they are quite
important taking into consideration that bodies regulating professional sport in EU
member-states will have to make sure that players from countries that have entered
into associations agreements do not suffer discrimination. This judgment also makes
clear that Bosman did not mark the end of the EU interference in sort.301
In Deliege302 the Court tried to succeed a balance between the EC rules and the ones
of the sporting movement. In this case the ECJ dealt with the selection of judokas for
international competition by national judo federations. The selection criteria were
challenged on the grounds of incompatibility with Article 49. This case is considered
to be of pivotal importance because the whole sport system in the aggregate as well
as the institution of the Olympic Games was in danger. The Court decided that
although such selection rules inevitably has the effect of limiting the number of
participants in a tournament, such limitation is inherent in the conduct of an
international high-level sport event, which necessarily involves certain selection
rules or criteria being adopted.303 Therefore, according to the Court a restriction
under Article 49 was not established and, therefore, the application of Article 49 to
sport was limited.304 So, the ECJ clarified the extent of involvement in the regime
provided by the sporting federations, underlining that the interference is limited to
298

Case C-438/00 Deutscher Handballbund e v Kolpak (2003) E.C.R. I-4135, Boyes S., In the
shadow of Bosman:The Regulatory Penumbra of sport in the EU, in Nottingham Law Journal
Vol12(2) 2003
299

Van den Bogaert S., Vermeersch A., Sport and EC Treaty: A tale of uneasy bedfellows?,
in European Law Review 2006
300

ibid,Kopak paragraph 58

301

Boyes S., In the shadow of Bosman:The Regulatory Penumbra of sport in the EU, in
Nottingham Law Journal Vol12(2) 2003
Cases C-51/96 and C191/97 Delige v Ligue Francophone de Judo et Disciplines
Associes ASBL [2002] ECR I-2549
302

303

Parrish R., p.104

304

Ibid

159

the control of the freedom of access at a certain profession and the control of
nationality quatas which limit the number of non-national players to participate at
certain games. The selection rules, as the ones at stake, could not be perceived as
being contrary to article 49.305
The Lehtonen306 Case was about the transfer deadlines in Belgian basketball. They
involved differential treatment of transferred players based on the zone in the
world from which they are from.307 The national court referred the following
question to the ECJ: Are the rules of a sports federation which prohibit a club from
playing a player in the competition for the first time if he has been engaged a fter a
specified date contraty to the Treaty of Rome (in particular articles 12, 39, 81, 82) in
the case of a professional player who is a national of a member state of the
European Union, notwithstanding the sporting reasons put forward by the
federations to justify those rules, namely the need to prevent distortion of the
competitions?The court held that Article 39 EC precludes the application of rules
laid down in a member state by sporting associations which prohibit a basketball
club from fielding players from other member states in matches in the national
championship, where they have been transferred after a specified date, if that date is
earlier than the date hich applies to transfers of players from certain non member
countries, unless objective reasons concerning only sport as such or relating to
differences between the position of players from a federation in the European zone
and that of players not in than zone justify such different treatment So, this
judgment constitutes a continuance of the Bosman judgment and confirms the ECJs
position in respect of the freedom to provide services and the prohibition of
discrimination on the grounds of nationality. However, despite the fact that the Court
considered these transfer deadlines as contrary to Article 39, it developed before
those very interesting arguments. It stated that rules on transfer deadlines were
sporting rules which were necessary for the organization of the game. However,
these rules went beyond what it was necessary. Yet, it is considered to be crucial that
the Court stated that even though there is a free movement restriction, it could be
possibly justified on sporting grounds and be exempted from Article 39. 308 Indeed,
there was a reference to the impact that transfer deadlines have on play-off
games.309Therefore, the decision appears to be rather sympathetic towards the
autonomy of sports governing bodies. Another very significant aspect of this case
was the opinion of the Advocate General who equated sporting interest arguments

Case C-176/96 Jyri Lehtonen & Castors Canada Dry Namur-Braine v Fdration Royale
Belge des Socits de Basketball ASBL [2000] ECR I-2681
306

307

Weatherhill, op cit

308

Lehtonen, paragraphs 51-55

309

Lehtonen, paragraph 55

160

not with sporting autonomy justifications but with a public interest justification. If
this opinion prevails, it could lead to quite beneficial results for the autonomy of
sport.
Thus, according to the Court sporting regulations are lawful only in so far as they do
not violate the EC Treaty and the limitations that they involve are inherent in the
conduct of an international high-level sport. At the same time the ECJ persists in the
prevalence of the EC law over any kind of regulations or practices of national or
international federations which are governed by private law rules. It is interesting
that the last two judgments make a clear reference to the Bosman judgment as well as
to the declaration no.29 on sport, which is attached in the Amsterdam Treaty. This
declaration points out the social importance of sport, asking especially the EC organs
to take into account the particularities of amateur sport.
These positions will affect any regulation of an analogous nature, such as the IOC
rules. However, if we accept this, a great problem arises as regards the validity of the
IOC rules and the commitments arising from each host city contract, in case they are
inconsistent with the Treaty. The host city contract could neither solve the problem,
nor outweigh the EC law provisions. This reality gets even more intense regarding
the 2004 Olympics in Athens, taking into account that the organization was preceded
by a revision of the Greek Constitution as well as by an extensive jurisprudence by
the Greek courts, mainly by the Council of the State.
The ECJ jurisprudence, though, is not limited to the control of private regulations of
the sporting movement in relation to the EC law. It also interferes to the national
legislations, examining the decree of consistency of the states legislation with the
EC Treaty and the principle of proportionality. A characteristic example is the recent
judgment C-234/01 Piergiorgio Gambelli of the 6th November 2003, which was
about the discretion of member states to lay down harsh sanctions concerning online
bets, allowing this activity only to certain national institutions, including the Italian
NOC.
It was held that national regulatory provision which prohibits-under the threat of
criminal sanctions-betting activities, especially regarding sporting meeting, without
permission from the relative member state, constitutes a restriction of the freedom of
establishment and the freedom to provide services which are provided by articles 43
and 49 of the Treaty respectively. The court had to decide whether that restriction
could possibly satisfy the proportionality test.
In the framework of the ECJ jurisprudence, we can notice a constantly expanding
effort of rationalization of sports law, which is expressed by its submission to a
hierarchic structure of rules, like the case of the aforementioned judgment. This
effort is confirmed by the Report from the Commission to the European Council with
a view to safeguarding current sport structures and maintaining the social function of
sport within Community framework-The Helsinki Report on Sport- which presents
the need of rationalization of the sports law as well as the need of the EC rules to
prevail. Within the framework of these principles and under the effect of the Bosman
161

judgment, this Report constitutes the clarification of the national rules with the goal
to safeguard the present structures and the social role of sport. Among the other
suggestions, the Commission recommends that the member states should either place
the relative rules among their legislation or cooperate via contracts with the sporting
organizations, through which they would mutually agree on a certain regime. Also,
within the framework of this effort, member states should apply certain legal regime
to the sporting clubs.

The relation between the EC law and the Olympic movement rules
In every Olympic Organization the Olympic Movement contracts through the IOC310
With the host city, the NOC of the respective country and a special and autonomous
legal person, the Organization Committee of the Olympic Games (OCOG). This is
the host city contract, which constitutes the basic regulatory framework of the
Olympic Organization. Through this contract, the Olympic movement rules are
succeeding (or trying to succeed in) in penetrating to the national legislation of the
respective state. The Olympic Movement mainly pursues the application of the
Olympic Charter in the hosting city without caring about the national legislation. The
prevalence of the EC law puts some limits to the autonomy of the Olympic
movement. The EU has shown an immoderate interest in sport lately, because of its
prevalent economical and cultural importance.311
The relation among the Olympic movement rules and the EC law was clearly
clarified by the Meca-Medina312 judgment.
On September 30, 2004, the Court of First Instance rendered its judgment in this
case. Meca-Medina and Majcen were professional sportsmen competing in longdistance swimming. After having failed an anti-doping test, Meca-Medina and
Majcen filed a complaint with the Commission, alleging a breach of Arts 81 to 82
EC of certain regulations adopted by the International Olympic Committee and
implemented by FINA, as well as certain practices relating to doping control. After
the rejection of their complaint, they brought an action before the Court of First
310

Bredimas A., The legal nature of the IOC and the IFs and their relation to the international
and national legal order, in Klamaris/Bredimas/Malatos, Olympic Games and Law, op cit,
p.73, Giannopoulos G., op cit, p.277
The Commission published the following document in 1998:The Development and
Prospects for Community action in the field of sports The paper identified sport as
performing an educational, public health, socail, cultural and recreational function and could
be a key vehicle which could lead to the attainment of these objectives. The paper advacated a
dual approach to sport: on the one hand the integration of sport into various community
policies and on the other hand it ensured the implementation of Community law.
311

312

Case C-519/04P Meca-Medina & Majcen v Commission [2006] 5 CMLR 18

162

Instance, seeking annulment of the Commission's decision. The Court of First

Instance underlined that the campaign against doping does not involve any economic
objective. It stated that it is intended to preserve the noble competition and to
safeguard the health of athletes. In the opinion of the Court of First Instance, without
fair play, sport, be it amateur or professional, is no longer sport. That purely social
objective is sufficient to justify the campaign against doping. The prohibition of
doping must be regarded as a particular expression of the requirement of fair play ,
and constitutes a cardinal rule of sport 313
On these grounds, the Court of First Instance finally dismissed the action, concluding
that the prohibition of doping is based on purely sporting considerations and
therefore has nothing to do with any economic consideration. 314Consequently; the
rules to combat doping do not fall under the scope of Arts 49, 81 and 82 EC.315
On appeal, the CFI was found to have made an error of law in finding that purely
sporting rules which are linked to economic activity and therefore do not fall within
the scope of Arts 39 and 49 EC are also excluded from the scope of the competition
rules. ECJ, withdrawing the CFI ruling and judging in essence, under article 61 of the
Statute of the Court, perceived the IOC as being an undertaking under article 81EC.
In contrast to the CFI, the ECJ did not provide the IOC doping rules with immunity
towards EC Competition law on the grounds that these rules had a special value and
guaranteed fair play and noble competition, but placed the rules within the ambit of
the Treaty. However, the Court considered that the rules did not constitute a
restriction of competition incompatible with the Common Market, within the
meaning of Art.81 EC, since they pursued a legitimate objective.316
Despite the fact that finally the ECJ in this case decided for sport autonomy, it can be
easily understood that sporting regulations are now totally subject to Community
law. Of course, there is room for self-regulation. The EC law does not get involved at
all as long as the rules are of purely sporting interest.
If the rule at stake is of no purely sporting interest, then this does not itself mean that
it is incompatible with the EC Treaty. However, in order to survive the EC law
challenge, it has to be limited in its proper objective.317

313

par. 44

314

par.47

315

Van den Bogaert S., Vermeersch A.,

bedfellows?, in European Law Review 2006

Sport and the EC Treaty: a tale of uneasy

316

par.45, Weatherhill St., Anti-doping revisited - the demise of the rule of "purely sporting
interest"?, inEuropean Competition Law Review 2006, Szyszczak E., Competition and Sport,
in European Law Review, 2007
317

Weatherhill, op cit

163

Therefore, the Meca-Medina ruling consolidated the Bosman ruling, making clear
that the EC law prevails over the regulations of sporting organizations, including the
IOC.

ADDENDUM
The Olympics are organized under certain rules which have been in force, since the
first modern organization of Athens 1896. In 2004 there was an innovation. The 2004
Olympics were the first ones which would take place in a member state of the EU,
under a regime of absolute application of the EC law. The worries about
inconsistencies were not unreasonable, since two really powerful lawmaking systems
met each other. Indeed, this meeting acquired a special interest, because of the appeal
and the wider dimension of sport.
In any case, though, the Games of Athens were successfully organized, which leads
to the conclusion that instead of a collision there was a composition among the rules
of the two systems. In view of this evolution, the IOC rules will be limited to the
regulation of purely sporting maters, since no doubt can be cast to the absolute
application of the EC law. Subsequently, as long as the organization is undertaken by
a EU member-state, the total of the economic matters can do nothing but be regulated
by the EC law. However, there are still some matters, which are in the borderline,
such as the nationality318 and the TV rights319 which require study in sight of the
international and community development.
Nevertheless, beyond the question whether the Athens Olympics were successful,
there is also a crucial question about whether the EC law was really abided by, in
respect of the organization. As has been already mentioned the applicability of the
EC law has been clear. As regards the environmental protection, it has been already
stated that the Council of the State in the framework of its rescissory control, has
applied the Directives 84/360EC and 85/337/EC regarding the Environmental
Impacts Studies. It has to be also noted that the environmental protection constitutes
one of the basic priorities of the EC law, the rules of which were strictly respected.
Also, in the Olympic works framework again, it has to be noted that they were
318

Silance L., Statut Juridique des participants aux jeux Olympiues, in

Klamaris/Bredimas/Malatos, Olympic Games and Law, Ant.N.Sakkoulas Publcations,
Athens-Komotini, 2003, Baroutas K., The nationality of the athlete of the Olympic Games,
in Lex Sportiva Vol.4(2005), Ant.N.Sakkoulas Publications, Athens-Komotini, Moustaira
E., Nationality and Olympic Games, in Klamaris/Bredimas/Malatos, Olympic Games and
Law, Ant.N.Sakkoulas Publcations, Athens-Komotini, 2003, Beloff M., Is there a Lex
Sportiva, in International Sports Law Review, 2005, CAS OG 00/005, Angel Perez vs IOC, in
www.jurisprudence.tas-cas.org, CAS OG 00/008, Arturo Miranda vs IOC, in
www.jurisprudence.tas-cas.org
319

Kallinikou D., Olympic Games, Intellectual Property and TV Rights, in

Klamaris/Bredimas/Malatos, Olympic Games and Law, Ant.N.Sakkoulas Publcations,
Athens-Komotini

164

constructed with a method that absolutely respected the EC Public Contracts law in
respect of both the entrusting proceedures (by carrying out a contest and not by a
direct entrusting) and the special juridical protection provided for these contracts.
Finally as far as the matter about the tickets supply and distribution is concerned, the
OCOG of Athens totally respected the EC legislation on this issue. Indeed, there was
an amendment on the provisions of the tickets distribution after a Commissions
recommendation. It was the first time that the Commission has dealt with such a
matter.
It is characteristic, though, that after eight years the Olympics are to return in Europe.
Despite the fact that there is a procedure which is under the absolute control of the
IOC and after an interesting hatch at the huge market of the East and especially the
one of China, the Games in 2012 will be organized again in Europe under the
absolute application of the EC law, which proves undoubtedly the success of the first
attempt.
So, Europe will have the chance to explore much more drastically through the
organization of one more Olympiad the European dimension of sport. Questing for
its new identity, Europe finds in sport, a field which appeals to millions of people
and is characterized by an exemplary organosis and this constitutes a great chance for
Europe to develop the idea of the European participative democracy.320
Finally, emphasis should be attached to the fact that under the light of the EC law,
host cities, like Athens or London, acquire a totally new and different dimension.
They are no longer units of state structure nor IOCs contractors as the Olympic
Movement rules impose. They are a part of a quite wider area, the EC territory. This
dimension enables these cities to have an institutional innovation, which needs to be
studied and developed. It has to be noted that the EU has got already involved in this
level in the framework of the Europe of cities and the European Networks policy.
It has to be ascertained, therefore, whether the effort of the synthesis between the EC
law and the IOC regulation, which started and finished in Athens, will continue with
the same success during the second attempt of London in 2012.
Sport: a defined Community term with international references
In the Introduction of the White Paper on sport321, sport is defined, since the very
first word, for reasons of clarity and easiness, as all the forms of physical activity
which through the occasional or the organized participation, aim at the expression or
improvement of the physical condition and spiritual health, creating social
relationships or succeeding performances in games of all levels322
320

about this questioning see Skouris P.,Trova E., From the First Olympic Games of Athens
to the First Olympic Games of Europe, op cit
321

Brusseles, 11.07.2007 COM (2007) 391 final,

322

The matter cannot be considered to be of no importance. The definition of sport as well as

its philosophical dimension has been dealt with by the science to the extent that an entire

165

It is clear, therefore, that for the definition of this term the White Paper adopts the
definition of the Council of Europe323, indicating the international dimension of sport
as well as the need for its notional definition. Besides, this choice of the White Paper
contributes to the notional unity of the approach and the elimination of different
approaches. Also, it expresses volition of the gradual formation of a European
concept of sport.
Sport and EC law
In the past, sport used to be an activity which mainly concerned private individuals
and sporting clubs. Nowadays, the development of the sporting phenomenon has
slipped the private initiative/interest. National states show a particular interest in
sport, just like the international legal order.324 So, sport is now subject to
constitutional provisions, national legislations etc. It is not accidental that the state
action becomes more intense; taking into account that sport has now the power to
affect the electors and can have a pivotal effect on the political scene. Thus, it cannot
be totally left to the private action. The EU is also interested in the rationalism of the
relationship among states and private sporting institutions by any means. The same is
school of philosophy for sport has been developped. More specifically about this issue, see
the
website
of
the
British
union
of
philosophy
on
sport
http://www.britishphilosophyofsport.paisley.ac.uk/philsport.html and the website of the
international union of the philosophy of sport http://www.iaps.paisley.ac.uk/newsletter.html.
Also see Farantos G., Preface of Theory-Philosophy of Sport, Telethrion 1996, Farantos G.,
Introduction to the Olympic Education, Athens, Zaharopoulos, 2004, Goggaki K., The
perception of the ancient Greeks on sport, Typothito, 2003
323

according to article 2 of the Charter on Sport of the European Council:

1. For the purpose of this Charter:

a. "Sport" means all forms of physical activity which, through casual or organised
participation, aim at expressing or improving physical fitness and mental well-being, forming
social relationships or obtaining results in competition at all levels.
b. This Charter complements the ethical principles and policy guidelines set out in:
i. the European Convention on Spectator Violence and Misbehaviour at Sports Events and
in
Particular
at
Football
Matches,
ii. the Anti-Doping Convention.

324

Kokolakis, Intervention in the Olympic Games Congress, Public Law Matters,

Applications of Public Law, Special Edition, Ant.N.Sakkoulas, 2003

166

true for the Council of Europe. This interest has been gradually expressed and it
constitutes separately an issue of great scientific interest.325
The great European interest in sport derived up to a great extent from the fact that a
great percentage of the population is connected to it and financially dependent on
it.326 Sporting unions, even more that the political parties, connect the European
citizens with permanent links. Taking into account the great publicity of the sporting
events and their promotion by the mass media, one can easily understand the reasons
why the coexistence of the EU and sport could be excessively successful. Nowadays
that the EU tries to unify European citizens and forms its personal character, sport
seems to be very attractive for the promotion of the element of participation.
Consequently, the reference to the European dimension of sport is closely linked to
the participial character of democracy.

The Community interest in sport and the formation of a European participial

democracy
The EU has a great interest in sport. This is interest is political as long as the EU
gradually develops certain policies for sport or in relation to sport. However, it is
also a legal interest, since via the prevalence of the EC law it dynamically enters the
conversation about the relation among the rules which govern sport and supports the
prevalence of the EC law.
Indeed, sport as a social and economic phenomenon has lately greatly developed in
Europe to the extent that we can now speak about a European dimension of sport,
despite the fact that it is nowhere mentioned in the EC Treaties, nor do they provide
certain community competence about it.
This attitude of the EU was not self-evident. It is worth mentioning the whole way,
from the first sources and structures that were developed until the recent White Paper
on sport, which indicates the European attitude on sporting affairs. All this procedure
was mainly developed by a dialogue mainly with the Olympic movement and with
the historical events too, of course.
The first time that the Community presented its position about sport was by the
Report that was submitted in the Congress of Helsinki in 1999 and in the
aforementioned declaration of the European Council of Nice in 2000.
The traditional opinion that sport constituted a horizontal matter of intervention of
various policies was overcome. This field acquired then a unified perception, which
underlined the social role of sport.
325

Gonzalez J.S., Sport as an element for European Integration, in ISLR/Pandektis, Vol. 5:3,
2004
326

Paulot M., Le sport et lEurope, Nice 2000, These

167

At the same time, the need of taking into account the special characteristics of this
phenomenon during the application of every community policy was underlined.
Simultaneously, great importance was attached to the social and educational role of
sport as well as to various regional policies relevant to sport. Sport now concerns
indirectly many community policies, such as health (doping), youth, education etc.
The recent Olympic organization of Athens showed many aspects of the relation
between sport and EC law. The impeding organization of London will undoubtedly
show even more, since the relation between sport and EC law is always being
developed further.

The evolution of the community provisions on sport

The origins of the direct sports policy go back to the 1984 Fontainebleau European
Council and the Adonnino Report on A People's Europe 327 At that time, the
Community's policy concentrated on the potential of sport to achieve European
goals. Sport was first and foremost considered as a forum for communication
among peoples, as a tool to strengthen the image of the EU in the minds of its
citizens.328 Concretely, the Community's involvement in the field of sport remained
mainly limited to the funding of international sporting competitions like the
European Sailing Regatta or the Tour de l'Avenir in cycling. After the adoption of the
Single European Act in 1986, Community interest in sport moved onto a broader
social, educational and cultural plane and the first pleas for the development of a
European sports policy emerged.329 This growing interest in sport resulted in official
recognition of sport at institutional level in the EU. 330
Ever since, many European programs on sport were carried out. From 1995 until
1998 many community sporting projects and sporting programs for people with
special talents were subsidized. Despite the fact that there were no specific programs
for sport, certain programs about other community policies which indirectly
concerned sport succeeded in being subsidized.
Since the declaration of Amsterdam in 1997, the Community has always highlighted
the social importance of sport. Indeed, in the conclusions of the European Council of
Adonnino Report, A People's Europe , Bulletin European Communities 6-1985,
Suppl.7/85
327

328

European Parliament, Resolution on sport in the Community, April 13, 1984, [1984] O.J.
C127/142
329

European Parliament, Resolution on sport in the European Community and a People's

Europe, February 17, 1989, [1989] O.J. C69/234
330

Van de Bogaert S., Vermeersch A., Sport and the EC Treaty:A tale of Aneasy
Bedfellows?, in European Law Review 2006

168

Nice in 2000 the need to preserve and promote the social role of sport was pointed
out.
Nowadays, the Directorate General on Education, Training and Youth of the
European Commission comprises a separate sports unit. Since the early 1990s, the
Commission also organizes an annual European Sports Forum, bringing together the
sporting federations and representatives of the national and regional administrations,
the so-called sports directors, to structure the dialogue with the sporting world. In the
European Parliament, the Committee on Culture and Education deals with sports
issues. Furthermore, the ministers of sport of the Member States regularly meet on an
informal basis.331
So, the evolution was rapid. It is worth, though, examining the Treaty as the keystone
of all the community provisions.
The gradual entrance of sport in the EC Treaty
Despite the aforementioned European interest in sport, the EC Treaties had not the
faintest reference to sport. Sport, though, became gradually one of the community
cares. The introduction of a declaration about sport in the Amsterdam declaration
provided a strong political indication that the leaders of the member-states
governments attached great importance to sport. Also, sport concerned indirectly
many communities policies, such as health.
Moreover, sport as an economic activity under article 2 EC, should respect the
community law. It is mainly covered by the provisions that concern the freedom of
movement of workers. As the Walrave rules held, sport is caught by the ambit of EC
law only in so far as it constitutes an economic activity. This ruling was later
confirmed by many other ECJ rulings.

The declarations of Amsterdam and Nice

A very important point of the interaction between the EU and sport was the
Amsterdam declaration. In the declaration No.29 of the Amsterdam Treaty, the social
character of sport was acknowledged as well as the importance of a dialogue with the
sporting movement. The importance of the declaration is detected on the fact that it
notices the expansion of the EU action to sport, but also the volition of the EU to
negotiate with the sporting movement. In the Declaration of Nice in 2000, the
importance of the sporting phenomenon was pointed out again. Also, the Community
was asked to take into account the cultural, social and educational mission of sport.
However, in respect of these declarations it has to be stated that despite the fact that
they definitely have a political relevance and have been always referred to by the

331

ibid

169

ECJ when dealing with sporting cases332, they are merely non-binding instruments.
Consequently, because of this fact and mainly because of the absence of any
reference to sport in the EC Treaties, the Commission nowadays still often has to use
its imagination to find an appropriate legal basis for any given action or measure in
the area of sport.333
door to adopting a pan-Europeanorts policy has been opened

The Constitutional Treaty Draft

The works of the European Convention for the future of the EU, which started in
February 2002 and finished in June 2003, specified the discussions regarding how
sport can be regulated by the European Law. Many members of the Assemble
suggested that sport should be comprised in the fields of the EU intervention. This
explicit reference to sport was reiterated in the final draft of the European
Constitution, which was approved on the 18th of June 2004 by the 25 leaders of the
members-states. With this reference on the article III-282 Education, Youth and
Sport, the Constitutional Treaty considered sport as a self-inclusive community
competence.334 The IOC was positive in the establishment of such a provision in the
European Constitution, as it is made clear by many community documents.335

332

Lehtonen, Deliege, Meca-Medina

333

Van Den Bogaert, Vermeersch A., op cit

334

The Union shall contribute to the promotion of sporting issues while taking account of the
specific nature of sport, its structures based on voluntary activity and its social and
educational function. The Union is to develop the European dimension in sport, by promoting
fairness and openness in sporting competitions and co-operation between bodies responsible
for sports, and by protecting the physical and moral integrity of sportsmen and women,
especially young sportsmen and women
335

This treaty has been the major accomplishment of the sports entities, so much so, that it
has influenced big exponents to congratulate the authorities. .- JAQUES ROGGE, President
of the International Olympic Committee expressed: This historical advance is reason for
satisfaction for the Olympic and Sports movement, and it reflects the success of numerous
attempts of the International Olympic Committee, the National Olympic Committees, the
European Olympic Committees, the thirty five International Federations, and the European
Confederations of Sport. Today I can say it has been worth the while. The reference to the
specificity of sports will reinforce its role in Europe. Sports cannot be considered just an
economic activity. With this reference it will be easier for the sports organizations in Europe
to fulfill their educational and social roles in society.- Also, the President of FIFA, JOSEPH
BLATTER said in regards to this: The treaty is the confirmation that our petitions have been
heard by the European Council. I thank the Chiefs of State and Government of the members
of the EU for their support. This event establishes a determining precedent for the sports
management in general and for soccer in particular. This legal reference on the specific
character of sports is a big step towards the recognition of the European sports structures. We
hope these norms are applied soon. The Sports and Olympic movements expect this

170

On this basis, the competent ministers of sporting affairs would acquire an official
existence in a community level, just like the ministers of education and youth. Up to
that point, these ministers did not participate in official sessions. Also, this reference
could give the chance to the EU to undertake initiatives for the promotion of
educational and other social values and, also, confront the great problems of sport,
such as doping. These problems could be dealt with more effectively by common
policies of the EU rather than national initiatives. The evolution of the amateur and
professional sport could also be subject to a better surveillance and be escorted with
the exchange of right practices among member-states. Also, it was considered that in
that way sport could contribute to the creation of a European nationality.
It is obvious, therefore, that sport emerged and developed in the EC law gradually
and steadily. This way is quite similar to the way that the entire sporting movement
has been developed.
Finally, the European Constitution was rejected by certain member-states. However,
it has to be stated that beyond the obvious advantages of such a provision336, the
provision comprised a set of vague ideals which might have been proven difficult to
develop under the current disagreements over the role of sport in the European
integration process.337
The entry into force of the Lisbon Treaty
The TFEU and its general changes
Since the 1st of December 2009 the Lisbon Treaty or the Treaty on Functioning of
the European Union, as it is now called is in force.
This Treaty amends the Treaty on European Union (TEU, Maastricht; 1992) and
the Treaty establishing the European Community (TEC, Rome; 1957). In this
process, the TEC was renamed to Treaty on Functioning of the European Union
(TFEU).
Prominent changes included more qualified majority voting in the Council of
Ministers, increased involvement of the European Parliament in the legislative
process through extended codecision with the Council of Ministers, the elimination
of the pillar system and the creation of a long-term President of the European
Council and a High Representative of the Union for Foreign Affairs and Security
Policy to present a united position on EU policies. The Treaty also made the

specificity to be included in the treaty of the European Union soon, and they will guard its
application.
336

Van de Bogaert, op cit

337

Erika Szyszczak, Competition and Sport, in European Law Review, 2007

171

Union's human rights charter, the Charter of Fundamental Rights, legally

binding.338
The stated aim of the treaty was "to complete the process started by the Treaty of
Amsterdam [1997] and by the Treaty of Nice [2001] with a view to enhancing the
efficiency and democratic legitimacy of the Union and to improving the coherence
of its action."
Negotiations to modify EU institutions began in 2001, resulting first in the
European Constitution, which failed due to rejection by French and Dutch voters in
2005. After some modifications the Lisbon Treaty was proposed as an amendment
of the existing Treaties which implemented many of the reforms included in the
European Constitution. It was originally intended to have been ratified by all
member states by the end of 2008. This timetable failed, primarily due to the initial
rejection of the Treaty in 2008 by the Irish electorate, a decision which was
reversed in a second referendum in 2009.
The TFEU and the new sport competence
For first time in the EU history the Treaty includes a provision about sport,
establishing a new EU competence. This new competence is explicitly a soft one.
Indeed, it is the softest kind of the EU competences. More specifically, articles 2-6 of
the TFEU provide the competences of the EU. There is a distinction between three
different kinds of competence of the EU:
a) the exclusive competence (article 2 paragraph 1 and article 3 TFEU), which is the
hardest type of EU competence. In this competence only the EU has the right to
legislate and adopt legally binding acts. Member-states have this right only if they are
either empowered by the EU to do so or in terms of implementing the EU acts. This
hard EU competence comprises areas, such as the customs union, the competition
rules, necessary for the functioning of the internal market, the monetary policy, the
conservation of marine biological resources under the common fisheries policy and
the common commercial policy (article 3 TFEU).
b) the shared competence (article 2 paragraph 2 and article 4). In this case both the
EU and the MS will be competent to legislate, however, the MS will have this right
only in so far as the EU has not exercised its competence or has decided to cease
exercising its competence. This category includes areas such as internal market, social
policy, economic, social and territorial cohesion, agriculture and fisheries,
environment, consumer protection, transport, trans-European networks, energy,
freedom, security and justice and common safety concerns in public health matters.
c) the supplementary competence (article 2 paragraph 5 and article 6) is the softest
kind of competence. The EU can do nothing but support, coordinate and supplement
the actions of member states. Harmonization of Member States' laws is explicitly
prohibited (article 2 paragraph 5). This third category comprises provisions, such as
protection and improvement of human health, industry, culture, tourism, educational,

338

Craig P., The Treaty of Lisbon, process, architecture and substance, in European Law
Review 2008, also for a brief summary of the main changes
http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/111652.pdf

172

vocational training, youth and sport, civil protection and administrative

cooperation.339
Sport is mentioned for first time in a European Treaty under article 6 (e) of the TFEU.
So, sport is a new area of competence of the EU, probably a very soft competence but
still a competence! Sport is mentioned under article 6 (e) with education, vocational
training and youth, which is quite reasonable given the fact that the sport unit of the
European Commission is a part of DG Education and Culture.
According to article 6 of the TFEU ''the Union shall have the competence to carry out
actions to support, coordinate or supplement actions of the members states in the field
of sport. Further, according to article 165, the European Parliament and the
Council shall adopt incentive measures, excluding any harmonization of laws and
regulations of the member-states. So, explicitly there is no place for regulatory
competence in the field of sport.
However, what is the term 'incentive measures' supposed to be meaning?
The Treaty notion of incentive measures for sport can be expected to be
materialized into a Commission proposal for an EU Sport Programme. This will be
the first of its kind. Through the transfer of knowledge, formation of networks,
exchange of best practices, better coordination, or mobility of some categories of
professional staff, the sport programme should promote good governance and foster
sports social, health and educational functions.
It is indicative that the European Commission has already worked on that by
implementing Preparatory actions in the field of sport in the years 2009 and 2010,
providing support from the EU budget to multi-actor activities in areas such as health,
education, equal opportunities. 340This has helped the Commission to identify
suitable topics for the Sport Programme.

And, what is going to change in effect with the new EU competence?

First of all, EU Sports Ministers will start meeting at EU level alongside their
counterparts responsible for e.g. education and youth matters. The Council will thus
start meeting in a new composition. These formal meetings will replace the informal
Sport Ministers' meetings. Also, a new working part sport will be created in the
Council. Furthermore, the new legal basis will enable the Commission, taking due
account of the competence of the Member States and the autonomy of the world of
sport, to take initiatives to promote the educational and social values of sport Europewide and to fight against negative phenomena in sport. A Sports Programme can be
created to financially support projects with a European dimension in selected priority
areas. Of course, all actions will continue to need to respect the acquis communautaire
and ECJ case law. It is thus not evident whether the new Treaty article will strengthen
the specificity of sport regarding the application of the acquis.
339

Paul Craig, The Treaty of Lisbon, process, architecture and substance, in European Law
Review 2008
340
for more details about the preparatory action and the call for proposals,
http://ec.europa.eu/sport/preparatory_actions/doc866_en.htm, In the year 2004, which was
declared a the European Year of Sport, there was also a call for proposals. Find the results of
this call for proposals here http://ec.europa.eu/sport/library/doc/a/doc260_en.pdf

173

Aricle 165 more analytically

More analytically, the Treaty states (article 165 par. 1) that the Union shall contribute
to the promotion of European sporting issues, while taking into account of the specific
nature of sport, its structures based on voluntary activity and its social and
educational function.
The reference to the "voluntary activity" is of great importance. Volunteerism is very
important for Europe. According to a survey, 92 to 94 million Europeans are involved
in volunteering activities, which represents the 22-23% of the European
population.341 The year 2011 has been declared as the European Year on
Volunteerism. That means that many projects about volunteerism will be promoted
and funded by the EU. However, it has to be highlighted that volunteerism is only
mentioned in the Treaty in terms of the sport activity. There is no other reference
about volunteerism in the entire Treaty. The European Commission made recently a
study on volunteerism and sport had a special place in this study.342 The special role
that the EU attaches to volunteerism in sport which led to this reference to the Treaty
was already demonstrated in the White Paper on Sport, where a relative chapter was
included about the promotion of voluntering and active citizenship through sport.343
Also, it should be mentioned here that the Commission, since 2007, runs an informal
working-group on non-profit sport organizations.344 Thus volunteering is sport has
been identified as an area that needs to further developed and promoted and obviously
after the explicit reference in the Treaty, it will be an important part of the EU sport
program.
Also in article 165 there is a reference on the social and educational function of sport.
This reference seems to be quite logical given the previous interest of the EU in this
field. Indeed, the educational and social role of sport has been pointed out since the
very beginning of the EU policy. The social role of sport was acknowledged in the
Amsterdam and Nice Declaration and both. Also, the White Paper on Sport in 2007
includes two relevant chapters (about education and social inclusion respectively).
Chapter 2 of the White Paper is about the societal role of sport. Sport has been
recognized as a very effective tool for the social inclusion and integration of many
categories of people, for promotion of health, for the fight against racism and
violence. The Commission through the preparatory action 2009, supported projects
about equality of genders in sport, health enhancing physical activity and sport for
people with disabilities.345
341

European Commission, European Study on volunteerism,

http://ec.europa.eu/sport/library/doc/f_studies/executive_summary_volunteering_final_report
_en.pdf
342
find the full text of the study here
http://ec.europa.eu/sport/library/doc/f_studies/volunteering_final_report.pdf
343
chapter 2.4., find the text here http://ec.europa.eu/sport/whitepaper/whitepaper8_en.htm#2_4
344
http://ec.europa.eu/sport/library/doc484_en.htm#nonprofit
345
find the results of the call for proposals 2009 here
http://ec.europa.eu/sport/preparatory_actions/doc866_en.htm

174

In respect of the educational role of sport, apart from the relative reference in the
White Paper, since July 2009 there has been a working group in Education and sport,
which deals with relative issues.346
It is clear that after the entry into force of the new Treaty the EU will try to go on
supporting social inclusion in and through sport as well as the educational role of
sport now based on an explicit competence on this issue.
A very controversial issue is the reference on the specific nature of sport. (The Union
will contribute to the promotion of the European sporting issues while taking into
account the specific nature of sport). Indeed, the issue of the specificity of sport is
probably the most ambiguous and vague one in the field of EU sport. The ECJ has
released many decisions about this matter.347 Yet, the situation does not seem to be
much clearer.
What is this phrase, though, supposed to be meaning? One could, at first sight, think
that it is an official recognition of an exemption for sport from the EU law. At least,
this is definitely the way that sport associations will try to interpret this article.
Furthermore, the reference to the fairness and openness of sport competitions in this
article in combination with the reference to the specificity of sport could support this
argument on the grounds that sporting rules are orientated to promote fairness and
openness of sport competitions.
Nevertheless, under closer examination, the specificity of sport had been already
recognized much earlier than the entry into force of the Lisbon Treaty.
In fact, the debate on the relation between the specific nature of sport and EU law is
not new. The issue has been extensively discussed on many different occasions
during the last decade.
The cornerstone of this debate is the relationship between sport and public law. Sport
organisations are recognized as autonomous and they are entitled to regulate their
own sports. This is a common principle distinguishing the organisation of sport in
democratic States from that in authoritarian regimes. However, sport organisations
operate in a legal environment and are subject, just like any other private body, to the
rule of law.
The EU has consistently proclaimed its respect for the autonomy of sport
organisations and its willingness to promote self-regulation as a way of addressing
governance challenges in the sport world. However, autonomy cannot exist in a
vacuum and the rules adopted by sport organisations need to be compatible with the
laws democratically adopted by our societies. It is not an easy task to find the right
balance between these co-existing legal frameworks.

346

this working group has met twice so far

Case 36/74 Walrave and Koch v Association Union Cycliste Internationale [1974] ECR
1405, Case 13/76 Don v Montero [1976] ECR 1333,Case C-415/93 Union Royale Belge de
Societes de Football v Bosman [1995] ECR I-4921, Cases C-51/96 and C191/97 Delige v
Ligue Francophone de Judo et Disciplines Associes ASBL [2002] ECR I-2549, C-438/00
Deutscher Handballbund e v Kolpak (2003) E.C.R. I-4135, Case C-176/96 Jyri Lehtonen &
Castors Canada Dry Namur-Braine v Fdration Royale Belge des Socits de Basketball
ASBL [2000] ECR I-2681., Case T-313/02 Meca-Medina and Majcen v Commission [2004]
ECR II-3291,Case C-519/04P Meca-Medina & Majcen v Commission [2006] 5 CMLR 18,
Case T-193/02 Piau v Commission [2005] ECR II-209
Case C-171/05P Piau v Commission (www)
347

175

It has been crystal clear that sport, because of its social, educational and cultural
functions and because of the uniqueness of its governance structures, has special
characteristics, unlike any other sector of the economy.348 It therefore deserves a
special place in national and EU policy-making. The specific characteristics of sport
justify its specific treatment by European Union institutions when applying EU
law.349 In an EU context, the specificity of sport is basically a common denominator
for all characteristics that make sport special, which should be used when concrete EU
rules in areas such as competition, internal market, anti-discrimination etc. are applied
to concrete aspects of sport.350
The specificity of sport has been recognised by the Commission in the White Paper
on Sport which also provides guidance regarding its practical application.351
The world of sport is pursuing a number of objectives that justify specific treatment
for sport when EU law is applied to sport activities. Examples of such legitimate
objectives are to ensure the fairness of sport competitions, to ensure the uncertainty of
results, to protect the health of athletes, to protect the safety of spectators, to
encourage the training of young athletes, and to ensure the financial stability of sport
clubs and teams.
At the same time, though, trying to define the specificity of sport in a legal or abstract
way is not possible for the simple reason that this would lead to a de facto exemption
from some areas of EU law and this does not seem to be the wish of EU Members
States, which have never included any exemption for the sport sector in the Treaties
on which the EU is based.
In line with the White Paper on Sport, it is possible to make constructive progress in
the debate on the specificity of sport by following a theme-per-theme approach.
The free movement of people, which is one of the fundamental freedoms enshrined in
the EU Treaties352, is probably the area where the issue of specificity of sport meets
348

Declaration (No20) on Sport, annexed to the final Act of the Treaty of Amsterdam (1997),
Declaration on the specific characteristics of sport and its social function in Europe, of which
account should be taken in implementing common policies, annexed to the Conclusions of the
Nice European Council, Bulletin EU, 12-2000
349

Colomo, The application of EC Treaty Rules to Sport: the approach of the European Court
of First Instance in the Meca Medina and Piau cases in ESLJ (www) Volume 3 Number 2,
Weatherhill St., Fair Play Please!:Recent Developments in the Application of EC Law to
Sport, in Common Market Law Review 40:51-93, 2003.
350

Martin D., La nationalite dans la jurisprudence de la Cour de Justice des Communautes

Europeennes, in CIES, La nationalite dans le sport, Enjeux et problemes,Actes du Congres
des 10 et 11 Novembre 2005,Editions CIES, Neuchatel Suisse-2006, p.137
351

http://ec.europa.eu/sport/white-paper/whitepaper8_en.htm#4_1

352

According to Article 3 EC Treaty, the abolition, between member states, of obstacles to the
free movement of goods, persons, services and capital is required. Furthermore, according to
Article 12, for this to be achieved, any discrimination on grounds of nationality shall be
prohibited. Three further crucial Articles specify this goal in the fields of employment
(Article 39), establishment rights (Article 43) and service provision (Article 49). More
specifically, in the field of employment, Article 39 provides that freedom of movement shall
entail the abolition of any discrimination based on nationality between workers of the member
states in respect of employment, remuneration and other conditions of work and employment,
and the right to move freely within the territory of member states for this purpose, to stay in a
member-state for the purpose of employment and to remain in the territory of a member-state
after having been employed in that state. Article 39 is directly applicable and has direct

176

the most problems. In the White Paper, the Commission recognizes that the
organisation of sport and of competitions on a national basis is part of the historical
and cultural background of the European approach to sport. The Commission equally
recognizes that national teams play an essential role in terms of identity. They are also
important to secure solidarity with grassroots sport, and therefore deserve to be
supported.
However, discrimination on grounds of nationality is prohibited in the Treaties. Any
citizen of the Union has the right to move, reside and work freely in the territory of all
the Member States. Nevertheless, in some cases sporting rules which restrict the
freedom of movement of athletes may be accepted under EU law if they pursue a
legitimate objective, such as the organisation and proper conduct of competitive
sport, and if they are proportionate to the attainment of such an objective.353
horizontal as well as vertical effect. Article 39 is also escorted by secondary legislation.
Directive 68/360 secures rights of entry and residence, regulation 1612/68 regulates access to
and conditions of employment and regulation 1251/70 is about the right to remain in the
territory of a member state after employment there. Finally, Directive 64/221 establishes the
rights of member states in connection with the derogations pointed out in Article 39(3).
Regarding Article 43, it should be mentioned that the right of establishment is about the right
of individuals and firms to establish a business in other member-states. It is directly
applicable and effective.
Finally, Article 49 prohibits restrictions of freedom to provide services within the Community
in respect of nationals of member states who are established in a state of the Community
different from that of the person for whom the services are intendedDirective 64/221, though,
introduced a restriction on the freedom to provide services on the grounds of public policy,
public security and public health.
In respect of the scope of the application of the free movement rules, a party may rely on
them in order to set aside not only contrary national laws352 but also rules of international
sport organisations.
353

According to the judgments of the Court, sporting rules can avoid the consequences of the
application of the EC law on the following occasions.
A. Firstly, the ECJ has made totally clear since Welrave that if the rule in scrutiny does not
involve an economic interest, it falls outside the ambit of the freedom of movement rules. For
example, in the Meca-Medina Case it was held by the Court of First Instance that anti-doping
rules concern exclusively non-economic aspects of sport, designed to preserve noble
competition and therefore fall outside the ambit of the EC Treaty. The ECJ, though, judging
in appeal, held that antidoping rules fall within the scope of Articles 39 and 49 but not
necessarily constitute a restriction of competition under Article 81 EC as they are justified by
a legitimate objective, to ensure proper conduct of competitive sport Much earlier, two cases
in English law dealt with the question of whether doping rules constitute a restriction of
Articles 39and 49. In Wilander v Tobin, it was held that sanctions of suspension due to drugtest failure falls outside the scope of Article 49 as a rule governing sporting conduct. In
Edwards v BAF and IAAF, it was held that doping rules also do not violate Article 49. Apart
from doping, which one way or another is saved from the EC test, purely sporting rules, such
as technical rules of the games, like red cards or disqualification cannot be further examined,
since they do not fall within the scope of the EC Treaty.
B.Beyond the purely sporting matters, other matters can slip outside the EC law application,
but they have to meet some standards. As the Court has decided, sport rules and regulations,
even if they involve an economic effect, may not violate the Treaty as long as they can be
justified by the organisation of the sport itself. However, this is not enough. The sporting rule
at stake will have to satisfy the test of proportionality.353 The courts will scrutinize the rules of
sports organizations to see whether these exceed what is necessary to pursue the legitimate

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It has to be made clear that quotas based on nationality at international level are not a
priori illegal. However, it cannot be accepted that EU citizens are treated as third
country nationals within the territory of the Union.
The entry into force of the Lisbon Treaty and the sport competence contained therein
has raised expectations in international and European sport organisations, which
consider that the Commission should go beyond the approach taken in the White
Paper on Sport.354
However, it seems that Article 165 of the TFEU seems to do nothing but reiterating
this fact and also kind of codifying the existing ECJ case-law. Therefore, allegedly,
the new article has not much to add in this sector. The issue of specificity will keep
being examined on a theme by theme basis. This seems to be the case under a
judgement released on the 16th March 2010 by the ECJ.355 In this case356, the ECJ,
had to decide whether the principle of the freedom of movement for workers laid
down in [Article 39 EC] preclude a provision of national law pursuant to which a
joueur espoir who at the end of his training period signs a professional players
contract with a club of another Member State of the European Union may be ordered
to pay damages and, if so, whether the need to encourage the recruitment and
training of young professional players constitute a legitimate objective or an
overriding reason in the general interest capable of justifying such a restriction.
aim of the sport. If these prerequisites (legitimate sporting objective, proportionality test) are
met, the rule will remain in force even if it involves a restriction of freedom of movement
354
The White Paper on Sport and the Action Plan Pierre de Coubertin were very analytical
regarding this issue. Find the relative text here http://ec.europa.eu/sport/whitepaper/whitepaper8_en.htm#4_1
355
Case C-325/08, Olympique Lyonnais SASP, Olivier Bernard,Newcastle United FC,
http://eurlex.europa.eu/Notice.do?mode=dbl&lang=el&ihmlang=el&lng1=el,en&lng2=bg,cs,da,de,el,e
n,es,et,fi,fr,hu,it,lt,lv,mt,nl,pl,pt,ro,sk,sl,sv,&val=509452:cs&page=
356
Proceedings brought by Olympique Lyonnais SASP (Olympique Lyonnais) against Mr
Bernard, a professional football player, and Newcastle United FC, a club incorporated under
English law, concerning the payment of damages for unilateral breach of his obligations
under Article 23 of the Charte du football professionnel (Professional Football Charter) for
the 1997 1998 season of the Fdration franaise de football (theCharter). The football
player after having finished a temporary training contract with the French football club,
characterized as jouer espoir, instead of signing a contract with this club, he left to the UK
and signed a contract with Newcastle. At the material time in the main proceedings,
employment of football players was regulated in France by the Charter, which had the status
of a collective agreement. Title III, Chapter IV, of the Charter concerned the category known
as joueurs espoir, namely players between the ages of 16 and 22 employed as trainees by a
professional club under a fixed-term contract. At the end of his training with a club, the
Charter obliged a joueur espoir to sign his first professional contract with that club, if the
club required him to do so. On the normal expiry of the [joueur espoir] contract, the club is
then entitled to require that the other party sign a contract as a professional player. The
Charter contained no scheme for compensating the club which provided the training if the
player, at the end of his training, refused to sign a professional contract with that club. In such
a case, however, the club which provided the training could bring an action for damages
against the joueur espoir under Article L. 122-3-8 of the Code du travail (Employment
Code) for breach of the contractual obligations flowing from Article 23 of the Charter. Article
L. 122-3-8 of the French Code du travail.

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The Court held that in considering whether a system which restricts the freedom of
movement of such players is suitable to ensure that the said objective is attained and
does not go beyond what is necessary to attain it, account must be taken of the
specific characteristics of sport in general, and football in particular, and of their
social and educational function. The relevance of those factors is also corroborated
by their being mentioned in the second subparagraph of Article 165(1) TFEU357.
Finally, the Court accepted that the measure is in violation of the freedom of
movement of workers, but the educational and social character of football can justify
this measure. Yet, it was held that the measure went beyond what was necessary.
So, it seems that the ECJ even after the entry into force of the Treaty stayed at the
same criteria as before and at the theme-per-theme basis. We need to wait, though, for
more relevant decisions to see what the tendency is.

Article 165 continues in paragraph two by stating that 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 women, especially the
youngest sportsmen and sportswomen. The reference to the promotion of fairness and
openness in sporting competitions in conjunction with the reference to the protection
of the physical and moral integrity of sportsmen and sportswomen leads directly to
the issue of doping. It is clear that the EU will curry on contributions to the fight
against doping. The European Union has shown a great interest in doping. In 1975 the
European Ministers adopted a European Charter Map against doping, in which they
were comited to take measures against doping. In 1989 in Strasburg the memberstates signed the European Convention against doping in which a list of the prohibited
substances was included.358 In January 2002, the European Commission asked for
the preparation of 3 studies about doping (Aren't we all positive? A (socio)economic
analysis of doping in elite sport359 , Hardop report: Harmonisation of methods and
measurements in the fight against doping360, CAFDIS: Concerted Action in the
Fight against Doping in Sport (GTC1-2000-28002)361.
Also, the Commission, since 2007, runs a working group on Anti-doping that has
already met 4 times362 and also the White Paper as well as the Action Plan Pierre de
Coubertin which accompanies the White Paper was quite analytical regarding
doping.363 In May 2009, finally, the Commission organized in Athens an EU
Conference on anti-doping, dealing with many issues such as the EU cooperation
regarding accredited ant-doping laboratories and criminalisation of trade in doping
substances.364
Evidently, the EU should, based on Article 165 paragraph 2 of the TFEU, cooperate
with WADA, sports organisation, public authorities and the Council of Europe. The
357

Point 40 of the decision

Panagiotopoulos D., Sports Law, Nomiki Vivliothiki Publication, Athens 2006
359
http://ec.europa.eu/sport/library/doc/c2/doc364_en.pdf
360
http://ec.europa.eu/research/smt/hardop-en.pdf
361
http://ec.europa.eu/research/growth/gcc/projects/antidoping-cafdis.html
362
for more details http://ec.europa.eu/sport/library/doc484_en.htm#antidoping
363
http://ec.europa.eu/sport/white-paper/whitepaper8_en.htm#2_2 and
http://ec.europa.eu/sport/white-paper/whitepaper104_en.htm#2_2
364
find the conclusions of the conference here
http://ec.europa.eu/sport/news/doc/athens_conf_conclusions_final_version_en.pdf
358

179

EU Institutions should play a crucial role in encouraging EU Member States within

the EU Council to adopt legislation or policies that are in accordance within the
WADA Code, and should strengthen the implementation thereof. Based on the
existing share of practices coordinated by the European Commission within a specific
working group, this cooperation could be further developed and also include judicial
and police cooperation across the EU on doping networks and trafficking.
Furthermore, the EU should support research projects developed in the field of antidoping, through the existing EU funding programmes and the future sports
programme, in order to improve detection, prevention and education.
However, doping is also an area where inconsistencies between the sport
associations regulations and the EU law can be found. For instance, the doping
control and whereabout systems lead to inconsistencies with the Data protection
Directive365 and also the European Convention of Human Rights.366
Doping can be also an area that is caught by the ambit of the article 83 paragraph 1 of
the TFEU. This article provides that The European Parliament and the Council may,
by means of directives adopted in accordance with the ordinary legislative procedure,
establish minimum rules concerning the definition of criminal offences and sanctions
in the areas of particularly serious crime with a cross-border dimension resulting
from the nature or impact of such offences or from a special need to combat them on
a common basis.
These areas of crime are the following: terrorism, trafficking in human beings and
sexual exploitation of women and children, illicit drug trafficking, illicit arms
365

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on
the protection of individuals with regard to the processing of personal data and of the free
movement of such data, Official Journal L 281, 23/11/1995 p.0031-0050, for this issue there
is a special working party, set-up by the Commission, Article 29 Data Protction working
party, an independent EU advisory body on data protection and privacy.
(http://ec.europa.eu.justice_home/fsj?privacy/docs/wpdocs/tasks-art-29_en.pdf), Petritsch G.,
Wadas Wereabouts System, Athleets right to pay?An abstract of the latest developments,
in International Sports Law Review Pandektis, Vol.8:1-2, 2009
366

Prima facie, the doping regulations violate many fundamental human rights. First of all,
from article 10 of the ECHR, we could derive a right to sport. Article 10 establishes the
freedom of expression, which includes the physical expression, that is sport. It, also, includes
the freedom to express somebodys self by participating in sport as a spectator. According to
article 10.2, any restriction to this right should have a legitimate aim, should be prescribed by
and should satisfy the principle of proportionality. By preventing an athlete from competing
on a temporary or permanent basis, this right is violated. Therefore, doping could be legal
only if satisfies the prerequisites of article 10 par.2. This is not the only right that doping
regulation violates. The doping tests as well as the doping sanctions could violate the
fundamental right of personal liberty and privacy, which is established by the ar. Article 12 of
the Universal Declaration of Human Right, and the Article 17 of the UN Convention on Civil
Rights. It can be also deduced by the ar 8 of the ECHR. Indeed, since athletes could undergo
anytime and anywhere ( even in their home ) a doping control this right is definitely violated.
Furthermore, many legal commentators have observed that anti-doping rules may restrict the
right of an athlete to a fair hearing and the right to be presumed innocent ( article 6 par.2
ECHR ), specifically if and to the extent that such rules provide for a doping offence and/or a
sanction irrespective of any fault on the part of the athlete. The right to a fair hearing is
widely recognised as a fundamental human right, something which is also highlighted by the
European Anti-Doping Convention (article 7.2d).

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trafficking, money laundering, corruption, counterfeiting of means of payment,

computer crime and organised crime.
Indeed, doping can be caught by the ambit of the term illicit drug trafficking and
therefore, the EU can have a wider and stronger competence regarding the fight
against doping, which can reach the level of harmonization of laws.
The term openness and clearness of sport competitions, though, can have a wider
scope. Its ambit is not limited to doping but it includes match fixing, money
laundering, irregular and illegal betting, corruption etc. The EU, therefore, will
combat against these negative phenomena as well. Sports-related intellectual
property rights (IPR), which represent a major source of income for sports
stakeholders, are also relevant and the EU based on this part of the article could
safeguard these rights.
Also, the phrase protecting the physical and moral integrity of sportsmen and women,
especially the youngest sportsmen and sportswomen entitles the EU to deal with other
negative phenomena in sport that can have a detrimental effect on sportpersons and
especially the younger ones, such as overtraining, not sufficient preventive measures
against injuries etc.367
Moreover, the EU based on this phrase can develop programs about health enhancing
physical activity, education, sport activities at school level and basically the athletes
integration in the job market during and after their sport career.
The Commission has already encouraged support for sport and physical activity
through various policy initiatives in the field of education and training (Lifelong
Learning Programme). In the framework of the Preparatory Action on Sport 2009
various projects have been supported in the field of health-enhancing physical activity
(HEPA) and education, with the objective of exchanging good practices on how to
integrate more sport in the school environment. It should be noted, though, that
funding of sport activities at school level and the content of school curricula are the
exclusive responsibility of the Member States. Regarding the issue of dual careers,
.the EU should take a wider view and ask for a good combination of general
education and training to facilitate integration in work and life after a sport career.
Good practices and possible measures are being discussed in the Working Group on
Education and Training in Sport and are part of projects supported by the
Commission. Further analysis is needed on the subject of facilitating the participation
of young athletes in the existing mobility programmes of the EU and/or in the future
Sport Programme.
Article 165 paragraph 3 of the TFEU provides the EU and the Member States shall
foster cooperation with third countries and the competent international organisations
in the field of education and sport. This provision, following the EU White Paper on
sport, allows the EU Institutions to promote the use of sport as a tool in their
cooperation and development policy with third countries. The EU Institutions are
asked to create synergies and facilitate the support of projects for the development of
sport and the development via sport in developing countries within the existing
external agreements between the EU, its Members States and third countries. The
cooperation of the EU with the Olympic and sport movement is required
The Commission has already gained some experience in supporting sport-related
projects in developing countries, through different programmes, and has thus helped
to enhance the image of European sport and its social and educational roles. In July
367

the White Paper has included a relevant chapter http://ec.europa.eu/sport/whitepaper/whitepaper8_en.htm#4_5

181

2006, the Commission and FIFA adopted a Memorandum of Understanding to make

football a force for development in African, Caribbean and Pacific countries. Further
more, the Commission participates in the works of the Sport for Development and
Peace International Working Group, which presented its final recommendations in
2008.
Given the fact that Article 165 TFEU explicitly calls on the EU to "foster cooperation
with third countries and the competent international organisations in the field of
sport, in particular with the Council of Europe", as well as the clear reference to the
specificity of sport, the creation of synergies with the sport and Olympic movement is
a vital requirement. The EU should consult and cooperate with the competent sport
organisations in al the issues.
There is a special reference to the Council of Europe (CoE). The Council of Europe is
an intergovernmental European cultural institution which comprises the majority of
the European countries. It is well known not only for its Human Rights Convention
but also for its useful work in areas, such as environment and education. Its
involvement in sport has been great. Indeed, the CoE has a directorate with sole
responsibility for sport. Through this directorate the European Minsters for sport meet
every three years to draw up guidelines for the Council of Europes sport policy as
well as to discuss problems arising in the international sport arena. Informal meetings
can be also held within the three years cycle.368
By this special reference it seems that the contribution of the CoE in the European
sport affairs is recognized and appreciated. Evidently, its cooperation with the EU
institutions is considered to be precious for the development of an EU sport program.
Article 165, paragraph 4, finally, makes clear the borderline of the EU competence
over sport. The European Parliament and the Council, acting in accordance with the
ordinary legislative proedure, after consulting the Economic and social committee and
the Committee of the Regions, shall adopt incentive measures, excluding any
harmonisation of the laws and regulations of the member-states. As has been already
stated the term incentive measures means the development of an EU sport program,
which will have to be accepted by the European Parliament and the Council under the
ordinary legislative procedure. Explicitly, any kind of harmonisation is excluded. The
TFEU, therefore, reiterates the essence of article 6 that the competence on sport is the
softest kind of EU competence. However, in the second part of paragraph 4, it is
stated that the Council, on proposal from the Commission, shall adapt
recommendations. This is the borderline of the competence of the EU over sport: the
possibility of adopting recommendations is sport issues. For instance, an issue that
could possibly take the form of recommendation is the Physical Activity Guidelines,
adopted by the Sport and Health working-group by the member-states. It will be
interesting to see how the EU institutions will use this article.

368

Gardiner et al, Sports Law, Cavendish Publishing, London-Sydney, 2005

182

tThe

European Forum on Sport

The European Forum on sport constitutes the meeting point between the EU and the
sporting world.
The first European forum on sport took place in 1991. The aim of the forum was all
the actors of European sport (Commission, Parliament, Council, national and
international federations, mass media, sport industries, public authorities, and
universities) to meet once per year.
This forum was mainly a place of discussion and exchange of opinions in the world
of European sports. After the Amsterdam declaration this forum acquired a new
dimension. According the Amsterdam declaration the European institutional organs
were asked to come to discussions with the sporting organizations when major
sporting issues arise. In 1999 the European Congress on sport, held in Ancient
Olympia replaced the 1999 forum. The Congress played a vital role in the
elaboration of the Report on Sport which was approved in December 1999 and
submitted in the European Council of Helsinki.
After the provision of the Constitutional Treaty draft, the Commission estimated that
it would be necessary new structures to be created for the sufficient dialogue between
the EU and the sporting world. Also it was suggested that a discussion mechanism
should be created with the sporting world and the citizens as well.
It has to be stated that that it is obvious that the development of the sporting
structures and rules in the EU relies heavily on the dialogue with the sporting
institutions and in particular on the IOC and the European sporting federations. The
very first paragraph of the White Paper on sport 2007, which prefixes the dialogue
and the role of the IO, makes this clear. Therefore, obviously a combination of the
autonomy of the sporting movement and the community organs competence is tries
to be succeeded via their most representative institutions.

The European Parliament and its positions about sport in Europe

The European Parliament also has a pivotal role functioning as a link between sport
and Europe. The Commission of cultural and educational matters of the Parliament is
mainly charged with the responsibility of the maintenance of these connections.
However, since 1992 a parliamentary group of European Parliament members meets
regularly and examines the consequences of the developments of sport within the
EU.

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According to the decision 291/2003/EP, of the 6th of February 2003, the year 2004,
which was rich in sporting organizations, including the Euro 2004 in Portugal and
the Athens Olympics, was proclaimed as the European year of Education through
sport. However, it was not a European year of sport, since the EC had no competence
in this field at the time. During that year, there was a great motivation in schools,
sporting clubs and institutions, federations and public organizations in all the 28-at
that time- member-states, thanks to the European Year of Education through sport.
Beyond the promotion of the benefits of sport in education and the organization of
many high level sporting events, the European Year of Education through sport, via
the European Commission supported and co-subsidized approximately 200 projects
which promote the possibilities that sport offers in education, the citizenship and the
social integration. About 11, 5 millions E were disposed for this year, including the
preparative period (2003). By this initiative the EU aimed at promoting sport as a
means of education and upgrading the image of sport in the society.
The closing ceremony of the European Year of Education through sport enabled the
European Commission to present the results of a special research of the Eurobarometer on sport, which was conducted in October 2004 in the 25-at that timemember-states. This research indicated that the majority of European citizens agreed
with the aims of the European year, such as the important role that sport plays in the
spreading of certain values, for instance. The vast majority of the individuals that
were asked answered that they believed that sport should have a more important
place in the schools schedule. In 2009 there was a new Eurobarometer survey on
sport and physical activity. The survey reveals large disparities among Member
States. Citizens of the Nordic countries are the most active in the EU while citizens
of Mediterranean countries and the 12 new Member States tend to exercise less than
the EU average. There are also large disparities in voluntary activity in sport as well
as in the percentage of citizens who feel that their local authorities provide them with
opportunities for physical exercise.369

The regulation of sport by the EC law: prevalence of the EC law and specificity
of sport
Sport is subject to the EC law application as the White Paper on Sport now clearly
mentions. The competition law and the internal market provisions are applied to
sport which constitutes an economic activity.
Sport is also subject to important aspects of the EC law, such as the prohibition on
discrimination due to nationality and the equality between men and women in respect
of employment.
Nevertheless, sport also maintains some special characteristics which are often
referred to as specificity of sport. These special characteristics of sport are
approached through two prisms:
369

http://ec.europa.eu/sport/news/news910_en.htm

184

The White Paper on sport

The European Commission released on the 11th July 2007 its first aggregate initiative
on sport, the White Paper on Sport, aiming at providing a strategic direction about
the role of sport within the EU. It was a result of a 2-year discussion among the EU,
sporting organizations, member-states etc. as well as a result of an electronic debate
which started in February 2007.
The White Paper respects the principle of subsidiary, the autonomy of sporting
organization, the EU legal framework and offers legal clarity by making an overview
of the ECJ judgments and the Commission decisions regarding sport.
Acknowledging the social and economic role of sport, the White Paper is to orientate
the activities of the Commission in this direction in the future.
The European Approach to sport
The political debate on sport in Europe often attributes considerable importance to
the so-called "European Sport Model". The Independent European Sport Review, for
example, identifies several characteristics of sport in Europe which allegedly
constitute this model: a pyramid structure of organization allowing for democratic
functioning and a certain degree of solidarity between members, combined with open
competitions370.
The European Union has approached sport through its special characteristics.
According to the Commission's 1999 Helsinki Report on Sport [t]here are many
common features in the ways in which sport is practiced and organized in the Union,
in spite of certain differences between the Member States, and [it] is therefore
possible to talk of a European approach to sport based on common concepts and
principles. The Helsinki report and the Nice Declaration make it possible to flesh
out this approach, which is based in particular on the following elements found to
varying degrees depending on the sports and the Member States in question:

A pyramid structure for the organization of sport and of sport competitions and a
central role for the sports federations;

A system of open competitions based on the principle of promotion/relegation;

A broadly autonomous sports movement that may develop partnerships with the
public authorities;

Structures based on voluntary activity;

370

Richard Parrish, Sports Law and Policy in the European Union, Manchester University
Press, 2003, Roger Blanpain, The Legal Status of Sportsmen and Sportswomen
under International, European and Belgian National and Regional Law, 2003
Stephen Weatherill, European Sports Law, Collected Papers, University of Oxford, 2007

185

Solidarity between the various constituent elements and operators.

In addition, the Commissions Consultation Conference EU & Sport: matching

expectations (29-30 June 2006) stressed

the importance of national teams and competitions between these teams,

the focus on health and the fight against doping,

the involvement of the public sector in the financing of sport, and

common management of amateur and professional sport by sport associations.

These characteristics enhance the positive values carried by European sport and
deserve to be supported.
Nonetheless, it must be recognized that any attempt at precisely defining the
"European Sport Model" quickly reaches its limits. Some of the features often
presented as "characteristic", such as the system of open competitions based on
promotion and relegation, are actually limited to a certain category of sport (team
sport in this specific case). As a matter of fact, even for team sports the system of
open competitions is somewhat mitigated by a licensing system that introduces
financial criteria for participation in competitions.
Other sports present in Europe have adopted a totally or partially closed system for
participation in professional sport competitions, such as motor-sports or cycling. The
relevance of the pyramid structure for the organization of competitions (and of the
sport itself) is thus greatly reduced. It should be noted that the organization of
competitions also largely diverges from the pyramid structure in other sports, such as
golf
or
tennis.
On the other hand, what is often presented as constitutive of a unique "European"
model can sometimes apply to the organization of sport in other parts of the world or
even globally. The European model of sport has been a successful model and many
of its elements have therefore been adopted by other countries around the world.
New tendencies are challenging the traditional vision of a unified "European Sport
Model". Economic and social developments that are common to the majority of the
Member States (increasing commercialization and stagnation of public spending on
the one hand, and an increase in the number of participants together with stagnation
in the number of voluntary workers on the other) have resulted in new challenges for
the organization of sport in Europe. The emergence of new stakeholders (participants
outside the organized disciplines, professional sports clubs etc.) and the increasing
recourse to litigation are posing new questions as regards governance, democracy
and representation of interests within the sports movement.
The Commission is fully aware and respectful of the autonomy and diversity of
sports and recognizes that governance is mainly the responsibility of sports
186

governing bodies and, to some extent, the Member States. The autonomy of sport
organizations needs to be recognized and protected, within a framework that ensures
the implementation of good governance principles such as democracy, transparency
and accountability. On this basis, self-regulation should be encouraged, provided that
EU law is respected in areas such as free movement, non-discrimination and
competition.
While different sports may wish to examine their own organization, the method will
need to be adapted to fit the specific situation of each sport. In the sports world,
governance usually refers to reinforced transparency and the introduction of formal
rules and procedures in fields which have hitherto been governed in a more informal
way.
The Commission considers that each sport has its specificities and deserves to be
treated differently according to these. The EU will not impose general rules
applicable to all European sports. However, EU law will continue to apply to sport,
particularly as far as competition, freedom of movement and non-discrimination
rules are concerned. Moreover, dialogue with sports organizations has brought a
number of areas for possible EU action to the Commissions attention, particularly
transfers, activities of players' agents, licensing systems, involvement of supporters
in clubs, criminality in sport, and the protection of minors and media rights.

Towards the formation of a European perception on sport.

So, what could the contemporary European perception on sport be? This question is
quite important since the Olympic Games of Athens in 2004 and the ones of London
in 2012 constitute the first two organizations held under the absolute application of
the EC law in sport, the first two Olympic Games of Europe. How is the legal
framework of the Olympic organization now formed? The IOC rules are now limited
to the regulation of purely sporting matters (sport events rules etc.), while all the
matters which involve economic interests are governed by the EC law. However, the
Olympics have a global character. When the Olympics are held outside Europe this
cannot be the case. The IOC rules will enjoy their absolute autonomy.
The Athens Olympics could have been used, though, for a more essential objective.
They would allow the gradual exploration of the European dimension of sport, as
formulated by the EC Treaty.
The Olympic Games as an event addressed to a huge number of European citizens
inevitably concerns a huge number of European voters as well. A European
democracy, as long as it claims to be a participial one, can do nothing but attach
emphasis on the sporting phenomenon.
The European dimension of sport attaches also emphasis on major economic interests
and objectives which are regulated by the EC law. It is clear, therefore, that the EC
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law can do nothing but claim its active role in this field by formulating an
appropriate framework in the relative market, by controlling the competition and by
guaranteeing the community freedoms.
This leads, though, to the restriction to the private character of the sporting
phenomenon, because of the freedom of establishment and movement, which has
vital effects on the status of the athlete and culminates in the submission of the
sporting phenomenon to the community legal order. Given that the Olympic
Movement is connected with huge economic interests, Olympic Games could lead to
a contrast between two very powerful poles: the IOC and the IFs from the one side
and the EU from the other side, as long as matters of its interest are at risk. The
European participial democracy can respond creatively to this problem, by
combining the mutual demands of the two poles and embracing the phenomenon of
sport, just like it has to embrace the many different dogmas, religions and other
organized needs of people.
The cities of the Olympic organizations are not only units of a states structure any
more, but a part of the EC territory. That is why the EC law now claims an active
role for itself within the framework of the Peoples Europe and the policy of the
European cities network. Under these circumstances the IOC should reconsider its
policy of the host-city contract, given that it cannot commit the community
legislative organs.
Nevertheless, it has to be stated that the Olympic Games of Athens can lead us to the
conclusion that the EU was totally absent. Despite the fact that the community
interest in sport is enormous and despite the fact that many issues arose regarding the
EC law during both the preparation and the organization of the Games, it cannot be
claimed that the expected activation from the side of the community organs was
noticed.
The Olympic Games of London will be the first Olympic Games under the absolute
application of the EU law and also the explicit competence of the EU over sport.
Indeed, the new article encourages the EU to proceed to dialogue with other sport
organizations, including the IOC. It will be interesting to remark the involvement of
the EU in the London Olympics after the new changes.
EC law and 2004 Olympic Games
So, for all the reasons mentioned above the EC law has a special value for the EU.
Therefore, the EU was also particularly interested in the Athens 2004 Olympics,
which were the first ones held within the EU territory under the absolute application
of the EC law.
The Olympics and Para-Olympics Games of Athens were giving the chance to the
EU for a further promotion of sport within Europe.

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In this occasion, the year 2004 was declared by the EU to be the European year of
education through sport.371 On the 16th of October 2001 the relative Directive Draft
was introduced by the European Parliament and the Council (COM(2001) 584 finalC 25E, 29.01.2001)
According to the Draft the objectives of the European Year of Education through
sport are the following:
1. Sensitizing the educational institutes and sporting organizations about the
cooperation given the importance of sport as a social phenomenon and its great
appeal to all the social scales and particularly to the youth.
2. Promoting the values that sport involves, in order for young people to develop
both their physical and social abilities, such as solidarity, tolerance and noble
competition.
3. Underlining the priceless contribution of volunteerism to both the young
peoples education and the development of the sporting movement.
4. Promoting the mobility and the exchange of students in a multi-cultural
environment through the organization of cultural meetings.
5. Encouraging the speculation and the debates regarding the measures that should
be taken for the promotion of the social incorporation of certain groups, through
sporting activities.
6. Encouraging the existence of sporting activities within the educational schedule.
This could improve the physical condition of students and limit their tendency to live
in a sitting life.
7. Dealing with the problem concerning the education of the young people who
start their sporting career earlier.
Also, the Directive Draft, pointing out the social importance of sport, mentioned that
one out of three European citizens has a regular sporting activity. Also it mentioned
that sport constitutes the best structured social framework, including more than 600
thousands sporting clubs, which prove the huge social importance of sport. It was
also mentioned that the member-states of the EU are among the most powerful states
in sport globally and more and more sporting events are organized within the EU
territory. Under these circumstances it was stated that sport constitutes a means in
every educational process and a medium of fundamental educational values. It helps
in learning how to live in a society and how to be integrated in a group. It also
promotes values, such as respect of others (co-athletes and rivals), respect of rules,
solidarity, tolerance, discipline and collective life.
The above educational values of sport as well as the need of their safeguarding were
acknowledged by the European Council held in Nice in 2000, in the declaration
pertaining to the special characteristics of sport and its social functions in Europe,
which have to be taken into account in the application of the community policies. As
the Council underlined, the Community has to take into account the social,

371

decision of the European Parliament and the European Council 291/2003.EC, 6 Feb 2003

189

educational and cultural mission of sport even though it has no direct competence in
this field.
In another part of the Directive Draft, it is highlighted that sport constitutes an ideal
medium for the social democracy, since sporting activities are orientated to fight any
kind of discrimination (against sex, people with special needs etc.) and therefore
have an horizontal dimension, pertinent to the community objectives of fighting
against conclusion, as defined by article 13 EC.
In another part the Draft mentioned that the 2004 Olympics would give the chance to
the mass media to refer to the necessary restoration of the sporting values, which
were darkened by the phenomena of corruption and doping in sport and are also
threatened by the excessive commercialization of sport.
Therefore, it is obvious that the Community tried to connect sport with the social
democracy and the basic principles of the democratic regime. The importance of this
option which has effects on the law is huge. The new principles such as
sustainability, tolerance, individualism, free economy, freedom of movement,
withdrawal of barriers are to be tested in the future.
Also, the EU, trying to subsume the Olympic Games in the EC law, recommended
the reinforcement of the security requirements regarding the travelling documents.
The European Council held on the 12th of December 2003 saluted this initiative.
During its session (27-28 November), the Council pointed out the importance of the
existence of fingerprints in these procedures. Also, the Commission, on the 6th of
November, suggested the systematic sealing of the travelling documents of third
countries as well as the circumstances under which the absence of such a seal would
constitute a reasonable suspicion of illegal residence. In 2003 many decisions were
taken in order for the common consular directives to me amended. On the 22nd of
December, the Council released a decision, according to which member-states could
be represented by another member-state in a third country, even if it has no
diplomatic representation in that country.
On the 27th of February the Council appealed to the member-states to simplify the
visa procedures for national representatives that participate in activities which tended
to promote the Euro-Mediterranean cooperation. On the 6th of March it was decided
that Ecuador should be included in the third countries, whose citizens had a visa
obligation on order to pass across the borders. On the 15th of July, the Council
introduced the Regulation no.1295/2003/EC for taking certain measures for the
facilitation of members of the Olympic family that would participate in the 2004
Olympics to enter in Europe. On the 15th December the Commission suggested that
there should be a Protocol with the Chinese national service of Tourism as regard
visas and relative matters for Chinese tourists.
It has to be stated that the Athens 2004 Olympics were the first Olympics which
would be held in Europe after the the Sengen Treaty.
Also the suggestion of the Commission about the facilitation of the VISAs
procedures for the Olympic family members had no intention to totally erase the visa
obligation for these people. It just aimed at a temporary and limited deviation from
the contemporary VISA requirements. It was made clear that that special deviation
190

regime would be in force only during the Athens 2004 Olympics. Also, the European
services were to evaluate the application of this program. The Commission would
submit a report to the Council and the European Parliament based on a report that the
Greek authorities were to submit, in order for this deviation program to be assessed
properly and to be better applied, when another member-state would undertake an
Olympic organization (COM(2003)). This provision was totally consistent with the
adopted regime of the Greek law, which indicates that the EC law had no intention to
run over the national law provisions in such an important event.
Regardless of the theatrical success of the whole venture of the Athens 2004
organization, despite the fact that the Athens Olympics were a huge commercial
failure (as usually happens under a free competition regime), the achievement of a
European Olympic organization constitutes a fact of major importance for the
international society. Even though it is a fact that requires compromises and retreat, it
makes the EU an institutional star and dominant of the rules.
This finding puts the whole debate in an entirely new dimension, since it leads to a
competition not only on the basis of economic interests, but also on the basis of rules
and provisions which derive from different legal orders. This was probably the main
reason for questioning as regard the 2004 Olympics.
The influence of the case law of the European Court of Justice on the rules of
the Olympic Movement
From the above-mentioned rulings of the European Court of Justice as to the nature
of sports rules established by private organizations, it can be noted that the Court
accepts them, in so far as they do not restrict the Treaty provisions and keep to issues
bearing on the activity of sports associations. At the same time, the Court insists
upon the primacy of Community law against any kind of rules or practices of
national or international federations or associations governed by private law. The
more recent judgments make reference to the Bosman ruling as well as to the
declaration no. 29 on Sport, which is attached to the final act of the conference
during which the Amsterdam Treaty was voted. The said declaration stresses the
social significance of sport and the institutions of the European Union, in particular,
are called upon to take into consideration the particularities of amateur sport.
These positions will take effect in any kind of rules of similar nature, therefore
including those of the IOC. This admission gives rise to the problem of the binding
effect of the IOC rules and the obligations resulting from the Host City Contracts in
case these contravene the Treaty. The Host City Contract would not be able to solve
the problem, nor override Community law.

The rationalization of sports rules in the framework of Community law

191

The case law of the European Court of Justice reveals that there is an ever-increasing
effort to rationalize sports law. This is expressed mainly through the effort to bring
sports law under a hierarchy of rules, as in the case of the latter judgement. This
particular tendency is also confirmed by the Report from the Commission to the
European Council with a view to safeguarding current sports structures and
maintaining the social function of sport within the Community framework The
Helsinki Report on Sport. This Report sets forth the need to rationalize sports law as
well as the need for Community regulation to prevail100. In the framework of these
principles and in the light of the Bosman ruling, the Report clears out the national
rules with a view to securing the existing structures and the social role of sport.
Among the recommended actions proposed to the Member States is either the
integration of related rules in the respective legislation, or the cooperation, by virtue
of contracts, between states and sports associations, provided the contracts confer
upon them a specific status. Moreover, as part of this effort, the Member States shall
have to confer a specific status upon the sports associations101.
It is evident that the European Union takes initiative with the intention of promoting
a system, which will embody the various laws and practices of sports associations
of any kind, including the IOC and the Olympic Charter. This undertaking is for the
time being theoretical. However, in the event that it takes effect, it is possible that an
all-inclusive revision of the rules that govern the Olympic Movement will be
required.

The rationalization of the sports phenomenon in the framework of the Council

of Europe
Rules of equivalent content to that of the Olympic Charter have been adopted by the
Council of Europe demonstrating a strong effort of rationalization.
The Committee of Ministers has adopted on 24 September 1992 the European Sports
Charter, which bears many resemblances to the Olympic Charter. On the same day
the Committee of Ministers adopted the Code of Sports Ethics Fair Play, including
definitions of ethical principles as well as a definition of pair play.
The Council of Europe takes active part in the protection and development of sport
and recently, during the 9th Conference of European Ministers responsible for Sport
A Clean and Healthy Sport for the 3rd Millennium, that took place on 30/31-5-2000
in Bratislava, an important resolution was introduced concerning a variety of

100

S. at http://europa.eu.int/eur-lex/en/com/pdf/1999/com1999_0644en01.pdf.

101

The European Union demonstrates special concern for anti-doping issues. S. also at
http://europa.eu.int//eur-lex/en/com/pdf/1999/com1999_0643en01.pdf.

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topics102. The Greek legislation has incorporated only the European Anti-doping
Treaty and other provisions by the law 2371/1996.
The action of the Council of Europe reveals that there is a systematic effort to
remove the autonomy of sports rules and national rules and achieve a uniform
regulation. Of course, this effort is at an initial stage and no-one can foresee the
outcome.

The limits to the autonomy of the Olympic organization

Modern sport, as a very attractive object, is claimed both by private organizations
and state action. The Olympic Movement is obliged to deal with the 20th century
reality, which seems to draw, despite the distrust of the sports movement, towards
the states.
In the context of this antagonism, the states are enacting constitutional provisions for
sport and intervene radically in its organization. Through various enactments they
attempt to impinge upon the activity of sports organizations and control it. Likewise,
various international organizations refer to the sports phenomenon and establish rules
that govern it, thus restricting its autonomy and demonstrating the will of the
members of these organizations not to leave sports entirely at the hands of private
action.
An intense legislative initiative from states, including Greece, shows the will of the
legislator not to keep to the role of a mere observer of the sports activity, which by
no means can be considered a different order beyond the state legal order.
Legislative initiative is at times required by sports organizations, in order to attain
their goals, but at times it is unwished-for, since it violates their contractual
autonomy.
A characteristic case is that of the IOC, which through the Host City Contract
enforces the rules of the Olympic Movement to the countries hosting the Olympic
Games, without indicating specifically the way or means, or contracting directly with
them in view of the Olympic organization.
Sports organizations, for their part, claim substantial autonomy. As part of that
tendency, the IOC, as well as the entire Olympic Movement attempt to secure the
maximum independence vis--vis the states. That is why they choose to converse
with cities. By creating the institution of Host Cities, the Olympic Movement on the
one hand materializes its vision for the world and on the other hand it sets aside the
role of states. Hence, it is interesting to examine the concept of the Host City and the
relation between the Host City and the IOC, as well as with states.

102

For further information, s. at http://culture.coe.fr/sp/splist.html.

193

The limits to the autonomy of the Olympic Movement are set by the Treaty on
European Union in the framework of a European Olympic organization, according to
the European Court of Justice and the national Constitutions. The autonomy of the
mission of the Olympic Movement cannot infringe upon the constitutional rights or
the freedom to provide services, nor should it breed discriminations based on
nationality.
The dialectic relation between the rules of the IOC and those of states, apart from the
legal significance and tension that it assumes, denotes also the dimension of the
modern sports phenomenon, as this is expressed by the Olympic Movement. Modern
sport, which is more of an enterprise and a spectacle and less of an amateur physical
exercise, is established in the Host City rather as the sum of financial relations than
an ideal. This aspect of sport, and not the rules of fair play, is the object of legal
study.
It would be absolutely hypocritical to approach the Host City Contract and the terms
of termination thereof, without laying stress on the issue of television rights, but
keeping only to the emphasis given to principles and ideologies. Obviously the
unconstitutionality of visions of the IOC could give rise to reasons of termination
of the Host City Contract, but the main possible reasons should be sought beyond
visions and ethical principles. Therefore, the emphasis placed on the economic
character of the Olympic organization will provide the main answers to the key
issues raised on the occasion thereof.
Moreover, given the fact that the Olympic organization is co-financed by the states
and the IOC, the rules of financing should be a basic tool of interpretation of the Host
City Contract, in so far as they express the primary objective of the Contract itself.
The Host City, as an entrepreneurial unit, finances a purpose, the Olympic Games,
making use of state and private means. The overview of the result is assigned to the
main financier.
The leap endeavored by the Baron de Coubertin consisted in the will through sport to
penetrate into the historical destiny of the world. Private law had supported him in
his endeavor. The modern approach to the sports phenomenon and to Olympism
must consist in dealing with the limits to the autonomy of the Olympic Movement
prescribed by the positive law.

Towards a global Olympic Organization of rules and Institutions

Reasonably, one could find out the internationalization of the Olympic organization
and the interest of international organizations, such as the Council of Europe or the
UN. This interest is extended to an institutional level via the truce, which gives to the
organization a moral and global request, which is governed by rules and principles.
These provisions slip the Olympic movement, the state provisions and the EC law.
194

195

Chapter 9
Special EU law Issues
Sport, Freedom of movement, mutual recognition and right of establishment
In 1995 the ECJ released the Bosman judgement, which confirmed that the freedom
of movement of workers, under the sense of the article 39 of the EC Treaty, is
applied to the professional football players within the EU.
According to this ruling, article 48 of the EEC Treaty precludes the application of
rules laid down by sporting associations, under which a professional footballer whi
os a national of one member state may not, on the expiry of his contract with a club,
be employed by a club of another member state unless the latter club has paid the
former club a transfer, training or development fee. It has to be underlined that the
Bosman ruling covers neither the termination of the contracts which are stil in force,
nor the application of the competition rules regarding the matter of transfers.
The rules governing the freedom of movement do not only concern the professional
athletes, but also the amateur sport, which, according to the Commission, falls within
the scope of the Treaty. Indeed, the Commission takes action in order for the states to
respect the fundamental rules of the EC law as well the ECJ jurisprudence regarding
the ban on discrimination and the freedom of movement in respect of the access of
the EU citizens to amateur sport. Amateur sport constitutes for the European citizen
an important medium for his/her better incorporation in the state of reception. The
ECJ has acknowledged the right of the EU citizens who legally reside within the
territory of another EU state to enjoy the same rights as the citizens of the state of
reception as regards the access to recreation activities, including sport. 372 Therefore,
a provision which is applied within the framework of a sporting association and
provides restrictions for EC citizens is inconsistent with the EC law.
The recognition of certificates constitutes an important part of the freedom of
movement. In the framework of professional sport, there are huge differences among
the member-states as regards training/schooling. The circumstances under which the
athletes train are quite different among the member-states as well. In this field the EC
law remains silent, imposes no harmonization and recognizes the prevalent
competence of the member-states. Under this point of view, the Directives 89/48/EC
and 92/51/EC, regarding the recognition of the qualifications which certify the
vocational training provide that the vocational training certificates acquired in a
certain member-state can be recognized in another member state as long as there are
not essential differences in respect of the training provided by the two member372

Among others, see Miettinen Samuli, Parrish R., Nationality Discrimination in

Community Law:An Assessment of UEFA Regulations governing Player Eligibilty for
European Club Competitions, in Entertainment and Sports Law Jourtnal (ESLJ) electronic
journal in http://go.warwick.ac.uk/eslj/issues/volume5/number2/miettinen_parrish

196

states. If it is found out that there are essential differences, the state of reception has
the right to make the professional athletes undergo some supplementary measures
(ability test or orientation period). At the moment, certain procedures are being
carried out by the community aiming at the integration, the simplification and the
improvement of the requirements concerning the recognition of professional
qualifications.
The freedom to establish a club in another member-state also constitutes an
important element of the freedom of movement. This freedom was recently invoked,
under article 43, by certain football clubs which desired to have their
clubhouse/headquarters/seat in another state, different from the one of their origin,
without stopping participating in the league of their state of origin.
In 2000, the matter of the professional football players transfers was on the increase.
In 1998 after having been logged with several complaints, the Commission sent
FIFA a statement of objections. This matter was subject to close observation by the
Commission pertaining to the application of the competition rules as well as the
freedom of movement rules. The Commission and the football world (FIFA, UEFA,
professional footballers representatives) had long discussions about this matter,
trying to find a mutually accepted solution which would be consistent with both the
EC law and the special character of the sport. A satisfactory solution was finally
found on the 5th March 2001. The Commission accepted a certain number of
principles, the application of which rests with FIFA. FIFA approved on the 5th July
2001 new rules on transfers which corresponded to the principles that had been
accepted.
Sport and Competition Policy
The sport activity is detected in two different levels: on the one hand there is the
purely sporting activity, which serves the culture, the society and the integration in it
and leaves no room for the EC competition law application; on the other hand, as the
ECJ has made clear, there are certain financial activities deriving from the sporting
activities, which cannot avoid the application of the EC competition rules.
The interaction and the occasional overlap of these two levels makes the application
of these rules even more complicated.
As regards sport, the crucial EC competition rules are mainly the articles 81 and 82
of the EC Treaty.373
Commission is charged with the duty to safeguard the respect of the EC community
law.374 Within this duty, the Commission has dealt with some sporting cases. For
373

Article 81 prohibits agreements and concerted practices between undertakings and Article
82 prohibits the abuse of a dominant position.
374

The system for implementing articles 81 et seq. and for controlling agreements between
undertakings was provided up to 30 April 2004 by Council Regulation (EEC) No 17/1962.

197

instance, in July 1999, the Commission adopted a Decision concerning arrangements

relating to the ticket distribution for the 1998 Football World Cup made by the
officially appointed local organizing committee (the CFO ).375 The Commission
was of the opinion that CFO had infringed Art.82 EC and imposed a fine. FIFA had
entrusted CFO with all matters relating to the price, distribution and sale of entry
tickets for the matches. Tickets were distributed by CFO, national federations,
official tour operators and sponsors. A total of 1,547,300 tickets, representing 58.03
per cent of all tickets, were made available exclusively for sale to the general public.
CFO was responsible for selling 28.12 per cent of these tickets, amounting to some
749,700. During a first period in 1996 and 1997, before the final group draw for the
World Cup was made on December 4, 1997, CFO already sold 393,200 Pass
France 98 , comprising a group of five or six separate match tickets, and 181,000
individual tickets to consumers able to provide a postal address in France. Only from
April 22, 1998 onwards, CFO sold the remaining 175,500 individual tickets, or about
one-quarter of its stock, to the general public able to provide an address in the EEA.
Having established that CFO occupied a dominant position on the market of World
Cup tickets within the EEA, as it represented the sole outlet for blind sales to the
general public in 1996 and 1997, the Commission held that CFO's ticketing
arrangements constituted an abuse of a dominant position. The Commission
considered that the requirement to provide a postal address in France amounted to
indirect discrimination against the public resident outside France, as French residents
were clearly better placed to fulfill this prerequisite. This discrimination led in
practice of an imposition of unfair trading conditions on residents outside France and
resulted in a limitation of the market to the detriment of these consumers.376
Also, in July 2003, the Commission adopted a decision exempting the collective
selling of the media rights of the UEFA Champions League.377 The Commission
Under the system provided by this regulation, any agreement or concerted practice was
presumed prohibited. Such agreements had to be notified to the Commission with a request
for individual exemption. Since 2004, a new regime is in force, the one provided by the
Regulation (EC) No 1/2003. Under the new system, there is no longer an obligation to notify
agreements or concerted practices to the Commission. All the concerted practices and
agreements are now considered to be lawful as long as the meet the conditions of article
81(3). If a party with a legitimate interest challenges the compatibility of the agreement or
practice as stake with the EC competition law, the pre-existing system is activated again,
charging the Commission with the duty to decide on the matter.
375

Commission Decision relating to a proceeding under Art.82 EC and Art.54 EEA (Case
IV/36.888, 1998 Football World Cup), [2000] O.J. L5/55
376

Van den Bogaert S., Vermeersch An, Sport and EC Treaty: A tale of uneasy
bedfellows?, in European Law Review 2006, Mournianakis I., The New European
Competition Law and its application to sports activity, in International Sports Law Review
Pandektis (ISRL/Pandektis, Vol.7:1-2, 2007), Parrish R., Sports Law and Policy in the
European Union, Manchester University Press, Manchester and new York 2003, p.117 ff.
377

Commission Decision on the joint selling of the commercial rights of the UEFA
Champions League (COMP/C 2- 37.398), [2003] O.J. L291/25

198

earmarked the agreement to jointly exploit the commercial rights of the UEFA
Champions League on an exclusive basis through a joint selling body, UEFA, as an
infringement of Art.81(1) EC. This agreement prevents clubs from individually
marketing such rights. Interested third parties only have one source of supply. It
restricts competition as UEFA determines prices and all other trading conditions on
behalf of all clubs taking part in the competition. At first, the Commission was not
willing to exempt the agreement, as it was considered that the beneficial effects did
not outweigh the negative impact of its inherent restrictions. So, UEFA was led to
amend the originally notified agreement, in order to be caught by the article 81(3)
exemption.378
The Commission has started some constructive discussions with the sporting
associations, aiming at safeguarding the application of EC competition law. After
these discussions the sport associations proceeded to important amendments of their
regulations, in order to make them consistent with their legal obligations, reinforcing
in this way the safety of law in the field of sport. The future developments, at a both
financial and sporting level, can be based on this safety and lead to a more
satisfactory framework for funs and consumers.
As far as the judicial application of the EC competition rules is concerned, it has to
be stated that despite the fact that the ECJ has widely applied the EC free movement
provisions to sport, it has either not been required to examine the consistency of the
competition rules or had taken a negative attitude towards the application of such
rules.379
The two famous ECJ judgments regarding the application of the EC competition law
in sport were the Piau and the Meca-Medina case.
In Piau case380 the facts were the following: In 1994 FIFA adopted the Players
Agent Regulations, which made the exercise of the occupation of the agent subject to
the possession of a license issued by the competent national association. There were
various prerequisites required by FIFA for the exercise of the occupation such as
interview to ascertain the candidates knowledge, absence of criminal record and a
bank guarantee of 200 000 SHF. Sanctions for the violations of these provisions were
provided as well. In 1998 Mr Piau lodged a complaint with the Commission,
challenging these regulations on the grounds that they were inconsistent with article
49EC concerning free competition with regards to services. The Commission opened
proceedings against FIFA pursuant to Articles 81 and 82 EC. In a statement of
objections sent to the Association, it held that the regulations concerning players
agents might be contrary to Article 81 EC. However, after the adoption in 2000 by
the FIFA of new Players Agents Regulations, which took into consideration the
Commissions concerns, the institution considered that the new rules could qualify
378

Van den Bogaert S., Vermeersch An, op cit

379

Bosman, Meca-Medina-CFI

380

T-193/02 Laurent Piau v Commission

199

for an exemption decision in accordance with Article 81(3) EC. The investigation
was therefore closed after its last modification in April 2002. The Commission
adopted a rejection decision on 16 April 2002 considering that Mr. Piaus complaint
lacked Community interest. Mr Piau challenged the Commission decision in the CFI
on the grounds that the Commission committed a manifest error of assessment. FIFA
intervened. The main issues which arose in this judgment were whether the new rules
were still violating the European community competition rules, the obligatory license
could qualify for an exemption under EC81(3) and whether there was a violation of
article 82EC pertaining the abuse of a dominant position. Mr Piau claimed that the
most important restrictive provisions of the original regulation had not been repealed
and the amended regulation could not be the subject of an exemption under 81(3)EC,
since they were neither essential, appropriate, nor proportional.381 Article 82 should
be applied as well, since FIFA held a dominant position on the football market and
it was abusing its dominant position.
The Commission alleged that the license system imposed justified, essential and
proportionate qualitive restrictions and the main restrictions had been removed, in
particular concerning conditions of access to the occupation and examination
procedures. According to the Commission these regulations satisfied the conditions
for an exemption laid down by 81(3)EC. In respect of article 82, it claimed that FIFA
is not an economic power or a monopsony and therefore article 82 is not applicable
to the present case.
FIFA submitted that the restrictive provisions retained in the amended regulations
had a qualitive purpose, they did not include any restrictions prohibited by article
81(1) and were justified under 81(3). Furthermore, FIFA claimed that article 82 was
not applicable and it had not abused dominant position.
The court decided that the FIFA rules were no longer anti-competitive and they were
eligible for an exemption under 81(3), since the system appears to result in a
qualitive selection rather than a quantitive one. In respect of the applicability of
article 82, FIFA, according to the Court, had a dominant position in the market, but
an abuse had not been established since its regulations constituted qualitive
restrictions, justified in the present circumstances. So, the action was dismissed.
Judging in appeal the ECJ upheld the CFIs decision.382
The Meca-Medina has been already examined above (see.). After having failed an
anti-doping test, Meca-Medina and Majcen, two long-distance swimmers, filed a
complaint with the Commission, alleging a breach of Arts 81 to 82 EC of certain
regulations adopted by the International Olympic Committee and implemented by
FINA, as well as certain practices relating to doping control. After the rejection of

382

C171-05 Piau v Commission

200

their complaint, they brought an action before the Court of First Instance, seeking
annulment of the Commission's decision.
The Court of First Instance hesitated to proceed to a direct application of the EC
competition rules and held that the doping regulation does not involve any economic
objective. It stated that it is intended to preserve the noble competition and to
safeguard the health of athletes. So, it did now allow the claimants appeal.
The ECJ, judging on appeal, even if ended up with the same result, proceeded to a
direct application of the EC competition rules to sport. It stated that the doping rules
are subject to the EC law, yet they do not constitute a restriction of competition
incompatible with the Common Market, within the meaning of Art.81 EC, since they
pursue a legitimate objective.
So, regardless of its final decision, it is very interesting that the EC competition rules
were applied to sport and in particular to the IOC regulation. If the decision had
culminated in a different result the entire IOC doping system would have been
exploded in all likelihood.

Freedom of the athletes establishment

According to the ECJ jurisprudence sport has acquired a special social importance
for the Community.383 This social element is promoted by the Commission, given
that, as has been pointed out since 1998, one out of three Europeans is involved in
sport and the total number of sporting clubs in the community reached the 545.000.
Indeed, the financial importance of sport made it necessary for it to be subject to the
EC law.
The EU law recognized for the athlete himself/herself a special role too. The athlete
offers services and is subject to a regime which is governed by the EC law.
Therefore, the community action is vital for the freedom of movement. This is true,
though, only in so far as we do not deal with amateur sport, which is prima facie
exempted by the scope of the EC law.384
In terms of this issue, the famous Bosman case confirmed that the freedom of
movement of workers, under article 39 EC, stands also for the professional
footballers within the EU and the European Economic Area. A football player after
the end of his contract with a certain club, he/she cannot be prevented from having a
new contract with another club within the EU.

383

Bosman, at 106

384

Deliege

201

Another issue associated with the freedom of establishment is the one about the
recognition of the certificates.385 Even though there is a great deviation among the
member-states regarding the sport education, the EC law imposes no harmonization
and lets the member-states regulate and organize the sporting professions. The
Directives 89/48/EC and 92/51/EC provide though that professional training
certificates of a certain member-state can be recognized in other member-states
provided there no essential deviation as regards the education provided. In that case
the professional athlete can be asked to undergo certain additional training.
The ECJ has dealt with a relative case in 1987.386 In this case, the French system of
recognizing diplomas was challenged. More specifically, there was a requirement
that in order to be a football trainer in France, a person should hold a French football
trainers diploma or a foreign one which was recognized as equivalent by the French
government. The ECJ referred to the freedom of movement principle but held that as
there was no harmonization of conditions of access to a particular occupation, the
member-states are entitled to lay down the knowledge and the qualification needed in
order to pursue it and require the production of a diploma certifying that the holder
has the relevant attributes.387 The ECJ also held, though, that a decision refusing to
recognize the equivalence of a diploma must be reviewable to see whether it is
compatible with article 39 and to allow the person concerned to ascertain the reasons
for the decision.
The freedom to set-up undertaking in the territory of another member-state is another
element of the freedom of movement. It is of great interest to reflect on whether an
undertaking under article 43 EC could possibly have its headquarters in another state,
while continuing to participate in the league of the state of its origins.

Freedom of movement of goods and sport

It is well known that there is a great number of goods which are designated for
purely sporting utility. The question that has to be dealt with at this point is what
happens regarding the free movement of these goods. At first sight it seems to be
quite easy to allege that the general provisions about the internal market that first
emerged on the 1st January 1993 guarantee the free movement of these goods as well.
Great attention should be payed on the matter of the free movement of weapons in so
far as they can constitute related to sport goods. The Directive 91/477/EC regulates
385

Mitrotatsios M., Tokarski W., European Harmonization of the educational training of the
football coaches (In Greek), in Lex Sportiva Vol. 4, 2005
386

UNECTEF v. Heylens

387

Heylens, paras. 8-10, Parrish R., p.91

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the acquisition and the possession of weapons and provides strict requirements as
regards the transfer of weapons. Therefore, because of their increased venturusness,
the weapons cannot enjoy the freedom of movement within the Community, even if
characterize as sporting goods.
A relative problematic category is the transfer of horses for the equestrian events. For
this case, there are three directives-frameworks which can have a direct application.
These directives are about the sanitary control required for the importation of horses
(Directive 90/426/EC), the zoological and genealogical terms which are applied to
the community trade and a sui generis passport for horses is introduced (Directive
90/428/EC). In this case, there is a great number of provisions limiting the freedom
of movement because of the particularity of the commodity. Undoubtedly, though,
this sporting matter is also of great interest in terms of the EC law application.

EC law, Mass Media and Sport

The field of audiovisual policy has been comprised in the EU agenda since the
subscription of the EU Treaty (1993), which was the first document which made a
clear reference to the audiovisual mass media policies.
Despite the fact that the EU has no official competence or legal basis on sport, these
two sectors of policy are closely linked. Both sport and mass media have a social and
cultural role and contribute a source of entertainment and communication at both a
national and international level.
Furthermore, both sport and the mass media have a great importance for the
European countries. For this reason the EU has to carry out researches and probably
introduce certain provisions, such as the one about the television without borders.
The Commission also examines the resurgent market of the direct broadcasting of
popular sport events through the internet.
As both sport and mass media constitute part of the Europeans everyday life and
have a social, cultural and economical importance, the EU has tried to reinforce the
audiovisual production. The MEDIA program for example constitutes a powerful
framework of support of the European radio broadcasting or TV airings.
Sport is very important for the audiovisual policy of the Community as well as the
various social policies. A has been mentioned above sport is caught by the EC law
ambit in so far as it constitutes an economic activity under article 2 EC.388 This was

388

Welrave, Dona, Deliege

203

first held by the ECJ in 1974 and since 1991 the Commission has released reports
aiming at adopting some directions regarding the EC policy in the field of sport.389
This increased interest is totally justified. It should not be forgotten that TV
represents the first and basic source of funding of professional sport in Europe,
mainly via TV commercials and sponsorship. These two categories in particular are
closely associated with the internal market. There are certain sports which attract
more and more fans and gather a great percentage of televiewing. Subsequently, the
sponsors attach great importance to sporting events, since the promotion of their
products during these events they can be really profitable for them. Many radio-TV
authorities are willing to invest huge amounts of money, in order to gain profit of the
exclusive broadcasting of sporting events. These kinds of exclusivities, though, are
of ambiguous legality under the EC law.390
The Directive Television without borders provides the ability of the member-states
to draw up a catalogue of organizations, which will be broadcasted by the free
television without charging the viewers proportionally to the interest that these
organizations attract.
The broadcasting of sporting organizations and in particular the grant of an exclusive
right constitutes a commercial activity, which is subject to the EC competition law.
In any case, this grant is a usual and accepted practice provided that the EC
competition law is followed.
In terms of the Athens 2004 Olympics, though, it has to be noted that there was no
question at all as regards the observance of the EC law. The exclusive broadcasting
of the Games was governed by a contract attached in the host-city conract and
therefore is accepted without following any EC law procedure.391

Competition-Public Contracts and Olympics Games

The public contracts regime is also of great interest for sport, especially on the
occasion of the Athens 2004 Olympics, which were the first Olympic Games which
were organized under a regime of free competition and transparency. It is easy to
understand that it is vital for the EC competition law to be applied to such contracts
in such an important organization.

389

European Community and Sport, SEC (91) 1438, 31/7/1991, with emphasis on the respect
of the partner life in general and sport in specific. In 1992 the first resolution about the doping
in sport was held by the Council (no C 044, 19/2/1992)
390

Parrish R., op cit, pp.125 ff.

391

see also Moss A., The Olympics: a celebration of sport and the role of law, in
Entertainment Law Review, 2004

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Regardless of the public contracts, sport is a field where the EC competition rules
need to be applied. However, the interaction of the economical and social part of
sport makes this application excessively challenging.
The general principles, on which the competition rules (including the ones governing
the sport activity) are based, are the following:
Respect of the general interest in terms of the protection of the private ones
The Action of the Commission should be limited to the cases of a real
community interest
Application of the de minimis principle, according to which the agreements of
limited importance do not affect the trade between states
Application of the four criteria provided by article 81(1,2) and no exemption of
agreements violating other provisions of the Treaty, including the one about the
freedom of movements of athletes.
Definition of the markets on the basis of the general applied rules, adjusted to
the special characteristics of each sport.
The EU, though, is aware of the fact that in terms of this matter there are many
perspectives, the confrontation of which is not yet examined exhaustively.392 There
are many sporting issued linked to sport and it is certain that they will be increased.
Indicatively, on could mention the principle of organization of sport on a nationalterritorial basis, the establishment of new organizations, the non-local limitation of
clubs, the ban on organizing games outside a certain territory, the regulatory
competence of the sporting events organizers, the transfer systems of athletes in
team sports, the nationality clauses, the selection criteria of athletes, the agreements
pertaining to the release of tickets in mega events, such as the world cup, the TV
broadcasting rights.393

Greece-supply of automatic weather stations

The Commission has decided to send Greece a reasoned opinion on the award by the
air force of a contract for the supply of 14 automatic weather stations without
publication of a notice in the Official Journal (OJ) of the EU. Since the contract
exceeds the threshold laid down in the Directive on public supply contracts
(93/36/EEC), a notice should have been published in the OJ.
The Commission considers that the contract cannot be covered by the exception
provided for in the case of the supply of certain equipment in the field of defence,
since the supplies in question are not primarily destined for military use.

392

Commission Document on sport and competition, 24 February

393

Commission Report on competition policy 1999, pars 139-142 (pp.60-61)

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These weather stations should permit the modernisation of the system used by the
National Meteorological Agency and will principally be used for the Olympic
Games, and subsequently by the Agency to meet the needs of civil, and possibly
military, aviation.
Nor does it seem possible to invoke another exception in connection with reasons of
extreme urgency brought about by events unforeseeable by the contracting
authorities. The need to have operational weather stations for the 2004 Olympic
Games cannot be regarded as an unforeseeable event. Finally, the need would not
appear to be so urgent that the deadlines required under the open and restricted
procedures could not be respected.
The tickets selling matter and the competition rules

One of the essential components of organizing sport events is the ticketing system.
Usually implemented by the Organizing Committees (OC), it is not unusual that
these
agreements
contravene
EC
Law394.
In the Italy 1990 World Cup, the OC entered into a worldwide exclusive agreement
of ground entrance tickets with a single tour travel agency for the purpose of putting
together package tours for the event. Besides the violation of the freedom to provide
services (Article 49 of the EC Treaty), OC abused its dominant position on the
market for sale of package tours to the World Cup (Article 82 ECT), by restricting
both competition between tour operators and competition between travel agents, thus
making it impossible to find sources of supply other than the exclusive travel agency.
On the occasion of 1992 Barcelona Olympic Games, the OC signed ticket
distribution agreements with a single agent per country, which was obliged to resell
only within the respective country. This monopoly restricted competition among
resellers of all the EU member states (Article 81 ECT), in clear detriment of end
consumers.
The 1998 World Cup in France was a paradigmatic case of protectionism,
undermining the principle of non discrimination on grounds of nationality (Article 12
ECT), due to a ticket reservation system (through phone, mail or internet) which
made it much easier for French citizens and French residents to get a ticket.

394

PLMJ - A.M. Pereira, Sragga Leal, Oliveira Martins, Jdice e Associados

Provided by World Services Group Ticket Arrangements for Sport Events and EC
Law Published April 20, 2006 Portugal

206

For Euro 1996 and Euro 2000, a system of quota allocation of ticket for each country
was set. The European Commission stated that unless it was proved that there would
be no less restrictive means to achieve the objectives such as assuring equitable
sells, the loyalty and close support of the fans or the separation of the spectators in
the stadium for safety reasons said quota system would be prohibited.The Athens
2004 OCOG wanted the Commission to confirm that the provisions regarding the
tickets selling were consistent with the EC competition rules. It was the first time that
the Commission examined profisions of tickets selling for the Olympics. After a
thorough examination of the provisions and after the discussions conducted between
the OCOG and the Commission, in order to secure the consumers rights and the
safeguarding of the competition rules, Athens 2004 OCOG amended its provisions as
regard the details of selling tickets through the web and the selling of tickets via the
NOCs within the European Economic Area. Under the amended provisions the
NOCs were entitled to sell the tickets in lower prices than their nominal value, if they
wanted to do so. After these amendments, the Commission ended up with the
conclusion that the provisions of the OCOG did not violate the EC competition rules.
Actually the Commission approved with a decision of its the tickets selling
provisions of the Athens 2004 OCOG.
According to these provisions the citizens of the European Economic Area for first
time had the chance to buy their tickets either directly from the Athens 2004 OCOG
through the internet or through the NOCs or their appointed agents.
Mega events, such as the Olympic Games or the World Cups as well as the European
Championships are really popular and attract funs form all over the world. The funs
who are intending to travel from other countries in order to attend should have the
possibility to order their tickets at an equal basis, without discrimination.
In the past, the Commission had examined the ticket selling provision of another
sporting event as well. In the 1998 World Cup in France, the Commission had
culminated in the result that the French organizing committee had abused its
dominant position, applying discrimination on the ground of nationality. Indeed,
according to those provisions, consumers outside France could only buy tickets if
they provided a post address within the French territory in order for the tickets to be
sent to that address.
In 2004, the European Commission ordered that ticket sales through the Internet for
the Athens Olympic Games should include other means of payment than only Visa
Cards. As to Euro 2004 of football, which took place in Portugal, there were no
reported cases of EC rules infringements.

207

In spite of the continuous scrutiny of the European Commission, the 2006 FIFA
World Cup Germany also involves infringements of EC Law.

Due to the successful complaint of a UK consumer organization, it was possible to

change the original exclusivity agreement signed between MasterCard, the German
football association (DFB) and FIFA an agreement between one undertaking and
two association of undertakings, in the sense of Article 81 EC - which initially
only allowed fans to acquire tickets (i) through a MasterCard credit card;
(ii) by payment from a German bank account; and/or (iii) by way of an international
bank transfer requiring additional expenses mainly for the non-Eurozone countries,
related to the cross-border bank transfers into Euros.

One legal action initiated in a Frankfurt court by a German consumers organization

as well as a complaint presented by two MEP to the European Commissions DG
Competition, alleging violation of Article 82 EC were also decisive for obtaining an
agreement. Some original rules were incompatible with the common market, namely
the following: (i) just for their inscriptions at the waiting list, applicants were
required to pay in full and in advance without knowing whether they would get the
tickets, i.e, they were obliged to pay for a service that eventually would not be
offered;
(ii)
applicants
not
eligible
to
get
tickets would only be reimbursed after the tournament, and a non-refundable fee of 5
euros for presumed administrative costs would be retained.
Sport and Education
Training and vocational training are among the priority sectors for which the
European Commission, on the basis of Articles 149 and 150 of the Treaty on
European Union, organises supporting action. In so doing it does not pursue a
common training policy for all Member States, but acts rather as a forum for
exchanging ideas and best practice. The Community programs and action plans in the
areas of training, vocational training and youth are an essential part of these
activities, in which sport also has a part to play.
Sport can help in a number of ways in the training of children, young people and
adults. Alongside the purely physical aspects, the social and educational values of
sport also play an essential role, e.g. learning to be part of a team and to accept the
principle of fair play. The European Commission has, along with the International
Olympic Committee, supported a pilot project on sport, schools and Olympic values
in Europe and has proclaimed 2004 as the "European year of Education through
Sport". There are also other programs, e.g. COMENIUS, which have adopted
projects in which sport features significantly.
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Sport and equal opportunities

The European Union has a long tradition of promoting equality between women and
men (gender equality). This is enshrined in the Treaty and has been since 1957. Be
that as it may, two dates in the recent past represent milestones:

1996: a Commission communication advocating the incorporation of the

principle of equal opportunities and the gender dimension in all actions and
programs, known as the integrated approach or mainstreaming.
June 2000: the adoption of a communication Towards a Community
framework strategy on gender equality (2001-2005) which identifies five areas of
action where operational objectives are pursued in order to progress towards gender
equality.

These five objectives can also be pursued in the context of sport.

Promotion of gender equality in economic life and particularly in employmentrelated

matters:
in sport, the rate of female employment at first glance calls for no particular
comment and is even slightly higher. This, however, given that there is indications
that employment in sport is somewhat insecure and involves higher rates of part-time
work, is not necessarily a plus point. As far as the salaries of professional sportsmen
and sportswomen are concerned, it is clear that the principle of equal treatment
frequently does not apply.

promotion of equal participation and representation in political, economic, and

social
decision-making
bodies
at
all
levels:
the persistent under-representation of women in decision-making contexts in general
is a considerable democratic deficit

Full
enjoyment
of
social
rights:
sport has a social function and therefore an important role to play in terms of the
steps taken to head off social exclusion, particularly in view of the increasing
numbers of women affected by poverty.

Promotion
of
gender
equality
in
civil
life:
special attention must be paid to women suffering from multiple discrimination and
to those who are victims of sexual violence or of sexual or moral harassment. In
sport, this can be seen in doping practices, in punishing training programs and in
training methods which exploit emotional factors.

Promotion of a change in roles and the removal of sex-related stereotypes: sport

can play a major role in informal education and help to channel new approaches.

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Also, the European Commission in its call for proposals 2009 included a category
about equality of genders in sports. The call funded projects which promoted gender
equality in leading positions in the sporting field.395
Sport and Employment policy
Employment policy has been part of the Commission's activities since 1997. Its
strategy in this area can be summed up by expressions such as "employability",
"adaptability", "entrepreneurship" and "equal opportunities" and is designed to bring
improvements to the employment market situation in the European Union.
Developments in sport in Europe and the branches of the economy which stem from
this activity (e.g. the sports articles industry) have in recent years produced an
increase in the employment potential of this sector, although it does vary
considerably from one Member State to another. The European Commission has
provided support for a study of the sports-related employment market in Europe,
along with projects pursued under its employment policy and as part of the
implementation of general directives.
Sport and External Relations
European sport looks healthy enough to anyone looking at it from outside Europe. It
attracts growing public interest, sponsor involvement is on the up and up, and there is
extensive media investment. It has proved its ability to allow different types of
sporting practice to cohabit and its capacity to host and organise major sporting
events. Community sport is well-structured and organised, and channels values and
traditions peculiar to our continent. It thus projects a good image.
Nevertheless, despite these signs of good health, sport is afflicted by a number of
very serious evils: doping, the increasingly obtrusive "money first" approach,
violence, hooliganism, racism, etc. Sport in Europe has not managed to evade
certain flaws in our society and, like all other continents, is affected by a number of
disturbing developments which the decision-makers in European sport, be they
public or private, state or federal, national or international, are determined to do
something about. The public authorities in particular have taken steps to stem these
developments.
While European sport can be proud of its record and stand as a reference, the
European Union has never made sport a component of its external relations. The
emphasis and priorities have been placed elsewhere. This stems partly from the
absence of any reference to sport in the treaties. Sport as such is not, as things
currently stand, a Community matter. Yet at the same time it would not be true to say
395

http://ec.europa.eu/sport/preparatory_actions/doc866_en.htm

210

that sport has been completely absent from the European Union's external relations
even if the few steps taken in this area have been isolated and have had no real
continuity.
An example is the extensive campaign against AIDS during the African Cup of
Nations. In addition, action to promote sport in South Africa, under the direction of a
Dutch organisation, received funding of EUR 8 million. So the Commission already
has albeit limited experience of supporting sports-related projects in the developing
countries, particularly through the MEDA programme. It thus helped to enhance the
image of European sport and its social and educational role. Sport has also been
used in the Union's external relations as a means of pressure, e.g. recently with
regard to Yugoslavia, and to South Africa in the days of apartheid.
Sport and Internal Market
The ambition to establish a common market has been a core feature of the
development of the EU since the Treaty of Rome (1957).
Nowadays, with the increasing internationalisation of sports disciplines and events,
this policy domain takes on a particular importance as regards e.g. media rights,
transfer of sports players, recognition of qualification and the commercialisation of
both sports events and teams.
Broadcasters spend major parts of their programme budgets on their sport portfolios,
although in varying degree. Indeed, sports rights have significantly shaped market
positions in EU TV and media markets.
The EU wants to ensure that an unhealthy degree of market power does not lead to
either inflated cost for the customers or unstable short-term income for sports teams
themselves. Thus, anti-trust measures such as Art 81 and Art 82 of the EC Treaty
deal with anti-competitive agreements and abuse of dominant market positions, the
prohibition of price cartels and market partitioning.
Sport, Justice and Home affairs policy
The policy field of Justice and Home Affairs deals with the concept of the European
Union (EU) as an area of freedom, security and justice as enshrined in the Treaty of
Amsterdam.
In view of the increasingly important international dimension of sports, the free
movement of people and workers constitutes an essential basis for sporting activities
within the EU but also as more and more Europeans take advantage of their rights to
move freely around the European Union (EU) either for business or personal reasons,
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the need for greater cooperation between national police forces, customs services and
legal systems is set to increase enormously.
The violence surrounding some recent European football matches has prompted
increased demand within EU Member States for improved methods of preventing
and controlling violence and disorder at sporting events. The European Commission
is focusing its attention on specific violence prevention measures, in particular the
perennial problem of football hooliganism.
Sport and New technologies
Thanks to the new technologies, sport again has the opportunity to act in two ways:

contribute to the development of the new technologies, providing them with

content, and to media literacy and

act as a balancing factor so that the virtual world does not take young people
away from actually playing sport, with the undeniably negative consequences that
that would have.
The new technologies offer the world of sport a range of obvious advantages which
should be exploited. These are:

management of sports events: the new technologies improve information flow

and thus allow more flexible, individualised management of sports events;

improvement of sports techniques: the new technologies provide easier access to

the various sources of information, making it possible for those involved in sport to
constantly learn and improve their technical skills;

generation of interest in the language of images: the public at large and young
people in particular can have access to the new technologies through sport and
familiarise themselves with them, going on to develop a real image culture;

promotion of contact between supporters: the Web allows supporters of teams

from various countries to strike up acquaintances and exchange useful information
for the organisation of sports events;

promotion of social integration: the access to and use of the new technologies in
association with sport can help to promote a policy of social integration.
These positive aspects notwithstanding, it has to be said that the interaction between
sport and the new technologies is not without its dangers, e.g.:

Devaluing of the work ethic: technology cannot replace personal effort.

212

Numbing of instincts and intuition: trust should be placed first in people, then in
machines; the emphasis should be on players, trainers and referees.

demotivation of young people: the right balance has to be struck between the
time spent by a young person on the new technologies and the time actually spent
playing sport.
This is the background against which the interaction between sport and technology
will have to evolve over the coming years. These are questions that we shall have to
continue to think about constantly if we wish to promote both sport and the
development and introduction of new technologies.

Sport and social policy

In 1997, the Heads of State and Government focused special attention on sport
during the Amsterdam Treaty negotiations. Subsequently, in a declaration annexed
to the Treaty, it was stated that: "The Conference emphasises the social significance
of sport, in particular its role in forging identity and bringing people together".
The Commission has adopted this approach in its thinking. More recently, the
European Council has on several occasions examined the matter of sport and its
social function.
Recent history therefore shows that the social integration role of sport is henceforth
acknowledged at the highest Community level as it was already in a number of
Member States which used sport as an instrument of social inclusion and integration.
This role of social integration is multi-faceted. It can be of relevance to young
people in difficulty, often having failed at school, helping them to better integrate
into society. It can also smooth over the integration of migrant populations. It is an
excellent instrument as regards persons with disabilities. At the same time, however,
it is important to avoid being excessively naive and maintaining that sport brings
only positive values.
All too frequently there are reports of violence, racism, cheating, etc. Yet sport
conducted as it should be conducted it is an excellent instrument of integration. It is a
role which can offer a variety of beneficial results: integration within a group, a sense
of achievement, serving as a universal language, etc.
Indeed sport has sometimes been looked at it in a more ambitious light and
considered as a path to a career. This is part of the scene today and the sporting and
social success of athletes from very disadvantaged backgrounds has often been
pushed into the limelight by the media. It is an aspect which should be placed in its
213

proper perspective, for it also conceals a lurking danger that people could sacrifice
studies and learning in order to chase an illusion.
Sport and Youth
The social significance of sports, specifically for young people has been recognized
in many official documents. The Presidency conclusions of the Nice Summit as well
as the Joint Declaration by the Council and the Member States representatives of 5
May 2003 e.g. confirm that the value of sports cuts across different fields of EU
policy, and that it contributes socially, culturally, and in terms of public health to the
well-being of the European youth.
Importantly, sport is not only a source of entertainment for spectators. It is also a
vital educational instrument in that it teaches fair play, teamwork and a sense of
solidarity, and promotes the over-coming of discrimination on grounds of gender,
ethnicity or social background. Rather than constituting a purely personal activity,
sports appeal to a collective identity and can provide role models for young people
and children.
In the framework of its Youth programme, the EU offers young people several
possibilities such as to engage in the European Voluntary Service (EVS), which
makes it possible for young people aged between 18 and 25 to get involved in a
voluntary project in another EU member state.

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Chapter 10

Athens: the first European Host City in the European Territory

THE BID PROCESS
The first attempt of Athens to organize the Games took place in the late 80s, trying to
undertake the organization of the Golden Olympiad of 1996. The candidature was
mainly based on sentimental appeals rather than on a ready and effective application.
Also, a certain number of Greeks were against the organization of the Games by the
Greek capital. The other candidate cities which were claiming the Games were
Atlanta, Belgrade, Manchester, Melbourne and Toronto. The final voting of the
members of the International Olympic Committee, took place at the 96th session of
the International Olympic Committee in Tokyo, on September 18th, 1990. At the
final round Atlanta got 51 votes against the 35 of Athens. The dream of realization
of the Games in Athens remained unfulfilled.
It was alleged that the victory of Atlanta was due to its strong connections, since
some of the greatest companies of the world industry had their seat at the American
city. Characteristic is an article of that time, which justifies the result of the voting:
The goatskins of Coca-Cola opened and drowned the enthusiasm of the
Athenians396. The side of the winners of course defended the cleanness of the
victory of Atlanta and supported that Athens loosed due to its own mistakes and
omissions: The efforts of Greece to convince the International Olympic Committee
were marked by great arrogance397.
Six years later, the Greek State considered that the conditions for a new effort of
claiming the Olympic Games by Athens, were clearly favourable and the possibilities
of final victory more than the respective of the previous candidature. This time the
candidature of Athens was supported by the majority of the Greek people, of the
parliamentary representatives and of the remaining involving organizations. Given
this support, the Greek mission travelled on September 5th, 1997 to Lausanne, where
in the frames of the 106th session of the International Olympic Committee, the city
which would have the liability of organization of 2004 would be elected. Rome had
also a strong candidature file, whilst the final set of five candidate cities was
completed by Cape Town, Buenos Ayres and Stockholm. At the final round of the
voting Athens gained 66 votes, whilst the Italian capital 41.
396

Kiriakopoulos K., Eleftherotipia, Athens, 19/9/1990, p. 24

397

Reuters news agency report, Eleftheros Tipos, Athens, 19/9/1990, p. 20

215

All Greeks were thrilled after the words of Juan Antonio Samaranch The city that
will have the honour and responsibility to organize the Olympics of 2004 is Athens.
The main reasons of the final victory were impressed in an article by a Greek
journalist the day after the voting: This time Athens had passion and a good
profile398. Noteworthy is the reaction on behalf of the losers. The Italian PrimeMinister Romano Pronti declared: With special sympathy we are accepting the
selection of Athens to organize the Games at the country they were born399. Finally,
Juan Antonio Samaranch, a few months after the Greek victory declared: You can
say one time no to Athens, but not a second one400.

The choice of Athens as a host city of the 2004 Games caused reasonable doubts
whether the communication with the community rules was a goal, particularly
because of the entire historical situation. The question whether the entrusting of the
Games to Athens at that very moment and with the absolute application of the
community law happened in order to make these two systems collide with each other
and finally try to resolve it, does not seem to be insane. This makes even more sense
taking into account that the Olympics is an organization addressing to a huge number
of people and it is reasonable that no game could be cancelled because of this
contrast.
On the other hand, the potent composition and organization of the 2004 Games
would be nothing but the proof via the TV coverage that the Olympic movement can
work in accordance with the European Integration. This historical challenge seems to
find its essence in the facts which show the essence of the rules and the meanings.
The European dimension of sport is materialized in the first European host city
during the first Olympic Games of Athens, making the community rules the rules of
the Games of the 21st century.
Simultaneously, the endurance of the participating democracy is being tested through
its institutional opinions and positions. Sport creates a system of institutions and
persons that participate in the European reality as citizens of the European cities.
Being connected with the cities more than the states, sport at this level provides the
superstate dimension of the participation and enhances the feasibility of a great
democratic city which unites bodies and cities. The orientation of the European
integration is quite similar, since it tries to unite some states with equivalent rules.
These first Europe Olympic Games could demonstrate to the international
community this specific phenomenon and the successful idea of the route of the
Olympic flame to the world could also contribute to this direction.

398

Papadogiannis N., Eleftherotipia, Athens, 6/9/1997, p. 51

399

Newspaper Eleftherotipia, Athens, 6/9/1997, p. 4

400

Status magazine, Athens, Octomber 1998, p. 10

216

The organization of the Games during the Summer of 2004 highlighted the absence
of the European character of the Games or of the institutional dimension of the EU
only insofar as it was consistent with the institutions of the Olympic Movement. The
analytical reference could prove it. The symbolisms of the pictures that were shown
at an international level lead to the same conclusion.

The legislative regulation of sport in the Greek legal order

Sport44 has been the object of legislative regulation in the Greek legal order since the
creation of the modern Greek state. Since the beginning of the century, the
organization of extracurricular sport in associations revealed the character of the
organization of sport in Greece too, which primarily is of associative nature. Article
37 of Law 5620/1932 (Government Gazette, 290 A) specifies that private initiative
is free to found gymnastic, sports etc. associations. Initially those associations came
under the Ministry of Education and were governed by special supplementary
legislative regulations, apart from the Civil Code. Sports associations had the
possibility to found unions at prefectural level. In turn, unions had the possibility to
found leagues or federations at national level.
The organization of amateur and professional sport is today governed by Law
2725/1999 (Government Gazette, 121/A), which declares and acknowledges the
associative nature of the organization of sport by regulating even from the very first
article the status of sports associations48. Article 7 of the said law institutes the selfdetermination of sports associations specifying that their rights and obligations, as
well as the issues pertaining to their organization and operation are prescribed by
their statutes. Naturally, the law lays down a minimum frame of rules that govern
sports associations, as well as the terms of its acknowledgement as such.
This law was voted after the Olympic Games of 2004 had been entrusted to the city
of Athens (and not to our country as stated in the Preamble of the law). The said
law in several points stipulated the respect of the rules of the IOC, but without
defining them precisely. The Law 2725/1999 was a comprehensive enactment, which
attempted to fully blend the constitutional frame of art. 16.9 of the Constitution with
the private law, as well as the concern of the state for sport with the concern of

44

(Curricular or extracurricular) physical education or gymnastics have been the first terms
used by the Greek legislator (Royal Decree of 22/9-3/10/1880, Law 5620 of 27/31-8/1932
). The term sport appeared much later and in any case after World War II. For an analytic
presentation of sports legislation of the period 1975-1999, s. Giakoumelos S. Sports
Legislation and Jurisprudence(In Greek), Athens, 2000, pp. 466 ff.
48

It has been decided, as part of the regulations about the associative nature of sport, that the
existence of a higher union or federation in every sports sector does not restrict the freedom
of association. Rather, this is necessary for reasons of public interest, so that no confusion,
irregularity or difficulties occur.

217

private associations. In this way, sport becomes accepted as being self-determined

within the framework of the law.
Also, the Law 2725/1999 was voted under the influence of the Bosman case of the
Court of Justice of the European Communities, as is explicitly stated in its preamble,
acknowledging not effortlessly the status of the European sports community.
The Greek sports legislation embodies the fundamental principles that govern the
sports phenomenon at international level and which focus on the following issues:
self-determination, limited state intervention, the international nature of the
organization of sport (which, however, starts from regional level), the peculiar status
of athletes and the regulation of the status of sport and of disputes thereof through
specialized rules and institutions. The last provision of Law 2725/1999 depicts the
transition of sport from amateur to professional and its economic exploitation at all
levels.
This specialized legislation, apart from its original character, presents additional
methodological interest, in as much as it reveals that the legislator, through the
associations phenomenon, converses with the private law and accepts rules of selfdetermination of sports laid down by non-governmental organizations, which too are
governed by the private law of other countries or are self-determined in a fullautonomy status. This issue presents a particular interest due to the relation between
the constitutional safeguarding of the right of association and the constitutional
protection of sport.
The overall regulation of the status of sport by the Greek legal order could not leave
the status of the Olympic organization unaffected. Since the latter is based on
analogous admissions, it is evident that the existing framework prepared the
incorporation of the Olympic organization in the Greek legal order. It should be
noted, however, that the Greek legal order, even before the entrustment of the
Olympic Games of 2004 to Athens, hosted many provisions inspired by the rules of
the Olympic Movement since the beginning of the century, as will be revealed
further down. Such an example is the creation of the Sporting Ethics Committee in
imitation of the IOC Ethics Commission.
Therefore, it could be said that the Olympic organization of 2004, within the confines
of the Greek legal order, was received by a particularly developed legislative
framework on sport, by a mature and advanced legislation and an approach to the
sports phenomenon that was consistent with the basic principles of the European
Union law.

The Host City Contract of Athens and the Olympic Charter

218

The Olympic organization of 2004 has its own Host City Contract79, which bears all
the aforementioned attributes.
The Host City Contract of Athens specified in article 60 which version of the
Olympic Charter was binding the parties. That version was the one of the 106 th IOC
Session. However, it was expressly stated that any amendment thereof should
prevail. Therefore, at least in theory, the host city contract obliged Greece to not
perpetrate any form of discrimination, to respect the sustainable development and the
Agenda 21 by making the IOC conversant with the conditions of environment
protection and to respect the fair play and the rules of the Olympic Charter as a
whole. This may be a point of innovation, especially to the extent that the protection
of the environment is the most recent pillar of the Olympic Movement.
The contracting parties were the IOC on the one hand and on the other hand a public
law legal person, the Hellenic Olympic Committee, and a local government
organization, the Municipality of Athens. A socit anonyme, which belongs entirely
to the Greek State (the Athens Organizing Committee 2004 SA), should be
constituted and would assume, jointly and severally with the two other contracting
parties, the responsibility to stage the Games.
The Contract was governed by the Swiss law.
It should be noted that attached to the Contract were guarantees by the Ministers of
Sport and Public Order, who guaranteed the respect of the terms of the Contract and
hence the respect of the Olympic Charter.
It is doubtful whether, according to the Greek law, this Contract was clearly subject
to private law rules. It could be presentably maintained that the Host City Contract,
both from the organic and functional point of view, is an administrative contract
governed by the rules of public law. However, this viewpoint engenders a serious
issue both for the governing law and the jurisdiction of the Court of Arbitration for
Sport, to which is submitted the Host City Contract.
As far as the governing law is concerned, if we consider that the Contract is
administrative, seeing that it is not ratified by law, the question that is raised is
whether it is possible for the Contract to be governed by a foreign law.
Lastly, with regard to the determination of disputes arising from the Host City
Contract by the Court of Arbitration for Sport, one should note the criticality of the
issue of designating the Contract as administrative or as governed by the private law.
The resolution of disputes by special courts of arbitration is familiar to the Greek
legal order and it has been accepted by the Council of State that83: The appointment
(by the Minister of Sport) of the Union of Football Socits Anonymes (),
79

The Host City Contract of 5.9.1997 for the Games of the XXVIII Olympiad of the year
2004, is a contract governed by the Swiss law. The contract has not been wholly published up
to date, since such form is not required for it to take effect. In the present study only extracts
will be mentioned from the original signed text, the authors of the present book being
cognizant thereof. In any case the Host City Contract does not include any confidentiality
clause.
83

Council of State 5450/1996.

219

with a view to resolving the disputes that arise from football games, that is in the
cause of public interest, is the expression of state supervision of football, pursuant to
art. 16 paragraph 9 of the Constitution. However, it has been ruled by the same
judgment that responsible to designate this jurisdictional body is the Minister of
Sport, by order of the Constitution.
It is therefore put forward for consideration whether the Court of Arbitration for
Sport satisfies the criterion of art. 16.9 of the Constitution, according to which sport
is under the protection and the ultimate supervision of the State. This remark would
carry weight in the case of execution of the judgment of the Court of Arbitration for
Sport in Greece. The judgment would be reviewed as to the enforcement of rules of
public order.
In addition, there could be a problem in relation to the jurisdiction of the Court of
Arbitration for Sport, in the framework of the Host City Contract, in case the latter is
deemed an administrative contract, given the fact that the contracting parties thereof,
apart from the IOC, is a public law legal person (The Hellenic Olympic Committee),
a local government organization (the Municipality of Athens) and a Socit
anonyme, which belongs entirely to the Greek State (the Organizing Committee). In
such a case, all the rules binding the Greek State should be observed for an
arbitration agreement to be valid. Otherwise, the clause is invalid and it is the Greek
courts that have jurisdiction to determine the disputes resulting from the Contract.
The consequences of designating the Host City Contract as administrative are farreaching. Nevertheless, such an approach attempted by the Greek courts should be
seen as particularly bold, whether it is on the occasion of an appeal, or in view of the
execution of the foreign judgment by the court of arbitration.
The designation of the Contract as a contract governed by private law, would have to
be based on its primary object, especially the finance-related and operational object,
and not accentuate the symbolic provisions that are included, whether they concern
its provisions of constitutional content, or the law-making obligations, or the
issues relating to the States responsibility for sport. From this perspective, the Host
City Contract should be considered to have an advisory character and practically
direct the contracting parties to take initiatives acting on the legal order of the Host
City. By no means should these provisions be deemed binding by themselves and to
the letter of their content, as a whole.
Hence, the Host City Contract of Athens included two units of regulations: on the
one hand those that were strictly binding, which beared on the organization of the
Olympiad from a financial and operational point of view and on the other hand the
philosophical regulations, which consisted in the fulfillment of the vision of the
Olympic Movement and which acted as a precept to the contracting parties. This
position complied with the general attitude of sports law and of the Olympic
Movement. It was also consistent with the traditional practice of sport, which as a
phenomenon of associative nature, converses with and through the private law. The
rest of the issues relating to State action and sport, as well as issues of public order,
security, environment, town planning, etc. should be considered as part of the
constitutional sphere of the different legal orders.
220

The influence of the rules of the Olympic Movement on the legislation of the host
country
Freedom of association, freedom to contract and rule of law: these are the three
fundamental elements that present themselves lucidly before the jurist, when the
latter is invited to interpret the relation between the rules of the Olympic Movement
and the legislation of the host country by means of the Host City Contract. On the
occasion of the Olympic organization of 2004 those three elements were presented
before the Greek interpreter as well, who was invited to approach a contractual
relation that was governed (to its letter) by the private law, together with the rules of
the Olympic Movement and the rules of the Greek legal order.
It could be maintained that the Greek legislator was obliged to take initiative in order
to fulfill the obligations resulting from the Host City Contract and hence that the
overall internal law was invited to perform a radical change in view of the Olympic
organization.
It could be equally maintained that the Olympic organization requires certain
regulations and sets certain objectives, but binds neither as to the means, nor as to the
way. This position seems more reasonable and consistent with the rule of law and the
principle of legality.
As a result, the influence of the rules of the Olympic Movement should be perceived
as setting objectives and not as a commitment to change the law. This position is
reinforced by the fact that, whenever the Olympic Movement had sought the
assistance of the law, this assistance was given in a way that complied with the rules
of the Olympic Movement. Such an example is the Nairobi Treaty for the protection
of the Olympic symbol (Nairobi 26/9/1981), which was ratified in Greece by the
Law 1347/1983 Ratification of the Nairobi Treaty on the protection of the Olympic
Symbol (Government Gazette A 47).
As one interprets this position, it should be considered that the Olympic Movement
has no intention of intervening into the legal activity of the host countrys legal
order, nor does it require the creation of legislation in a way satisfactory to the
Olympic Movement. The Olympic Movement keeps to the sphere of private law, sets
its own rules and requires from its members exclusively to be bound by them,
considering the associative self-commitment that governs their relations. The other
protagonists of an Olympiad, apart from the members of the Olympic Movement, are
governed by the positive law of the host country and by the Host City Contract,
which is perceived as a private law contract.
The Olympic Charter and the Greek legislation
References to the Olympic Charter have been included in enactments of the Greek
legislature after the undertaking of the Olympic Games. Law 2598/1998
Organization of the Olympic Games Athens 2004 was the first to refer to the
221

Olympic Charter, but without defining the exact content of its provisions. Many
more regulations of the Greek legislation adopt rules of the Olympic Charter or are
enacted to its implementation. A characteristic example thereof is the determination
of the site of the Islamic Cultural Centre, which was enacted by art. 7 of Law
2833/2000. In the preamble it is expressly stated that the purpose of the said
regulation was the fulfillment of the principle of toleration, which is protected by the
Olympic Charter as well86. By that same law87 there had been immediate satisfaction,
in accordance with the provisions of the Host City Contract, of the obligation to
protect the Olympic Symbols and indicia.
.As mentioned before, important finance-related provisions of the Olympic Charter,
such as the protection of the Olympic indicia, were vested with further binding legal
force through an international agreement91, in a way that their legal binding character
cannot be questioned upon enforcement of national laws. The disputes that arise from
the Host City Contracts, and hence those that bear on the implementation of the
Olympic Charter, are submitted to the Court of Arbitration for Sport. The Olympic
Movement creates the legal order that is familiar to it and invites the contracting
parties to bind themselves at will. Arbitration secures the respect of contractual
obligations in the measure that submission to it is binding. It also secures the lack of
contradistinction between the rules of the positive national law and the rules of the
Olympic Charter or of the Host City Contract.

The dialectic relation between the Olympic Charter and the legal
order of the Host City The legal nature of the Olympic Charter
In the framework of the Greek law, it should be accepted that the provisions of the
Olympic Charter and the Olympic Charter itself were a legal source, according to the
Greek Constitution in force, and have exclusively the effect of contractual terms, in
virtue of the Host City Contract. It is doubtful whether they could constitute a legal
source in the framework of any other organized legal order; of course save for their
nature as a source of the private law. Therefore, their effect should be sought
exclusively in the private law. It is evident that, should these rules conflict with the
national law, the latter will prevail.
A consequence thereof would probably be the (partial or complete) invalidity of the
contractual clauses of the Host City Contract, in the measure that they were
regulating issues contrary to public order rules. Despite the fact that the said Contract

86

S. , June 2000, p. 1173.

87

Article 3 of Law 2598/1998, as complemented by article 2 of Law 2819/2000.

The Nairobi Treaty On the protection of the Olympic Symbols and Indicia (Law
1347/83), presented in the second part of the book.
91

222

was governed by foreign law93, judgments that are executable in the Greek legal
order would be considered with reference to that issue.
The relation between private and public law was clearly seen in the case law of the
Council of State concerning related issues of sports law. Nevertheless and as part of
the contractual obligations resulting from the Host City Contract, the states attempt
to establish regulations that will ensure the respect of the Olympic Charter. Athens is
a good example for consideration.
As a result, the binding legal nature of the Olympic Charter will have to be sought in
the rules of private law. Its legal force lies in the rules of self-commitment of the
members of the Olympic Movement, in combination with the contractual
commitment of the Host Cities. It would not be correct from a methodological point
of view to establish a hierarchy of rules and to incorporate the Olympic Charter into
a pyramid of rules, as has been attempted at times.
In the framework of the law, the Olympic Charter would be described as equally
binding as a private manifesto. However, this is not entirely verified in practice,
especially in so far as the Olympic Charter is a binding source of rules for its (many)
members, but also for the contracting parties with the IOC. It would me more
appropriate to look for the dialectic relation between the rules of the current law and
the private rules of the Olympic Movement and study the legal nature of the Olympic
Charter as part of this dialectic. This relation is to be found in the Host City
Contracts and in the procedure of incorporating the rules of the Olympic Charter into
the positive law. This procedure is chosen by the legal order, as befitting the
fulfillment of obligations emanating from the Host City Contract. However, given
the fact that there is not some kind of juridical decision resolving the issue, the above
consideration remains theoretical.
Whether the Olympic Charter is a legal source has not been decided by the Greek
jurisprudence. Nor has been decided the effect of the rules of the Olympic Charter in
relation with constitutional rules or rules of international treaties. Certain conclusions
can be drawn from other rules of the sports law.
In our opinion, the binding character of the Olympic Charter should be sought in the
provisions that it embodies and by which are voluntarily bound, by virtue of
Contracts, the Host Cities and the National Olympic Committees.
According to the Olympic Charter, the Government of the country where the Host
City is situated, guarantees the respect of the Olympic Charter (article 37.3 of the
Olympic Charter)97. This guarantee should be treated as an obligation to interpret the
laws of that state in compliance with the Host City Contract, provided that there is no
93

On condition that it is not considered to be an administrative contract.

The undersecretary of state for Sports in an appendix of the Host City Contract has
guaranteed the respect of the terms of the Olympic Charter (8.7.1996, Ref. no. 3220). Indeed,
in this appendix should one seek the binding character of the Olympic Charter. It is an
interesting case, where the contractual obligations possibly lie beyond the scope of the
Constitution and entail more serious consequences in relation to the violation of constitutional
rules or international treaties, seeing that the related contract prescribes stringent terms of
termination thereof.
97

223

issue of public order or conflict with the Community law. The rest of the provisions
are binding to the extent that they bear on the members of the IOC or of the Olympic
Movement and on the relations that the IOC establishes with the local authorities
pursuant to the provisions of the Olympic Charter.
Therefore, the Olympic Charter has binding effect, which is independent from the
national legal orders or the international law. Still, the consequences thereof have
strong political bearing on the cities that undertake the Olympic organization due to
the significance the Olympic Games have acquired.
The effect of these contracts is decided, obviously, by the law that governs them, but
also by the constitutional legal order that each contracting party belongs to. This
remark assumes particular interest when considered in the framework of the existing
constitutional provisions on sport and the obligation of State concern (e.g. article
16.9 of the Greek Constitution) or in the framework of Community law and the
principle of primacy.
It should therefore be accepted that after the Olympic Games were entrusted to the
city of Athens and the Host City Contract has been signed, the parties thereof were
contractually bound to respect the rules of the Olympic Charter (article 1 of the Host
City Contract). By virtue of this obligation, the Municipality of Athens and the
Hellenic Olympic Committee were obliged jointly and severally to comply with the
terms of the Olympic Charter and with those of the Host City Contract. It should be
noted that, according to article 13 of the said Contract, the same obligation was
assumed by the Organizing Committee of the Olympic Games, as soon as this was
created and made party to the said Contract, as prescribed by it.
The contractual element that is prevalent in sports rules and hence in the rules of the
Olympic Games has been already stressed by the case law98 of the Greek courts.
However, it is settled case law that the freedom of sports associations to contract is
restricted by the obligation of State concern for sport, according to article 16.9 of the
Constitution.
The Council of State has ruled that the rules prescribing the organization of
championships are contracts of accession. The legislator, in the framework of article
16.9 of the Constitution, has limited responsibility of concern for sport and is obliged
to leave the rest of the issues to the freedom of the will. These issues are regulated by
rules of private law through private organizations, mainly of associative character.
The reference to tradition in a judgment of the Council of State (no. 1853/1998)
indicates the acceptance thereof by the legal realism. Articles 16.9 and 5.1 of the
Constitution draw the line at private will.
According to recent case law, in view of the above position, article 16.9 of the
Constitution is not violated. More specifically, it has been ruled that a ministerial
decision, which approves a regulation of a sport (of basketball in the present case)
and which limits the freedom of the will, is constitutionally accepted because it does
not restrict the economic freedom, since the intervention of the legislator in legal
relations bearing on a remunerated sport (basketball) and the enforcement of
98

S. the judgement of the Council of State no. 1853/1998

224

restrictions in their contractual content are in principle accepted and permitted99. An

analogous ruling is included in the judgment no. 1908/1995 of the Council of State,
according to which complies with the Constitution the restriction of the athletes
freedom to contract with specific sports associations, as long as this restriction is
introduced by a regulation approved by a Ministerial decision. This ruling was
founded on the position that the said regulation relates to serving the general interest,
namely to secure the stability in the manpower of every basketball association and to
avoid the exploitation of minor associations by those having greater financial power.
An analogous ruling was made by the Council of State (judgment no. 5450/1996)
concerning the issue of appointing a jurisdictional body by the Minister of Sports,
which has jurisdiction for disputes arising from football Regulations100. The Council
of State in its judgment no. 5450/1996 drew the borderline between private and
public law in the rules that govern sport on the basis of article 16.9 of the
Constitution. More specifically it defined that the private will regulate issues other
than those viewed by the legislator as essential for the fulfillment of State concern,
which, for that reason, fall under the sphere of the public law.
The aforementioned judgments, despite the fact that they bear on sports rules not
included in the Olympic Charter or other rules related to the Olympic Games, should
be viewed as pertaining to sport as a whole, which is safeguarded by the provision of
article 16.9 of the Constitution and in the interest of which, the State has the
obligation to provide for and set limits on private action.
This position, which is adopted by the jurisprudence, as to the relation between
private law rules and public law rules on sport, should raise questions with regard to
the rules of the Olympic Movement, if it is possible for them to be reviewed and
annulled. Otherwise it should be required to explore their relation with the
Constitution in force.
To recapitulate, the Olympic Charter is governed by the private law and is subject to
the constitutional limitations of the country, where the contractually bound Host City
is situated. Being the statutory charter of the Olympic Movement, it binds its
members through the principle of autonomy and freedom of the will. In so far as it
binds states, through the contractual engagement of the Host Cities, it is governed by
the respective Constitutions. This relation connects two systems of a different nature
and creates a dialectic relation in the framework of the staging of the Olympic
99

Related judgements of the Council of State, nos. 2944/1980 and 2457/1998.

The judgement no. 5450/1996 of the Council of State specifically states: In view of this
constitutional provision, the law 1958/91 entitled Section of remunerated athletes, sports
socits anonymes etc. (A 122) was published inter alia. It results from the provisions
thereof that certain sports issues viewed by the legislator as essential for the fulfilment of
State concern, in accordance with the Constitution, are regulated either by law directly or by
the authority of administrative bodies and therefore fall under the sphere of the public law.
Moreover, the settlement of other issues is left by the law to regulations issued by private law
legal persons, such as the respective associations or federations of each sport and therefore
fall under the sphere of the private law (s. judgement no. 442/92 of the Council of State etc.).
100

225

Games. The relation between private and public law in sports issues has been defined
on many occasions by the case law of the Council of State, which has set the limits
on private law.

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
Once we accept that the Host City Contract binds contractually the parties and falls
under the private law, we should further accept that the regulations included either in
the Host City Contract, or the Olympic Charter and treating an issue that bears on
State action, public interest, or violating Community and constitutional rules, will not
be deemed binding. Given that the Olympic Charter incorporates regulations that
affect the Constitution and the Community law, its interpretation will be dealt with in
the following chapter.

226

The Olympic games of 2004 under Greek legislation

The undertaking of the Olympic Games of 2004 by the city of Athens was not
devoid of consequences for the national legal order. A set of special legislative
regulations covering various aspects of the Olympic organization of 2004 has been
put into effect gradually since 1998401.
The need to deal with the organizational issues of the Olympic Games of 2004
was the reason that justified the first separate statute passed by the Parliament in
February 1998 (Law 2598/1998, Government Gazette 66 A) followed by the
legislative regulations for the Olympic Works (Law 2730/1999, Government Gazette
130 A) and Laws 2819/2000 (Government Gazette 84 A) and 2833/2000
(Government Gazette 150 A), which mainly amended the first two statutes.
Special mention should be made to Law 2725/1999 Amateur and professional
sport and other regulations (Government Gazette 121 A)402. Although the said law
did not concern directly the Olympic organization of 2004, it has included
regulations (article 37) regarding the renaming and restructuring of the status of the
Hellenic Olympic Committee403, as well as the Olympic symbols and especially the
Olympic torch. Furthermore, the same law (article 130) has made reference to the
401

It would be worthwhile studying the law-producing activity of the Greek State on the
occasion of the first Olympic Games and drawing certain critical conclusions with reference
thereto. Panagiotopoulos D. has made reference to this activity in Olympic Games Law (I n
Greek), Ant. Sakkoulas, 1991. More specifically, see Appendix I of the book, which presents
the Decree of 1858 concerning the institution of the Olympia and Appendix II, which presents
the Decree of the 4th Olympiad of 1888. Through these Decrees one can have a clear picture
of the language and mentality of that period. It should be noted, however, that the
organization of the first Olympic Games has not been marked by any law-producing activity
or remarkable institutional initiatives. Therefore, comparing the legislative production of the
two periods seems pointless in the present study, but it could be a very interesting approach
for historians.
402

For this law and its preamble s. in Giakoumelos S., Sports Legislation and Jurisprudence
(In Greek), Athens, 2000. S. also Kousoulis S. - Malatos A., Sports Legislation (In Greek),
Ant. Sakkoulas, 2000.
403

As provided in article 37 of the said law, the Committee of the Olympic Games (public
law legal person) has been renamed to Hellenic Olympic Committee (HOC) and a presidential
decree has been published (no. 130/2000, Government Gazette 113 A) with a view to
regulating issues as to the purpose, organization, administration, function, management,
property, official status and disciplinary sanctions imposed on HOC personnel, as well as any
other issue regarding the function of the HOC and of the International Olympic Academy
(IOA), in view of the Olympic Games of 2004. It should be noted that these regulations aimed
at modernizing the status of the HOC, especially after its involvement, as a contracting party,
in the Host City Contract.

227

obligation to respect the sporting spirit, the sports traditions and the Olympic Ideal,
prescribing severe administrative penalties in case of contravention thereof404.
The analysis attempted in this section adopts the method of a historical
review of the law-producing activity for the Olympic Games of 2004. The goal of
this analysis is double. On the one hand, to guide and facilitate the reader in
approaching the primary and secondary regulations associated with the Olympic
organization of 2004, which have been codified and commented and are presented in
thematic units in the last section of this book. On the other hand, to restore the
historical continuity, which is necessary for understanding and interpreting the Greek
law-producing activity for the Olympic organization of 2004 and through this to
reveal the way by which the Greek legal order has incorporated the rules and the
directives resulting from the Olympic Charter, the Host City Contract and the other
Olympic texts. Also, by the analysis below, one could compare the Greek 405.

Law 2598/1998 Organization of the Olympic Games Athens 2004

Law 2598/1998 (Government Gazette 66 A)406 introduced the first specialized
legislative regulations concerning the Olympic Games of 2004. It has been enacted a
few months after the city of Athens had been entrusted with the Olympic Games and
the Host City Contract had been executed by the International Olympic Committee,
the Municipality of Athens and the Hellenic Olympic Committee407.
As the title of this law reveals, the aim thereof was to regulate issues concerning the
organization of the Games and incorporate the obligations of the Greek side arising
from the Host City Contract into the internal law. To this effect, the law established a
tripartite organizational system consisting of: a) the National Olympic Committee, b)
the Organizing Committee for the Olympic Games Athens 2004 and c) the
Interministerial Committee for the Olympic Games (Olympiad 2004).
The National Committee constituted the first part of this tripartite system. Its
conception served the need to create a broad social and political body having
advisory character and being able to justify the national character of the whole
endeavour. Representative of this conception was the double composition (full
404

For this issue, s. the theoretical approach in Chapter 2 of this book.

405

S. especially Teubner G. (Ed.), Global Law without a State, Dartmouth, 1997, Abromeit
H. and Hitzel-Cassagnes T., Constitutional Change and Contractual revision: principles and
procedures, ELJ, Vol. 5, Issue 1, March 1999, pp. 23 ff., Sand I-J., Understanding the New
Forms of Governance, ELJ, Vol. 4, Issue 3, September 1998, pp. 271 ff.
406

The complete text of the said law can be found in Kousoulis S.- Malatos A., Sports
Legisation (In Greek), Ant. Sakkoulas, 2000, pp. 250 ff.
407

The Host City Contract was executed in Lausanne on 5 September 1997. As has already
been said, after the creation of the Organizing Committee Athens 2004, this too is bound by
the Contract.

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session and steering committee session) established by the law for the function of the
National Committee. The president of the full session is the President of Democracy.
The other participants are the Prime Minister, the President of the Parliament, the
leader of the main opposition party, the leaders of the parties that are represented in
the Parliament or the European Parliament, the Ministers and undersecretaries of
state appointed by Prime Ministerial act and the members of the steering committee
session. The latter consists of representatives from the main social, intellectual,
artistic and sports authorities of the country. This representation is inherent in the
basic mission of the Committee, as this is described in article 1 of the law
(mobilization of the political, social, intellectual, artistic and sports powers of the
Nation with a view to a thorough preparation and staging of the 2004 Olympic
Games). Although the responsibilities of the National Committee are purely of
advisory character (monitor the general planning of the Olympic organization, being
informed of its progress and formulate recommendations and remarks on the
progress reports submitted by the Organizing Committee), it seems that the intention
of the legislator was to attach to the National Committee a significant political and
moral role at the decision-making process and make it a quasi political and social
machinery for the supervision of the Organizing Committee408.. What should be
stressed at this point is the symbolical choice of the Greek State to give priority to
the creation of this organization and of the Organizing Committee, the creation of
which has been assumed as a contractual obligation under the Host City Contract.
The Organizing Committee has constituted the second part of this tripartite system.
As a result of the execution of the Host City Contract in September 1997, the Greek
side has assumed the obligation to create the Organizing Committee (article I.6), in
accordance with the relevant requirements of the Olympic Charter (article 39). The
Organizing Committee has been constituted as a private law legal person having the
status of a Socit anonyme409. Although the law expressly states that the Organizing
Committee does not come under the public sector and that it is governed by the rules
of private economy, it should be mentioned that from the related provisions (article
2) it results that it is a sui generis not-for-profit legal person resembling analogous
public companies created in the national legal order for major works or projects (e.g.
Egnatia Odos SA, Attiko Metro SA, etc.). This legal person has been endowed since
its creation with privileges and exemptions that justify the characterization of the
Socit anonyme as sui generis. It also enjoys exemptions from taxation.
Nevertheless, at this point it should be noted that for its creation the legislator took
into consideration the acquired experience from other similar organizational forms
408

S. the relevant commentary in the report of the Scientific Research Service of the
Parliament (Section of Legislative Elaboration of government and parliamentary bills) of
16.2.1998 put forward by A. Skordas.
409

The Organizing Committee has been constituted by article 2 of Law 2598/1998, the
provisions of which have been amended by article 3 par. 1 and 5 of Law 2819/2000 and
article 1 par. 1 up to article 7, par. 2 of Law 2833/2000. By virtue of an authorization of law,
the Cabinet by its Act 14 of 10.4.1998 (Government Gazette 76 A) has approved the Statutes
of the Socit anonyme Organizing Committee for the Olympic Games Athens 2004 SA.

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existing in the Greek legal order, so as to choose the most effective one for the needs
of the Olympic organization. On the other hand, the legislator made efforts to adjust
the Organizing Committee to the requirements of the IOC.
The third party of this tripartite organizational system, introduced by Law
2598/1998, was the Interministerial Committee Olympiad 2004. It was a collective
governmental body, whose main responsibility was to supervise the Organizing
Committee. The first Interministerial Committee had been constituted by the Prime
Ministerial decision no. 73/12.1.1998 (Government Gazette 19 B) and had lasted
until the spring of 2000, when it was replaced by a new similar body: the
Interministerial Coordinating Committee for Olympic Preparation (D.E.S.O.P.)410. In
the initial composition of the Interministerial Committee participated the Minister of
Culture, in the capacity of president, and as members the undersecretaries of state for
National Economy, Finance, Environment Physical Planning and Public Works, as
well as the undersecretary of state for Sports. The meetings of the Committee were
also attended by the President and Managing Director of the Organizing Committee
and, after March 1999, by the economic and technical adviser of the Prime Minister.
The Interministerial Coordinating Committee for Olympic Preparation expresses the
extent of intervention of the Greek State in the Olympic organization, as well as the
great responsibility and the cooperativeness required by such an endeavour. The key
role that this body acquires progressively reveals once again that the Greek State is
centred round the Prime Minister, and that the various organizations have difficulty
in communicating, when the project that the country is called upon to implement,
requires coordination and effectiveness.
The regulations of Law 2598/1998 dealt also with the protection of the Olympic
symbols and indicia (article 3). By the provision of the said article, the Olympic
symbol (five interlaced rings of one or more colours), which had already been
internationally protected by virtue of the International Nairobi Treaty of 26.9.1981,
has comes under the protection of Law 2239/1994 on indicia (Government Gazette
152 A). Under the same protection have come the name and the business name of
the Organizing Committee for the Olympic Games Athens 2004 and of its affiliated
companies, as well as the terms Athens 2004, Olympic Games Athens 2004 and
any other similar term in Greek or in any foreign language. Article 2 of the
subsequent Law 2819/2000 complemented and expanded the above provisions, so
that the listing of the Olympic symbols and indicia of article 3 of Law 2598/1998 be
not restrictive. This expansion was achieved through the authority conferred upon the
Ministers of Culture and Justice to determine by joint decision publishable in the
Government Gazette other goods, relevant to those mentioned in article 3 of Law
2598/1998, which ought to enjoy the special protection of the Olympic symbols and
indicia. In addition, Law 2819/2000 instituted a special jurisdiction for the hearing of

410

The Interministerial Coordinating Committee for Olympic Preparation has been

constituted by authorization of the decision no. Y228/31.5.2000 of the Prime Minister
(Government Gazette 676 B).

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provisional and protective measures and claims for damages bearing on the
protection of the Olympic symbols and indicia411.
The same law regulated the status of contracts that the Organizing Committee for the
Olympic Games Athens 2004 would enter into for the carrying-out of the necessary
technical works of its jurisdiction. It also regulated the way the related procurements
would be carried out. To this effect, the legislator has authorized the Board of
Directors of the Company to draw up Regulations for the award of works, designs
and services, the carrying-out of procurements and the conclusion of such contracts
(article 2 par. 14). These regulations would be approved by Cabinet Act, published in
the Government Gazette and communicated to the responsible Committee or Subcommittee, according to the Standing Orders of Parliament. In this way, this first
separate law on the Olympic Games established a special status concerning the
tenders for the award of the Olympic Works and procurements and placed special
emphasis on the steadfast respect of legality. Other supplementary provisions gave
emphasis to transparency, so as to secure the relation between the members of the
Board of Directors and the Company. This ambitious regulation, which stemmed
from the conviction of the legislator that the Olympic Works would be carried out by
the Organizing Committee, was soon to be amended. Hence, the relevant
responsibilities were redistributed and the works were practically assigned to the
Greek State412. It is not a coincidence that only the Regulations concerning designs
and procurements have been published (Cabinet Act 72/1999, Government Gazette
276 A) as opposed to the Regulation concerning the works. It is also important to
notice that during that period special emphasis had been given to the respect of the
rules of Community law with regard to the award of public contracts, especially
within the framework of the relevant Regulations.
Lastly, the law has laid down the first provisions concerning the status of
expropriations in a climate of euphoria due to the imminent beginning of the
Olympic Works (article 2 par. 16). Through the successive legislative regulations
that ensued413, the related regulation of Law 2598/1998 was going to be expanded
and enriched thematically, thus founding an autonomous body of regulations
concerning expropriations that are required for the Olympic Works to be carried out.
It should also be noted that certain issues that ought to be included in Law
2598/1998, were eventually incorporated into two articles of Law 2725/1999
Amateur and professional sport and other provisions (Government Gazette 121 A).
411

S. the unpublished judgments of the Court of First Instance of Athens () upon

petitions for provisional and protective measures 2699/2000, 8528/2000, 8529/2000,
6875/2000, 9485/2000.
412

S. Cabinet Act 18/2000 (Government Gazette 125 A), which assigned the carrying out of
certain vital Olympic Works to ministries (Ministry for the Environment, Physical Planning
and Public Works) and organizations of the wider public sector [Workers Housing
Organization (O.E.K.), Hellenic Horse Racing Organization (O.D.I.E.)]. There is a more
analytic approach to the issue in the following chapter.
413

S. especially articles 6-12 of Law 2730/1999 (Government Gazette 125 A).

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These were articles 37 and 130 of Law 2527/1999, which instituted a series of ethical
sports rules, in accordance with the Olympic Ideal, prescribing penalties in the event
of contravention thereof. The same provisions regulated the status of protection of
the Olympic torch and authorized the re-examination of the status of the Committee
for the Olympic Games, which changed its name to Hellenic Olympic Committee
(HOC). By authorization of the said law, the Presidential Decree 130/2000
(Government Gazette 113 A) was published, which approved the Statutes of the
Hellenic Olympic Committee.

Law 2730/1999 Planning, complete development and

carrying-out of the Olympic Works and other provisions
(Government Gazette 130 A)
The second group of legislative regulations concerning the issues of the Olympic
organization focused on the determination of site and in a wider sense on the
carrying-out of the Olympic Works414. Being the fruit of an effort that had lasted
many months, from January 1999 to May of the same year, Law 2730/1999 tried to
show the crucial importance of the Olympic Games of 2004 for the Metropolitan
Complex of Athens and to incorporate the Olympic venues into the basic choices of
spatial planning and of the environmental and residential organization of the wider
capital area, by associating them with the respective Urban Plan (Law 1515/1985).
More specifically, the first chapter of the said law (articles 1-5) and articles 19 and
20 of the fourth chapter regulated the determination of site of the Olympic venues in
Attica and prescribed special procedures of planning and residential organization of
the receiving areas. The same chapter dealt with issues of approval of environmental
terms and building licenses for all permanent Olympic sports venues. At the same
time, there was a first legislative attempt to deal with the Olympic Overlays. This
attempt was accomplished a few months later by the provisions of article 4, par. 3 of
Law 2819/2000 (Government Gazette 84 A). The aim of the said law, as to the
issues of that chapter, was to achieve the greatest possible security of law for the
carrying-out of the Olympic Works and to avoid nonreversible delays and
complications. To this effect and as results from the preamble of the law and the
related appendices submitted to the Parliament as preliminary material of the related
regulations, enhanced guarantees have been introduced with regard to spatial
planning and environmental requirements of the Olympic Works. Such guarantees
are the incorporation of the program for Olympic venues into the Urban Plan for the
city of Athens in the form of a system of poles of supra-regional importance, the
publishing of presidential decrees bearing on the residential organization of the
414

The concept of the Olympic Works is thoroughly examined in the next chapter. However,
it should be noted at this point that although this concept seems self-evident at first sight, it is
of great consequence given the special legal status attached to the Olympic Works. The
breadth of the concept is particularly important for the practical application thereof.

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receiving areas of pivotal Olympic venues, the creation of a uniform and

homogeneous system for the approval of environmental terms and building works at
administration level etc.415
The second chapter of the law (articles 6-14) dealt with issues of expropriations and
cessions of land, which are necessary for the carrying-out of the Olympic Works and
other relevant works. The aim of the said law was to accelerate the necessary
procedures.
Lastly, the third chapter of the law (articles 15-18) dealt with organizational issues of
the Olympic preparation bearing mainly on amendments to the legislative status of
the Organizational Committee for the Olympic Games that had been established by
Law 2598/1998. Two new institutions had been introduced by the regulations of that
chapter: the institution of the Olympic Executives and the Special Secretariat for the
Olympic Games created in the Ministry of Culture. The idea of the Olympic
Executive has been based on the need to coordinate all ministries that are involved in
the organization. Correspondingly, the creation of the Special Secretariat for the
Olympic Games in the Ministry of Culture aimed at the coordination of the
ministerial services and public legal persons, whose responsibilities bear on the
Olympic preparation. These new institutions suggested the emerging tendency to
detach the main part of the Olympic organization from the Organizing Committee
and shift it to the central administration.
The coexistence of the two newly established institutions was potentially
antagonistic, in so far as they claimed, from different positions, a parallel
coordinating responsibility (mainly vertical in the case of the Olympic Executive,
horizontal in the case of the Special Secretariat for the Olympic Games). The
developments confirmed that initial variance. The network of Olympic Executives
had operated for ten months approximately and eventually fell into disuse after April
2000. New coordinating organizations were established, such as the Coordinating
Team, which has been unofficially created in the Ministry of Culture. It is headed by
the responsible undersecretary of state with the participation of Secretaries General
or Special Secretaries of the involved ministries. The Special Secretariat for the
Olympic Games proved to be more long-lived. Although subsequent modifications
that were brought about in its status and its responsibilities by article 3 of Law
2819/2000 reflected an important institutional expansion of its role, more recent
415

At this point, it is important to mention the commentary on articles 1-4 of the government
bill set forth in the report of the Scientific Research Service of the Parliament (Section of
Legislative Elaboration of government and parliamentary bills) of 24.5.1999 put forward by
A. Karetsou. The report seems to confirm the basic strategic conception of the government
bill as to the need to incorporate the Olympic Works into the overall spatial planning of the
wider area of Athens, but also the more specific choices of the legislator for upgrading the
role of the Organization of Urban Planning of Athens and for establishing presidential decrees
as a means of preventive review for the legality of regulations concerning the Olympic
Works. As results from the rationale exposed in the said report of the Scientific Research
Service of the Parliament, this is a felicitous moment in the course of legislative regulations
for the Olympic organization of 2004, since the blending of the rules of the IOC and of the
Olympic Movement with those of the internal legal order has been satisfactorily achieved.

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changes effected by Law 2833/2000 and especially the reconstitution and upgrading
of the role of the Interministerial Committee after May 2000 seemed to determine its
function rather as a group of support to the Interministerial Committee and the other
governmental coordinating organizations than as an independent coordinating unit.

Law 2819/2000 Creation of the Olympic Village 2004 SA,

protection of the Olympic symbols and indicia and other
provisions
Law 2819/2000 Creation of the Olympic Village 2004 SA, protection of the
Olympic symbols and indicia and other provisions (Government Gazette 84 A)
introduced the third set of legislative regulations concerning the Olympic Games of
2004. Article 24 of Law 2741/1999 (Government Gazette 199 A) came a few
months earlier (September 1999) and was introduced as an amendment to the related
government bill.
The said law consisted of 27 articles (together with the final one), among which only
the six (6) first can be considered to form a thematic unit relevant to the Olympic
organization, whereas the other twenty (20) treat various and heterogeneous issues
that had been passed by the Parliament as amendments in their majority416.
The main part of those regulations, as well as of the preceding article 24 of Law
2741/1999 seemed to be the redistribution of powers in the sector of the Olympic
Works. It is worth reminding at this point that, according to the original concept set
forth in article 2 of Law 2598/1998, the powers as regards the carrying-out of the
Olympic Works had been distributed to two executive organizations. On the one
hand, it was the Organizing Committee for the Olympic Games, which had been
entrusted by Cabinet Act 38/1998 (Government Gazette 189 A) with the carryingout of certain pivotal Olympic Works and, on the other hand, the General Secretariat
of Sports, which, being the responsible organization, had assumed the construction,
expansion and modernization of all the other sports venues.
That choice, especially as regards the Organizing Committee for the Olympic
Games, had been combined with the prospect of carrying out the works assigned to it
by entering into concession contracts with private construction - investment groups.
This was made clear in the preamble of Law 2730/1999, in the general part of which
it is expressly mentioned that one of the main objectives of the law was the carryingout of the Olympic Works by means of self-financing. In this way, encumbrance of
State budget would be avoided and available public resources would be appropriated
for other social needs. Therefore, Law 2730/1999 determined the post-Olympic use
of certain pivotal Olympic Works, capable of being self-financed, so as to define
416

It is worth mentioning that Law 2819/2000 had been the last bill to be passed by the
Parliament before this was dissolved and the elections of 9 April 2000 were called. This fact
explains the many disparate provisions included in the bill in the form of amendments at the
debate of the Cultural Affairs Committee and the Plenary Session of Parliament.

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with precision the legislative framework of urban planning within which the
concessionaires could act after the conclusion of the Games (s. article 2, par. 1 and
article 3 of Law 2730/1999).
However, this policy was gradually reversed. The first sign of this change was the
decision made in the summer of 1999, according to which the works for the
construction of the Olympic Village were assigned to the Workers Housing
Organization (O.E.K.). More specifically, the Workers Housing Organization would
finance the works exclusively using its own resources and after the conclusion of the
Games the Olympic Village would be used as a workers settlement by its
beneficiaries. During the same period, the construction of the Olympic Equestrian
Centre and Racecourse at Markopoulo, Mesogaia was decided to be assigned to the
Hellenic Horse Racing Organization (O.D.I.E.). To this effect, in July 1999, the
Hellenic Horse Racing Organization proclaimed an international invitation to tender
using the method of concession, including, for reasons of profitability of the whole
project, the possibility to exploit after the conclusion of the Olympic Games the
Faliron Multi-Purpose Complex417.
These developments were confirmed a few months later, when article 24 of Law
2741/1999418 was passed. The regulations of the said article determined the
assignment of the construction of the Olympic Village and the Markopoulo Olympic
Equestrian Centre to the Workers Housing Organization and the Hellenic Horse
Racing Organization respectively. To this effect, article 6 of Law 2730/1999 had
been complemented and amended, so as to enable the above-mentioned organizations
to declare the expropriation of tracts that were required for the carrying-out of the
respective works.
The method of financing the Olympic Works by means of concession was to be
abandoned completely a few months later. The irresolution of the Organizing
Committee combined with the inherent difficulties of carrying out the works by
means of concession, but also the uncertain profitability of most of the Olympic
Works, as studies of the time revealed, led Athens 2004 to disclaim the responsibility
to carry out the works assigned to it by Cabinet Act 38/1998 and transfer this
responsibility to public organizations. Therefore, the financing and carrying-out of
the Olympic Works was assigned to the Greek State.
417

This potential provision included in the invitation to tender by the Hellenic Horse Racing
Organization, as to the Faliron Multi-Purpose Complex, was not adopted. That part of the
work was decided to be constructed exclusively in the form of temporary facilities that would
be removed upon conclusion of the Games. After adventures in and out of court that had
lasted for about 12 months, the said tender was declared unavailing in November 2000 and
the works included in it were assigned to public organizations. After that, it has been made
clear that the entirety of the Olympic Works would be financed exclusively by public
resources and carried out according to the traditional methods used for public works.
Law 2741/1999 Hellenic Food Authority, regulation of issues coming under the
jurisdiction of the Ministry of Development and other provisions (Government Gazette 199
A). The complete text of the explanatory report of the government bill can be found in N
1999, pp. 1999 ff.
418

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The Cabinet decided on the related issues in February 2000 and the necessary
regulations were incorporated into Law 2819/2000. More specifically, the said law
instituted a general authorization, according to which the responsibility of carrying
out the Olympic Works and other special technical works could be assigned to
ministries, public services and legal persons of the wider public sector by Cabinet
Act.
This authorization constituted the starting point for the creation of the new
administrative state of affairs in the Olympic Works sector. A few days after the
elections of April 9th 2000, Cabinet Act 18/22.4.2000 (Government Gazette 125 A)
was published, assigning to the Ministry for the Environment, Physical Planning and
Public Works the so-called five orphan works of the Organizing Committee. At the
same time, it confirmed the assignment of the Olympic Village to the Workers
Housing Organization and of the Olympic Equestrian Centre and the Faliron MultiPurpose Complex to the Hellenic Horse Racing Organization.
Law 2819/2000, in an attempt to restructure the administrative situation, did not only
institute the above authorization, nor did it focus exclusively on the Olympic Works
sector. It was also the founding enactment of the Socit anonyme Olympic Village
2004 SA, as provided by article 1 of the law. The exclusive shareholder of Olympic
Village 2004 SA is the Workers Housing Organization and its aim was to supervise
and coordinate the construction of the Olympic Village on the location Lekanes, in
the Municipality of Acharnes. In addition, article 3 of the said law brought about
various amendments to Laws 2598/1998 and 2730/1999. Those amendments dealt
with issues of organization and operation of the Organizing Committee for the
Olympic Games Athens 2004 SA and of the Special Secretariat for the Olympic
Games. Lastly, article 6 of the said law expanded the aims and powers of the
Hellenic Cultural Heritage SA, which had been created by virtue of Law 2557/1997
(Government Gazette 271 A), so that it would assume issues of organization,
promotion and exploitation of the Cultural Olympiad.

Law 2833/2000 Issues of Preparation of the Olympic Games of

2004 and other provisions
Law 2833/2000 Issues of Preparation of the Olympic Games of 2004 and other
provisions (Government Gazette 150 A ) was the fourth special enactment
concerning the Olympic Games of 2004 that has been published after the city of
Athens had been entrusted with the Olympic organization. This new law, as well as
the preceding law 2819/2000 (Government Gazette 84 A), brought about changes in
previous laws bearing on the Olympic organization and, in that sense, should be read
in combination with the provisions that it amended.
The reason why this law was passed was obviously not irrelevant to the changes in
people and structures that had been brought about in the Organizing Committee for
the Olympic Games after the elections of April 2000 and the announcements of
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Samaranch as regard the problems of the Hellenic Olympic organization. Besides,

this fact explains why Law 2833/2000 was submitted to the Parliament only two
months after Law 2819/2000 had been passed.
Article 1 of Law 2833/2000 dealt with issues of organization and operation of the
Organizing Committee for the Olympic Games Athens 2004 SA. More specifically,
the amendments that were brought about regulated once again the composition and
powers of the Companys management and initiated a full session and a steering
committee session of the Board of Directors vested with corresponding powers.
Moreover, they increased the percentage of personnel that could be hired by the
Managing Director exceptionally, whereas they raised the economic object of
contracts coming under the audit of the Companys Auditing Committee. Those
regulations and others pertaining thereto that have been incorporated into the said
article and introduced tax exemptions in favour of the companys sponsors or VAT
deduction in the case of expenses for accommodation, nourishment, transport and
entertainment, aimed, according to the preamble of the government bill, at a more
efficient and orderly function of the Company.
The regulations of article 2 had a special character as well. These regulations dealt
with the placement of outdoor advertising in the part of the city described as the area
of unification of the archaeological sites of Athens, as well as in areas and road axes
designed to host Olympic sports and Olympic events in general. The said regulations
established a special procedure of placing neon signs or plain ones to the abovementioned areas. Correspondingly, they introduced a special procedure of
designating as unlicensed and removing any advertising that does not comply with
the requirements of the said article. Paragraph 7 of the said article regulated issues
concerning the placement of signs and advertisements in areas and roads designed to
host Olympic sports and Olympic events in general. Although the above regulations
will be examined more thoroughly in Chapter 5, it should be noted at this point that
this paragraph materializes engagements of the country resulting from the Olympic
Charter and the Host City Contract of Athens. Therefore, it should be a part of those
provisions that integrated in the wider sense of the term the rules of the Olympic
Movement into the internal law.
Article 3 regulated, inter alia, the location of Olympic venues for the sports of
softball, baseball, hockey, badminton and archery at the site of the Hellinikon
Airport. It also regulated the determination of site of the roads that form the so-called
Olympic Ring Road and the overall road infrastructure that would serve the Olympic
organization (paragraphs 4 and 3 respectively).
The rest of the articles treated various issues. Some of them were additions to the
special provisions that had been introduced by Law 2730/1999 and concerned the
expropriations of land required for the carrying-out of the Olympic works (article 4),
issues relating to the security of the Olympic Games (article 5) and the personnel of
the Ministry of Culture (article 6), as well as the much-publicized regulation for the
determination of site of the Islamic Cultural Centre in Paiania, Attica (article 7).
Lastly, special reference should be made to the regulation of article 9, which
introduced special terms and building restrictions for the Athens Olympic Sports
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Complex (OAKA) at Maroussi. This regulation took measures for both the existing
sports venues and the additional buildings, which would be required for the staging
of the Olympic Games.
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. 419

After the elections of 2004, the new Government introduced the law 3254/2004 in
order to deal with some practical issues which were of urgent character. For instance,
this law dealt with matters of credence and entrance in the country of international
organization representatives, the post-Olympic utilization of the departments, the
existence of advertisements in the city during the Games, matters regarding the
personnel of the Games. Also it dealt with the entrance in the country of NATO
representatives who had some responsibilities during the Games.
The law 3342/2005 dealt with sustainable development matters and the post-Olympic
utilization of the Olympic departments.

The security of the Games

The host city contract makes the security of the Games a vital field. As regards this
matter the state should tolerate some restrictions to its sovereignty. Indeed, the
competent ministers guarantee about the security of the Games by some addition
declarations accompanying the host city contract.
Especially after the terrorist attacks in USA in 2001 and in Madrid in 2004, the
Athens Olympics seemed to be the ideal target for a terrorist attacks, which raised the
concerns about the safety of the Games.
Initially, the Greek State founded a special section of security of the Games, through
a Presidential Degree.420 Also, by the same presidential decree a special regime for
the credentials was established. This regime as well as the entire security system
which has to be consistent with the host city contract triggers questioning as regards
the role of the central state in the face of the Olympic Organization. In case that the
security was endangered during the Games, irregular measures would be taken which
would totally undermine the states sovereignty.
The law 3103/2003, article 16, regulated the matter of the Olympic
Familyscredence. This matter is also of Community interest, since it introducing
some deviations from the EU law.

419

137/22.7.2004

420

presidential decree 331/2003

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However, the matter of the security provoked many negative comments and articles
from many countries were critical towards the Greek ability to guarantee the security
of the Games. So, initially the Government proceeded to the creation of a
Coordinating Committee of the Olympic Security, which had a quite wide
competence, including the coordination of the Olympic security systems, the taking
of crucial decisions, like the intervention of the armed forces under certain
circumstances, the dealing with crisis and the evacuation of venues in case of
emergency.
Also, NATO was asked to assist in the field of security. This appeal was approved in
the NATO session in Brussels, so, NATO sent a certain number of AWACS and
ships during the Games as well a special team of experts in dealing with biochemical
terrorist attacks.421.

General Remarks
The law-producing activity that followed the execution of the Host City Contract was
considerable. In the first place, it should be noted that this activity comes within the
framework of rules laid down the Olympic Movement and took place in order to
adjust the Greek legislative reality to the requirements of the Olympic organization.
Of course, the adjustment was neither all-inclusive nor abrupt. Several rules of the
Olympic Charter were gradually adopted, specific engagements of the Host City
Contract were fulfilled and the Greek legal order was familiarized with the new
undertaking, which it is called upon to carry through.
More specifically:
a. The Organizing Committee was created, pursuant to the Host City Contract and
the Olympic Charter.
b. A special legal (adjective and substantive) status of protection of the Olympic
symbols and indicia was instituted in the internal legal order.
c. The status of protection of the Olympic Torch was sanctioned.
d. The respect of the Olympic Ideal was sanctioned and the penalties for
contravention thereof were prescribed.
e. The determination of site of the Olympic venues was regulated and special
procedures was enacted for the approval of environmental terms, the issuing of
building licenses and the necessary expropriations for the works that will be carried
out on the occasion of the Olympic Games of 2004. At the same time, broader
procedures have been initiated for the functional urban planning of Athens in view of
the staging of the 2004 Olympic Games.
f. A special organizational system was established for the carrying-out of the
Olympic Works within the state machinery. (Ministry for the Environment, Physical
421

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Planning and Public Works, General Secretariat of Sports, Hellenic Horse Racing
Organization, Workers Housing Organization).
g. The creation of a Muslim temple in Attica was regulated, as an expression of the
principles of religious tolerance emanating from the Olympic Charter.
h. Issues of environmental protection were regulated including a detailed nexus of
provisions that have even determined the image of the city, which would organize
the Olympic Games, as well as the advertisements that cover the buildings.
It is clear that through the above provisions the Greek State, apart from
corresponding to the contractual obligations (direct or indirect) vis--vis the IOC,
reflected a proper, parallel and separate plan and vision for the Olympic
organization, as a result of the States internal policy for the Olympic Games of
2004. In view of this internal plan and vision, the various provisions attached
emphasis on the national character and orientation of this legislation. Both the
Interministerial Committee and the National Olympic Committee were organizations
that aimed at this direction. The elevation of the Olympic organization to a major
national purpose reveals the perspective that prevails in the country in view of this
particular venture. In that context, the characteristics of the Greek administrative
system were repeated and the character of the Greek administration, which is
centered round the institution of the Prime Minister, was confirmed. Authorizations
incorporated into the above-mentioned laws for Cabinet Acts to be published,
confirmed the significance of collective responsibility in the Greek political system.
Furthermore, important authorizations were conferred upon the Prime Minister
himself, thus underlining his central role422.
The administrative system that is being created in view of the Olympic Games of
2004 seemed to confirm the primary role of the central State in the Olympic
organization. This is not independent from the legal nature of the Olympic Games as
a general and not as a regional affair423. Nor is it independent from the scale of the
whole endeavour, a fact that requires the involvement of the State machinery in order
to achieve the complex aims of the organization. Therefore, the limited role of the
Municipality of Athens in the Olympic organization of 2004 does not seem to
surprise, especially if we take into consideration that the overwhelming majority of
legal acts promoted in view of the Olympic Games of 2004 did not come under the
exclusive or ancillary jurisdiction of first level local government organizations, but
fell into the sphere of State affairs424.
422

It should be noted that major issues are dealt with by authorizations that refer to the
publishing of Cabinet Acts or Prime Ministerial Decisions. A characteristic example is the
status of the award of design, service and procurement contracts by the Organizing
Committee, which has been regulated by a Cabinet Act, but also the powers of the president
of the Organizing Committee, which have been regulated by Prime Ministerial decision.
423

S. below Chapter 5.

424

S. below Chapter 5.

240

An additional characteristic of the legal framework, in which the Olympic

organization of 2004 would be realized, was that Greece was entirely subjected to
Community law and that had the obligation to respect its terms. It is worth noting
that the blending of the concise Community rules (public contracts environmental
protection etc.) with those of the Olympic Movement was put to the proof for the
first time in a European country, since Barcelona, where the Olympic Games of 1992
were staged, was not bound to fully respect the Community law, being under a
privileged status due to its recent accession at that time. The Greek State chose to be
subjected to this test and stage an Olympiad that should comply with the terms and
rules of the European Union. This venture was neither easy, nor self-evident, since
the IOC, whose headquarters are in Lausanne, does not come under the law of the
European Union and the previous Olympic organizations were staged in countries
with looser public law rules that those of Greece and, hence, of Europe. From that
point of view, the case of Greece would demonstrate the feasibility of an Olympic
organization in Europe, incorporating Greece and the rules of the Olympic
Movement into the Union legal system. Therefore, the Olympic Games of 2004
would not only be the games of the city of Athens and Greece, but also the games of
Europe.

241

Chapter 11
The Olympic Games of 2012: London, the second European
experiment
Bidding process and governmental support
By the bid submission deadline of 15 July 2003, nine cities had submitted bids to
host the 2012 Olympics. These cities were Havana, Istanbul, Leipzig, London,
Madrid, Moscow, New York, Paris and Rio de Janeiro. On 18 May 2004, the
International Olympic Committee (IOC), after a technical evaluation, reduced the
number of cities to five. London, Madrid, Moscow, New York, and Paris were now
the candidates cities.
By 19 November 2004 all five candidate cities had submitted their candidate file to
the International Olympic Committee. The IOC inspection team visited the five
candidate cities during February and March 2005. The Paris bid suffered two setbacks during the IOC inspection visit: a number of strikes and demonstrations
coinciding with the visits and a report coming out that Guy Drut, one of the key
members of the Paris bid team and IOC member, would face charges over alleged
corrupt party political finances.
Nevertheless, when the International Olympic Committee released its evaluation
reports for the five candidate cities and although these reports did not contain any
scores or rankings, the evaluation report for Paris was considered to be the most
positive, now followed closely by London which had narrowed down most of the gap
observed by the initial evaluation in 2004 regarding Paris. Also New York and
Madrid obtained very positive evaluation reports. Throughout the process and up to
the vote at the 117th IOC Session, Paris was perceived as being the favourite to win
the nomination, particularly as this was its third bid in recent history.
The situation for London started to improve with the appointment of Sebastian Coe
as new head of London 2012 on 19 May 2004. In late August 2004 some reports
started emerging predicting a London and Paris tie in the 2012 bid. In the final runup to the 117th IOC Session, London and Paris appeared to be increasingly in a
neck-and-neck race.
On 6 July 2005, the final selection was announced at the Raffles City Convention
Centre in Singapore, where the 117th IOC Session was held. Here Prime Minister of
the United Kingdom Tony Blair was the only leader of the five candidate cities'
countries to make a personal lobby (he had also been the only one to attend the 2004
Olympics). Moscow was the first city to be eliminated, followed by New York and
242

Madrid. The final two cities left in contention were London and Paris. At the end of
the fourth round of voting, London won the right to host the 2012 Games with 54
votes, defeating Paris's 50. Various French publications blamed the Paris loss on
French President Jacques Chirac's statements before the vote that "We can't trust
people [the British] who have such bad food. After Finland, it's the country with the
worst food." Two current members of the International Olympic Committee are from
Finland. Several other news sources cited Bertrand Delano's complaint regarding
Tony Blair's secret late night meetings with numerous (African) IOC representatives
as having a more significant impact on final vote. When reporting London's win,
British media covered the expectant crowds in both France and England (and in the
other bid cities), and contrasted the jubilant reaction in London to the reaction of the
crowd in Paris, where many had gathered in hope of a French win. However, the
celebrations in London were overshadowed when London's transport system was
attacked less than 24 hours after the announcement.
So, London became the first city ever which will organize the Games for a third time.
It has already organized the Games of 1908 and 1948.
One of the greatest advantages of the Londons candidacy was the absolute
governmental support. Londons bid enjoyed the backing of national, regional and
local government throughout UK as well as overwhelming cross-party support.
Indeed, since the very beginning, the Prime Minister at that time Tony Blair
encouraged the British citizens to stand by the effort by saying: Winning the Games
would be good news for London and for all of the UK. I hope everyone in the
country will get behind the campaign. After attending the Athens opening ceremony
he added that he was even more enthusiastic about the London hosting of the Games.
I believe that we can build through the hosting of the Games, a lasting legacy, not
just for our country, for sport in our country and for opportunities for young people
in sport in our country, but also for the Olympic Movement.
Also, Tessa Jowell, Secretary of State for Culture, Media and Sport mentioned that:
The bid will be a huge stimulus for elite sport. But our Olympic bid will also rest on
our growing commitment to grassroots sport.
The leaders of all political parties as well as the leaders from Scotland, Wales and
Northern Ireland also stated their support.

The London Olympic Games and Para-Olympic games Act 2006

After IOC gave London the honour and the responsibility to organize the Games of
2012, London had to make sure that it would fulfill the obligations that it had under
undertaken towards the IOC. It has to be noted that in contrast to Athens 2004
Olympics which was followed by many laws, in London there is only one main law,
243

the London Olympic Games and Para-Olympic Games Act 2006, which covers all
the major issues of the Olympic Games. It sets up the Olympic Delivery Authority to
deliver public sector obligations for the Games, principally the necessary venues and
infrastructure. It also governs certain pivotal matters for the Olympics, such as
security, traffic regulation orders, road closures, advertising regulations, ticket selling
and trade. Moreover, it amends the protection of the Olympic symbol, provide by the
Olympic Symbol Protection Act. In this way, a wider and stronger protection is
provided against potent infringements as well as potent ambush marketing practices.

THE OLYMPIC DELIVERY AUTHORITY

The Olympic Delivery Authority (ODA) is the statutory corporation, responsible for
ensuring delivery of venues, infrastructure and legacy for the 2012 Summer Olympic
and Paralympic Games in London. Along with the London Organising Committee
for the Olympic Games (LOCOG), the ODA is one of the two main agencies
organising the London Olympic Games. The ODA was established by the London
Olympic Games and Paralympic Games Act 2006425 and is the responsibility of the
Department for Culture Media and Sport. The ODA is based alongside LOCOG at
One Churchill Place in Canary Wharf. According to the Act, the ODA is to have no
fewer than 7 and no more than 11 members, who are to be appointed by the Secretary
of State. The Secretary of State shall appoint one of the members as Chairman. The
Secretary of State must consult the Mayor of London before appointing the
Chairman and other Board members. American Jack Lemley, who ran the AngloFrench group that designed and built the 8bn Channel Tunnel, was appointed
Chairman of the ODA in 2005 but resigned on 18 October 2006. In May 2007,
Culture Secretary, Tessa Jowell, announced John Armitt's appointment as Chairman,
the appointment commenced on 1 September 2007, with Acting Chairman Sir Roy
McNulty resuming his post of Deputy Chairman.

General Competence
According to the Act, the ODA has quite a wide competence. 426 Those functions are
to
do
anything necessary or expedient for the purpose of:
preparing for the London Olympics,
making arrangements in preparation for or in connection with the use or
management before, during or after the Games of premises and facilities acquired,
constructed or adapted in preparation for the Games, or
ensuring that adequate arrangements are made for the provision, management and
425

s.3

426

s.4.

244

control of facilities for transport in connection with the Games.

Subsection 2 specifies the aforementioned functions. It is interesting that the ODA
has an absolute competence regarding certain functions, while limited competence in
respect of some other. Indeed, the consent of the Secretary of the State is required for
certain of the ODAs functions.
So, the functions that the ODA has an absolute competence for include accept ingor
assuming duties, rights or liabilities under contract, make arrangements for the
construction of premises and other facilitites, for carrying out works in connection
with the provision of water, electricity or gas as wellbas with conection with the
provision of highways.
With the consent of the General Secretary of State the ODA is entitled to acquire or
dispose land. It is also entitled to give financial ssistance in connection with anything
done or to be done, cooperate with persons, make arrangements for the formation of
bodies corporate or acquire interests in such bodies.427
The act makes clear as well that the ODA in exercising one of the aforementioned
functions should have regard to the desirability of maximizing the benefits to be
derived after the London Olympics from things done in preparation for them, and
contribute to achieving sustainable development. It is totally clear, therefore, that the
sustainable development is one of the fundamental requirements of the IOC in the
organizing of the Olympic Games.428
There are also provisions aiming at the protection of innocent third parties who have
suffered harm from the ODAs functions. Indeed, the ODA is to pay compensation to
any person whose land is injuriously affected by the execution of works by the
ODA.429 The Lands Tribunals will be competent to resolve any relevant dispute.430

Planning
s.5 enables the Secretary of State by order to appoint the ODA as the local planning
authority for an area specified in that order. It does so by adopting the model provided
for urban development corporations, set out in section 149 of, and Schedule 29 to,
the Local Government and Land Act 1980.

427

s.4.2.

428

s.4.3

429

s.4.4.

430

ibid

245

It is also provided that that the Mayor of London may direct the ODA to refuse an
application for planning permission in a specified case. The cases in which the
Mayor can direct refusal are set out in the Town and Country Planning (Mayor of
London) Order 2000, made under section 74 of the Town and Country Planning Act
1990.431
In discharging its functions as a local planning authority, the ODA is required to
have regard to the need to prepare properly for the 2012 Games and, in that
preparation, to seek to maximise the benefits to be derived from the preparations for
the Olympics over the longer-term. The ODA should also have regard to the existing
framework of plans, in particular any planning permissions already granted in
connection with the London Olympics, any guidance issued by the Secretary of State
and to the development plan for any area for which the ODA is made the local
planning authority.432
The Secretary of State, in making an order which revokes a previous order
establishing the ODA as a local planning authority has to specify which authority is
to become the local planning authority in place of the ODA.433
Also, the Act includes some provision to prevent conflicts of interest. Given that the
ODA will in most cases be the applicant for planning permission, the ODA's
development control powers will be exercised by a separate committee. Moreover, in
order to avoid any conflict of interests, anyone who is involved in the exercise of the
ODA's functions in relation to land may not participate in deliberations or decisions
of the ODA acting as a local planning authority in relation to that land.434

Security
According to the Act, the ODA in exercising its functions should have regard to
safety of individuals and security of property in consultation with the police435
Indeed, London will be the centre of the world in the summer of 2012, which is why
security planning is already well under way. For example, a specially-created
Olympic Command Unit of the Metropolitan Police Service will work to co-ordinate
security planning at a local, national and international level. Also, close liaison with

431

s.5.4.

432

s.5.5, London Olympic Games and Para-Olympic Games Act 1006 Explanatory notes

433

s.5.6.

434

Schedule 1 Paragraph 2

435

s.6

246

planners and architects will ensure that every structure associated with the Games
will have effective and unobtrusive security measures built-in.
The UK is an acknowledged leader in planning and implementing trouble-free
sporting events on a global scale. Based on the success of the Manchester
Commonwealth Games and participation in the planning of Sydney's security in
2000, UK experts were invited to be key members of the security task force for the
2004 Games in Athens.
Staff at the London 2012 Organising Committee and the Olympic Delivery Authority
are working closely with Government and a host of policing, safety and security
agencies to achieve a safe and secure Games. London and the rest of the UK
regularly host and police major events safely and securely. In all likelihood that
NATO assistance wil be asked for once more. However it seems that by building on
this considerable, renowned security experience, London 2012 can leave a positive
legacy.

Transfer schemes
This section allows the creation of a "transfer scheme" to transfer specified property,
rights and liabilities to the ODA simultaneously, where the Secretary of State thinks
it expedient in order to enable the ODA to carry out its functions436

Dissolution
The Secretary of State may by order make provision for the dissolution of the
Authority. Before making an order under this section the Secretary of State shall
consult the Mayor of London, and such other persons as the Secretary of State thinks
appropriate. It is very important that an orer like ths should be made by a statutory
instrument and should not be made unless a draft has been laid before the Parliament.

TRANSPORT
Section 10: Olympic Transport Plan
The ODA will be required to prepare and keep under review an Olympic Transport
Plan (OTP). The OTP will set out the transport plans for the Games and details of
how they are to be implemented. The Act requires the OTP to address a number of
matters including, for example, the construction of transport facilities, transport
arrangements to and from events, the Olympic Route Network, road closures and
restrictions and guidance on implementation of the plan. When preparing for or
436

s.8

247

revising the plan the ODA will be required to consult the bodies named on the face
of the Act and any others it think appropriate. The consultee bodies are those who
will be implementing the OTP or those whose remit may include matters to be
addressed by the OTP. The ODA will also be required to have regard to the Mayor's
transport, spatial development and economic development strategies, to ensure that
transport arrangements within London in particular are in harmony and relevant
bodies and authorities are not being asked to deliver conflicting plans. The OTP is to
be published, as long as its publication is not to undermine the security of the
Games.437
The Olympic Delivery Authority shall prepare and keep under review a plan ("the
Olympic Transport Plan") for addressing transport matters relating to the London
Olympics.438
The Olympic Route Network (ORN) will consist of roads within England that
will be used for travel to and from events venues and accommodation. The Secretary
of State will make the initial designation of the ORN and will be able to add to or
amend the ORN. The ODA will also be able to add to or amend the ORN with the
Secretary of State's consent. Designation will take the form of an order made by
statutory instrument under the negative resolution procedure, and a road may only be
designated after consultation with the relevant highway, street and traffic authorities.
If an order is made which has the effect of removing a road from the ORN, the
relevant authorities must be informed of the change.439
The ODA is also competent to co-ordinate the delivery of the transport needs of the
Games. It imposes an obligation on various authorities and bodies, all of whom will
have been consulted in the preparation of the OTP, to co-operate with the ODA for
the purpose of implementing the OTP and in particular providing or facilitating
transport services in connection with the London Olympics; this would include
reaction to situations and circumstances arising during the Games. The Mayor of
London is also obliged to have regard to the OTP and to consult the ODA in updating
his transport strategy440
The ODA can also proceed to traffic regulation orders over roads that are part of the
Olympic Route Network (ORN). The ODA may only do so with the consent of the
Secretary of State.441 The ODA may only make such an order for Olympic purposes.
In practice, this section will allow for the creation by the ODA of a unified system of
traffic regulation across the ORN, including, for example, the use of Olympic lanes
437

s.10

438

s.11

439

London Olympic Games and Para-Olympic Games Act 1006 Explanatory notes

440

s.12

441

s.14

248

(which will facilitate the travel of athletes and other accredited persons between
Olympic venues) and the imposition of parking and waiting restrictions.442 When
making a traffic regulation order, the ODA has to comply with the same procedural
requirements as Transport for London443.
Traffic authorities are also allowed to make traffic regulation orders for Olympic
purposes over any road as needed; local traffic authorities may only make traffic
regulation orders over roads which form part of the Olympic Route Network with the
consent of the ODA.444 For Olympic purposes certain restrictions that apply to traffic
regulation orders are set aside445, for example that they may not prevent access for
vehicles of any class for more than 8 in any 24 hours.
It is also provided446 that infringements of traffic regulation orders made by the ODA
over the ORN for the purposes of the Olympics will be punishable with an increased
fine (i.e. a maximum of 5,000; while the standard fine is a maximum of 1,000).
There are also special provisions about potent road closures.447
Also, the Office of Rail Regulation is given a new objective to facilitate the
provision, management and control of transport facilities related to the Olympics and
to consult the ODA as to how to do so.448

ADVERTISING-TRADING
Sections 25-30 introduce provisions which are required in order to fulfill obligations
imposed by the IOC and are embodied in the host city contract. Indeed, the IOC is
really interested in securing its rights over the Olympics. Therefore, it wants to make
sure that nobody will gain any unfair benefit from the organization, especially taking
into account that the ambush marketing practices in mega-events are on the increase.
(This is why the Act has enhanced the Olympic insignia protection).
So, under the Act, the Secretary of State is competent to make regulations about
advertising in the vicinity of Olympic venues. In particular, the Contract requires that
no advertising is placed around Olympic venues so as to be within the view of
television cameras covering, or spectators watching, Olympic events.449 It is really
442

London Olympic Games and Para-Olympic Games Act 1006 Explanatory notes

443

s.14.2

444

s.14.5

445

s.14.6

446

s.15

447

s.16

448

s.17

449

S.19

249

interesting that within the Act it is mentioned that the secretary of State, in making
these regulations will have regard to any requests or guidelines that the IOC
imposes.450 Taking in to account that the violation of these regulations can lead to
criminal conviction, we can understand the great intervention that the IOC can have
in the whole legal environment of the state.
The Secretary of State has broad discretion in the detail to be included in the
regulations. The regulations will specify the nature and extent of these restrictions
including the place, time period and type of advertisements to which the restrictions
will apply. Also, they can apply in advertising of any form including in particular the
distribution of documents and articles, the display or projection of works, images,
lights or sounds and things done with or in relation to material which has or may
have purposes or uses other than as an advertisement.451 However, it is provided that
they will only apply for a period which the Secretary of State considers necessary to
comply with the Host City Contract.452
The regulations may apply restrictions for different periods and in a different way for
different venues. This will enable the characteristics of different venues and different
events to be taken into account. For instance, the intention is to restrict advertising
around football venues for a limited period as some of those venues will only be used
for a very short space of time.453 Also, there are other events as well which are going
to be held in a specific place for a specific period. So, after the end of these events,
there is no need for the prohibitions to keep being in force. The regulations will also
include exceptions.
Controlled advertising within the vicinity of Olympic venues can be allowed under
certain circumstances. Regulations will allow the Secretary of State to authorize a
"responsible body" such as the ODA or London Organizing Committee of the
Olympic Games ("LOCOG"), to undertake advertising (subject to any conditions
contained in the regulations), and that responsible body will, in turn, be able to grant
subsequent authorizations to other advertisers.454
It is also provided that the regulations may impose obligations on those who
advertise or those who benefit from unauthorized advertising. Regulations may also
impose duties on the owners and occupiers of land to ensure that unauthorized
advertising - as specified in regulations - does not occur on their land. It allows for
these regulations to supersede any previous permission for the use of that land, for

450

S.19.2.b

451

S.19.5

452

S.19.6

453

London Olympic Games and Para-Olympic Games Act 1006 Explanatory notes

454

S.19.7

250

example permissions granted by local planning authorities under the Town and
Country Planning Act (1990).455
It should be underlined that the regulations may disapply existing legislation about
the control of advertising and that the regulations should be subject to the affirmative
resolution procedure in Parliament.456
The importance of the compliance to these regulations in perceived to be so
important, that any violation is accompanied by criminal sanctions.457 Indeed, a
criminal offence is created in case of contravention of the aforementioned regulations,
punishable by a fine. Indeed, in the Magistrates' Courts the maximum fine will be
20,000, although this amount of money is quite higher than the maximum fine
which Magistrates can normally impose. This is because the offence is considered to
be highly lucrative during Games time and is more likely to be committed by
corporate bodies.458
Beyond the fine, it is provided that a constable, or an enforcement officer designated
by the ODA will be entitled to enter land or premises in order to prevent or stop
unauthorized advertising. Officers will be able to seize items used to breach the
regulations in order to stop contraventions or if necessary for evidential purposes. It
sould be also mentioned that the Secretary of State is to make regulations for a
compensation scheme for any damage caused by any enforcement activity. However,
a person responsible for a contravention of the regulations will not be entitled to
compensation.459
As far as the ODA is concerned, it is required to inform those people likely to be
affected by the regulations about the effect of the regulations provide assistance to
persons so that they can comply with the regulations.460
Quite the same is the provisions of the Act about trading.461 According to the Act the
secretary of State shall introduce regulations about trading in the vicinity of the
London 2012 Olympic games. The IOC again has a great power over these
regulations, since it is clearly mentioned once more that the secretary of State in
making these regulations shall aim to secure compliance with obligations imposed by
the host city contract and shall also have regard to any requests or guidance from the
IOC.462 The regulations should be very specific. Indeed, they should specify the place
455

S.19.8

456

S.20

457

S.21

458

London Olympic Games and Para-Olympic Games Act 2006 Explanatory notes

459

S.22

460

S.23

461

s.25-30

462

s.25.2

251

where the regulations are to apply, the nature of trading that they concern, the time
period and the potent exceptions.463 Regulations may apply during different periods
in respect of different places. The restrictions in the regulations may apply to trading
on a highway, in a public place, and to trading on private land but not to trading
within buildings (except car parks).464 The regulations will allow the ODA to
authorize trading within the vicinity of Olympic venues. The ODA will be able to
delegate the function of granting authorizations. This ability to delegate is required
since ODA may count on the expertise of local authorities that already license street
trading in their areas. The regulations will also comprise provision about the
circumstances in which such authorizations may or may not be granted. For example,
the regulations may provide that the ODA is restricted to granting authorizations in
relation to areas or types of trading already permitted by the relevant local authority.
An authorization may itself be subject to terms and conditions about the times of
trading or steps to be taken to reduce congestion, litter or noise. Such terms and
conditions may differ from, or be more onerous than, those of existing trading
licenses for the same area.465
Section 26 sets out in more detail what restrictions and flexibilities will
apply to regulations made under section 25. In particular, the regulations may
disapply existing legislation in relation to street trading (including legislation about
markets) and exceptions to the application of the regulations may be provided. The
Secretary of State is also required to consult the authorities which are responsible for
licensing relevant trading, the ODA, LOCOG and persons representing interests
likely to be affected by the regulations, before introducing the regulations.
It is very important that according to the Act these regulations will prevail over any
other trading license granted before or after the regulations are made, including rights
granted under enactments.466
Just like the advertizing regulations, any violation of the aforementioned regulations
will be a criminal offence, punishable by a fine.467 Also, a constable, or enforcement
officer designated by the ODA, will have the power to enter premises on which they
reasonably believe a contravention of the regulations is occurring.468
The ODA is required to inform those people likely to be affected by regulations
about the effect of the regulations. It may also provide people with any assistance
they need to comply with the regulations and must work with people affected by the

463

s.25.3

464

s.25.4

465

London Olympic Games and Para-Olympic Games Act 1006 Explanatory notes

466

S.26.4

467

s.27

468

s.28

252

regulations to identify alternative ways or places to trade. The ODA is also required
to
publish
a
strategy
for
how they intend to publicize the nature of regulations, to grant authorizations and to
exercise enforcement powers. That strategy is to be approved by the Secretary of
State before publication.469

Sale of Tickets
Given the numerous attempts of touting tickets in the last Olympic organizations, the
LOGPG Act includes a provision about the sale of tickets, making a criminal offence
and unauthorized sale of tickets. Section 31 about the selling of tickets is based on
section 166 of the Criminal Justice and Public Order Act 1994 which deals with
ticket touting primarily in relation to tickets for football matches. It creates a criminal
offence of touting tickets for the 2012 Olympic Games.470
According to the Act Olympic ticket is considered to be anything which is or
purports to be a ticket for one or more London Olympic events. A reference to
selling a ticket includes a reference to offering to sell a ticket, exposing a ticket for
sale, advertising that a ticket is available for purchase, and giving, or offering to give,
a ticket to a person who pays or agrees to pay for some other goods or services.471
So, according to the Act, It will be an offence to sell a ticket (or anything that
purports to be a ticket) for an event held as part of the London Olympics or
Paralympics in a public place or in the course of a business without the written
authorization of LOCOG.472 If convicted of such an offence, a person would be liable
to a fine up to level 5 on the standard scale (currently 5,000). There is also a
presumption provided that a person shall be treated as acting in the course of a
business if he does anything as a result of which he/she makes a profit or aims to
make a profit.473
Also, it has to be noted that the reference to an event held as part of the London
Olympics includes non-sporting events and pre-Olympic test events.
There is a defense provided for internet and other electronic communication service
providers of being accessories to a ticket touting offence where they play an
unwitting or unknowing role. However, once they become aware that their services

469

s.29

470

London Olympic Games and Para-Olympic Games Act 1006 Explanatory notes

471

s.31.2.a,b

472

s.31.1

473

s.31.2.c

253

are being used for touting tickets contrary to subsection (1), the service provider
must withdraw those services in the shortest reasonable time.474
LOCOG is required to establish a system for granting written authorizations to
official ticket sellers. It will be allowed to charge for such authorizations and will be
entitled to exercise unfettered discretion in deciding whether or not to authorize
vendors.475
Olympic symbol protection and fight against ambush marketing

Given that ambush marketing476 is one of the greatest problems that the Olympics have to
face, as part of the bid to host the Olympic Games, the UK Government guaranteed to
enact legislation to enhance protection of the Olympic and Paralympic marks and to
introduce legislation against ambush marketing, if London won. The IOC's Host City
Contract, signed after London did win the right to host to Games, also required such
legislation.
Even though the UK has never signed the International Treaty of Nairobi, 1981,
about the protection of the Olympic symbol, there was legislation for its protection.
The Olympic Symbol etc (Protection) Act 1995 (the OSPA) has for the last decade
provided the British Olympic Association with a useful weapon in its fight to protect
the Olympic insignia. The Olympic symbol as well as certain Olympic words such as
Olympic and Olymiad were protected. However, there was no sufficient
protection granted against ambush marketing.477
More specifically, The Olympic Symbol etc (Protection) Act 1995 specifically
protects the Olympic symbol, the Olympic motto Citius, Altius, Fortius and the
words Olympic(s) , Olympian(s) and Olympiad(s) . This Act gives the
Olympics additional protection beyond the United Kingdom's traditional intellectual
property rights regime, and the British Olympic Association ( BOA ) is renowned
for actively asserting its rights under this Act and associated secondary legislation.478
Also, the 1995 Act makes it an offence to reproduce, without authorisation, the
Olympic symbol, the Olympic motto, or a protected word, and grants the exclusive
rights in these to the BOA (the Olympic association right ). The Act does,
474

s.31.4,5
s.31.11, Padley H., Legislative Comment, London 2012 five years and counting, in
International Sports Law Review 2007
475

Ambush marketing is commonly defined as the unauthorised association by businesses

of their names, brands, products or services with a sports event or competition through any
one or more of a wide range of marketing activities.
476

477

The London Olympics Bill-Update, Couchman/Harrington Associates,

www.couchmanharrington.com, 6.2.2006
478

Blakely Anne-Marie, London Olympic Games and Paralympic Games Act 2006 - less
presumptive than the London Olympics Bill, Entertainment Law Review 2006

254

however, allow the use of the protected words, symbol and motto to create an
association with the Olympics, if this is done in accordance with honest practices in
industrial or commercial matters. This exemption could, in the past, have provided a
loophole for third parties who use the protected words, but only if such use is in good
faith, and it is unlikely that ambush marketers will be able to show this. 479
Of course the general UK legislation about Intellectual Property could under certain
circumstances work for ambush marketing. Indeed, due to the luck of specific
legislation, up to now, event organisers and their official sponsors have had to seek
redress through the more traditional forms of intellectual property protection,
claiming passing off, trade mark infringement and copyright infringement. In
addition to the various names of the event itself, official event logos, mascots and
catchphrases may also be capable of protection under trade mark and copyright law.
Normally, official sponsors of events will oblige the organisers to take such action,
as the relevant intellectual property rights will usually vest in them.480
Among the traditional IP legislation, the most effective way to deal with ambush
marketing seems to be the tort of passing off.481 It consists essentially of one trader
passing off his goods or services as those of the claimant. This tort which was
formed by the case law482 aims at protecting the good will. According to the case law
there are five elements required for a successful action of passing off:483 a)a
mispresentation b)made by a trader in course of trade c)to prospective customers of
his or to ultimate customers of goods or services supplied by him d) which is
calculated to injure the business or good-will of another trader (in the sense that it is
a reasonably foreseeable consequence) e)this causes actual damage to a business or
goodwill of the trader by whom an action is or will be brought. Later the case law484
limited the criteria to three: a)the claimant must be able to demonstrate goodwill b)
there must be a misrepresentation as to the goods or the services offered by the
defendant c) actual or likely damage.
Prima facie this tort could provide some protection against ambush marketing in the
UK. However, there are some serious disadvantages that prevent it from being
considered to be an adequate protection. First of all, in order to establish passing off,
a rights holder must show that there has been a misrepresentation causing confusion
to the public and resulting in a loss or damage to the goodwill of the event. This is
479

Ibid

480

Ibid

481

Hoek J., Gendall P., Ambush Marketing, More than a Commercial Irritant, in
Entertainment Law, Vol.1, No.2, Summer 2002, pp.72-91
482

IRC v Muller & Cos Margarine Ltd (1901) AC 217

483

Ervin Warnick BV and Another v I Townend & Sons (Hull) Ltd and Another (Advocaat)
(1980)
484

Reckitt & Colman Products Ltd v Borden Inc and Others (1990)

255

extremely difficult, not to mention impossible, to prove unless an association is

clearly made.
Protection under trademark485 could also under some circumstances provide some
protection, especially taking into account that in this case the rightsholder merely has
to prove confusion or the likelihood of confusion. However, the trade mark
protection is quite narrow, while the ambush marketing strategies are so wide that
can slip the trade mark protection. Besides, proceedings like this are quite timeconsuming, while ambush marketing during the Olympics should be stopped at once.
The law of trespass could be also invoked in the UK for combating ambush
marketing but once again it cannot guarantee the immediate results required.486
Besides, as Padley notes, infringement of Olympic intellectual property falls into two
main categories: (1) direct use of an Olympic mark; or (2) indirect use, when an
unauthorised association with the Games is suggested to the public but no intellectual
property is infringed. The first could be in general easily dealt with, as trade mark
registrations protect registered words, symbols or logos, as well as copyright and
registered design right protection being available. The second form of infringement,
unauthorised association, requires specific legislation though.487
Therefore, the UK had to introduce new legislation in order to comply with the IOC
requirements for sufficient dealing with ambush marketing. Also, such legislation
was vital to ensure that the value of the sponsorship packages was not reduced as a
consequence of it not being able to give full assurances to sponsors that their
association will be unique and not undermined.
Initially, the London Olympic Games Bill was recommended. The Bill intended to
amend the Olympic Symbol etc. (Protection) Act 1995 by creating the Olympic
association right, which aimed at a really harsh protection of the Olympic symbol,
motto ( Citius, altius, fortius ) and other words relating to the Olympics as well as
constitution a huge weapon against ambush marketing. The Bill was increasing
protection for the Olympic words, symbols and motto, was clarifying exceptions and
was also creating a Paralympic association right. The Bill was later transformed into
the LOGPG Act, which also comprised the aforementioned provisions, offering an
increased protection towards the Olympic symbols and against ambush marketing
but by less rigid provisions.
So, Schedule 4 of the LOGPG Act creates a specific event association right in
relation to the 2012 London Olympic and Paralympic Games. It seeks to prevent
those who use innovative ways of making an association with the Games (that is,
who create an association with the Games without using specific words or symbols
485

Trade Marks Act 1994

486

Gardiner et al, Sports Law, Cavendish Publishing, Sydney-London 2005, p.460

487

Padley H., Legislative Comment, London 2012 five years and counting, in International
Sports Law Review 2007

256

protected under trademark or under the Olympic Symbol etc. (Protection) Act) from
doing so. The Act extends the infringement of the Olympic association right to words
that are similar to the protected words in the 1995 Act and which create in the
public's mind an association with the Olympic Games or the Olympic movement.
Initially, the London Olympics Bill set out a number of words such as games, Two
Thousand and Twelve, 2012, twenty twelve, which if used in combination with
any of gold, silver, bronze will give rise to a presumption of infrigemenent of
the London Olympic Games association right.488 This provision, though, provoked
the rage of many people and advertizing circles and mainly of the Institute of
Practitioners in Advertising and the Advertisers Association. Eventually, the
LOGPGA removed the presumption of infringement and replaced it with a less
draconian, if less clear, direction to the courts to take these words and phrases into
account when assessing infringement.489 Therefore the scope of the right is quite
wide.
The general exception under the 1995 Act is made narrower, to permit use of the
Olympic symbol, motto or words only in the course of publishing or broadcasting a
report of an event which forms part of the Games; as an incidental inclusion in a
literary or artistic work, sound recording, film or broadcast; or in the course of
advertising any of these. However, these exceptions do not apply to advertising
material which is published or broadcast at the same time as, or in connection with, a
report or information about the Games.490 It has to be stated, though, that the Act in
comparison to the Bill has to a degree relaxed the exemption from infringement for
reporting on the Games.491
The term association is also very widely defined. It covers any commercial or
contractual, or corporate or financial (e.g. sponsorship), link between a person,
product or service and the Games.492 However, an association will not be suggested
by a statement which is made in accordance with honest commercial practices or
which does not make promotional or other commercial use of a protected word by
incorporating it in a context to which the Olympic Games and the Olympic
movement are substantively irrelevant. The Act provides the Secretary of State with

488

Montagnon R., Smith J., Legislative Comment, Intellectual Property: The London
Olympics Bill, in European Intellectual Property Review, 2006
489

Blakely Anne-Marie, London Olympic Games and Paralympic Games Act 2006 - less
presumptive than the London Olympics Bill, Entertainment Law Review 2006
490

Blakely Anne-Marie, London Olympic Games and Paralympic Games Act 2006 - less
presumptive than the London Olympics Bill, Entertainment Law Review 2006
491

Dore Pauline, Running Rings Around the Olympics, in Entairtenment Law Review, 2006

492

Padley H., Legislative Comment, London 2012 five years and counting, in International
Sports Law Review 2007

257

a power to further clarify the concept of association by order.493

It has to be noted as well that a Paraolympic association right is also created which
grants an equivalent protection for the Para-Olympic Games.
The LOAR came into force on March 30, 2006 and will stay in force until December
31, 2012. As has been already mentioned, it prevents anyone creating an
unauthorised association in the years running up to the Games and for a short period
following the end of the Games.
The LOAR has been criticised for being too restrictive for unofficial sponsors and
advertisers. However, the LOAR does not stop individuals or organisations from
advertising their goods or services in accordance with honest commercial practices,
or from truthfully describing their goods or services. LOCOG suggests that the
following examples, despite using a combination of listed words, would not infringe
the LOAR: The Tower of London Gold Jewels Exhibition 2012 or a toy shop
advertising a Massive Summer Sale--Games, Toys, Gadgets , as there is no actual
association.494

Greater London Olympic Authority

According to the Act, the Greater London Authority (GLA) will also play a part in
delivering the 2012 Olympic Games. The GLA is given the power to do anything for
the purpose of complying with the obligations which are placed on the Mayor of
London in the Host City Contract (whether before, during or after the London
Olympics), or to prepare for and manage the London Olympics.495
Indeed, the GLA is competent to496:

arrange for the construction, improvement or adaptation of premises or facilities,

arrange for the provision of services,
undertake works,
acquire land or other property,

493

Blakely Anne-Marie, London Olympic Games and Paralympic Games Act 2006 - less
presumptive than the London Olympics Bill, Entertainment Law Review 2006,
Harris/Schmitz/OHare, Ambush Marketing and London 2012:A Golden Opportunity for
Advertizing or not? In Entertainment Law Review 2009
494

Ibid

495

s.34

496

s.34.2

258

 enter into agreements,

act jointly or co-operate with any other person,
give financial and other support to others for activity connected with the London
Olympics,
take action in respect of places outside London.
In exercising this power, the GLA shall consult and cooperate with the Secretary of
State, the British Olympic Association, the LOCOG, and anyone else with experience
or knowledge which might be useful in relation to preparing for or managing the
London Olympics.497
When undertaking actions to deliver the Olympic Games, the GLA must consider
how best to maximise the benefits to be derived from the preparations for the London
Olympics once the Games are over.498
Under certain circumstances the GLA may delegate its powers to the London
Development Agency. The Secretary of State's consent is still required, though, for
certain activities.499
Also, the Act underlines that when giving financial support to others for activity
connected with the London Olympics, the GLA may do so on specific terms or
conditions, in particular as regards the payment of interest. Moreover, the GLA is
given the power to accept contributions towards expenditure in connection with the
Olympic Games.500
After the end of the London Olympics, the Secretary of State may, after having
consulted the Mayor of London, make an order to repeal the powers provided by
section 34. This order would be subject to the negative resolution procedure. This
order may make incidental, supplementary, consequential or transitional provisions or
savings as regards the cessation of the powers. Also, it can provide for the transfer of
property, rights or liabilities, and make provision regarding management, control or
treatment of anything constructed or done under the GLA's powers to prepare for and
stage the Games. The provisions could be of a specific or general nature, and
different provisions can be made for different cases or purposes.501

497

s.34.3

498

s.34.4

499

s.34.5

500

s.34 supplementar 1,2

501

s.34 supplementar 4, London Olympic Games and Para-Olympic Games Act 1006
Explanatory notes

259

Regional Development Agencies

The regional development agencies are also supposed to contribute to the
organization of the Olympic Games. However, the Act mentions quite clearly that
they will only take action after the request of the ODA.502
Also, according to the Act the purchase of land by a regional development agency
will by subject to a special regime. No other Act shall prevent or restrict the use of a
common, open space or allotment for construction, works or any other purpose,
although the usual requirements for planning permission will still apply.
It will be, also, permitted to compulsorily purchase Crown land or any interest in
Crown land.
These provisions shall apply regardless of whether the purchase is made under the
specific Olympic purpose provided by section 36 or not, and irrespective of whether
the purchase had any other purpose.503
After the end of the London Olympics, the Secretary of State may make an order to repeal
the powers provided by this section. This order would be subject to a negative
resolution procedure.504

Extent and application

Section 41 sets out the territorial extent and application of the Act. The Act extends
to the whole of the UK except for section about Planning, street lighting and
cleaning), the one about transport as well as the ones relating to the Greater London
Authority, which extend to England and Wales only, although they will only have
territorial application to England. Section 36 (Regional development agencies)
amends the Regional Development Agencies Act 1998, which extends to England and
Wales only, and makes provision in relation to the purchase of land by regional
development agencies established under the Act. The Act confers some regulation
and order-making functions on the National Assembly for Wales in relation to
advertising and trading restrictions as they are to be applied to venues in Wales which
will stage Games events. Section 31 (sale of tickets) is to apply in respect of anything
done in the United Kingdom or elsewhere. This is of vital importance since it means
that a person may commit the offence of ticket touting outside the UK, for instance
via the internet.505

502

s.36.1, 2

503

S.36.3

504

S.36.4

505

London Olympic Games and Para-Olympic Games Act 1006 Explanatory notes

260

Sustainability

London 2012 will be based on a strong sense of the concept of sustainability - a

concept which is the essence of delivering a lasting legacy, benefiting sport, the
environment and the local and global community.
The Olympic Park will be a showcase for the world's greatest athletes and for the
spectators from every nation who will cheer them on but also for the environment
and local communities The 500-acre site will be transformed from being one of the
most under-developed in the country to one with restored natural ecology and new
infrastructure providing the setting for sustainable communities.
London 2012 will be a Games which aims to deliver on environmental objectives and
carbon use, biodiversity and waste.
Other sustainability benefits will be realised through the emphasis on accessibility
and inclusion, creating job and training opportunities for disadvantaged people and
engaging local people in the planning of the Games and legacy facilities.
The community regeneration inspired by London 2012 will provide a springboard for
reducing health inequalities in east London and for encouraging people across the
country to take up sport and develop active, healthy lifestyles.
London put sustainability at the heart of its bid for the 2012 Games, framed by the
concept of Towards a One Planet 2012'. This was derived from the
WWF/BioRegional concept of One Planet Living , which shows the challenges
facing UK in stark terms: if everybody in the world lived the same lifestyle as people
do in the UK, w three planets worth of resources to support us would be required.
This idea forms the basis of plans for sustainable development in the UK and, more
broadly, the way in which Games could be used to highlight global issues such as
climate change.
London 2012 and the London 2012 stakeholders share a commitment to maximise
sustainability through the phases of the Games building the venues and
infrastructure, staging the Games themselves and then long into the future focusing
on five key areas:

combating climate change;

reducing waste;
enhancing biodiversity;
promoting inclusion; and
encouraging healthy living.
261

Also, it is important that an independent scrutiny body - Commission for a

Sustainable London 2012 - has been set up to monitor the results of the London
sustainability programme.
High levels of air pollution in London have forced the government to seek an urgent
meeting with the mayor, Boris Johnson, to avoid the risk of unlimited fines from
Europe.
The air quality minister, Jonathan Shaw, has written to the mayor offering the
expertise of officials at the Department for Environment. The letter, written last
month and obtained under freedom of information laws, says that Britain plans to ask
for an extension until June 2011 to meet its legal requirements.
Britain has been breaking EU air quality laws on particulate pollution for three years
and in July the EU demanded a detailed plan of how it will comply.
In addition, the new EU air quality directive will force the UK to reduce nitrogen
dioxide pollution on some of the capital's busiest streets by more than a third by the
end of 2009, in order to move towards World Health Organisation guidelines. If air
quality improvements are not achieved quickly, the UK could be taken to the
European court. The court has powers to impose unlimited fines.
Air pollution in big cities is worsening as motorists switch from petrol to diesel to
save fuel. Particulate pollution from diesel engines is linked to respiratory and
cardiovascular diseases and asthma. Air pollution causes an estimated 32,000
premature deaths a year in Britain and between 157,000 and 319,000 people in
London are exposed to nitrogen dioxide levels above EU limits, the government
says"The government has been aware of the problem since 1999 but has taken no
action," said Simon Birkett, who chairs the Campaign for Clean Air in London.
"These obligations can only be met if long overdue action is taken now."
However, the government is in difficult political territory because taking such action
will depend on Conservative party cooperation and the backing of Johnson, who in
the three months since he was elected has threatened to ditch several measures that
have improved air quality, including the western extension of the congestion charge
and twice yearly taxi checks.
In addition, he is backing the expansion of London City airport and considering a
road bridge over the Thames in east London, both of which would worsen pollution
in the capital.
It is expected that London will have to introduce additional low emission zones with
tighter standards than the existing zone, which covers only large vehicles, and could
also demand that vehicles fit pollution abatement equipment.
262

It will also be challenging for the government to meet the EU target for nitrogen
dioxide. Average annual concentrations in parts of central London are more than
double the standard set in 1999, which became law earlier this year and requires
compliance within 16 months.
The mayor's office said he was fully committed to working with the government. "He
is also working, through Transport for London, to cut emissions from transport
through a shift to walking and cycling and the use of new technology. He has
committed 1m for the development of less polluting taxis, while by 2012 all new
buses on the streets will have lower emission hybrid engines."

263

Volunteering
A very encouraging element of the Olympic Games is the priceless contribution of
volunteers. Indeed, during the Olympics of the last decade the participation of
volunteers was quite remarkable. Being committed to the values of Olympism and
unlike the contemporary high commercialization of sports they offered selflessly
their services to this institution,
The same situation is expected to happen in the London 2012 Olympics. It is
altogether certain that thousand volunteers will contribute to the organization of the
Olympics. This is indicated by the massive participation of volunteers in the 2002
Commonwealth Games in Manchester. However, the selfless character of the
volunteers offer creates some problems as regards their employment status.
In the UK, organisations using volunteers are keen for employment law to recognise
the difference between employees and volunteers. However, if a volunteer can
demonstrate that they are working under a contract--either for employment (in order
to claim unfair dismissal), or for personal service (in order to claim discrimination),
they will be able to bring a claim in the employment tribunal.
In the 1990's two volunteers successfully argued in court that they were employees in
relation to the services provided (see Armitage v Relate in 1994 and Chowdri v
Migrant Advisory Service in 1997506). In 2000 the case of Murray v Newham CAB
(reported 2001)507 was brought before the Employment Appeal Tribunal. The
difference with this case was that unlike the cases in the 1990s which revolved
around unusual circumstances, the volunteer relationship with Mr Murray was the
standard relationship many voluntary organisations have with volunteers. It was
therefore of great concern when it was held that there was a contractual relationship
and Mr Murray was therefore able to bring a claim for disability discrimination.
Happily, the EAT have recently reconsidered this question in the case of South East
Sheffield CAB v Grayson (decided in 2003 and reported in 2004)508 Again, the
question was whether the volunteer was an employee under the Disability
Discrimination Act 1995. On appeal the EAT gave an emphatic judgement, making it
clear that volunteers would not ordinarily work under a contract, as there is no
intention to create a legal relationship on the part of the charity, and no contractual
obligation to carry out work was imposed upon the volunteer. The fact that a
volunteer might reclaim expenses did not affect this position509.
Although organisations using volunteers should feel relieved, they will need to
506

Armitage v Relate IT Case No.43538/94 ET; Chaudri v Migrant Advisory Service IT Case
No.2201678/96 ET
507

Murray v Newham CAB [2001] I.C.R. 708

508

South East Sheffield Citizen's Advice Bureau v Grayson [2004] I.R.L.R. 353

509

Moss A., The Olympics, The Celebration of Sports and the Rule of Law, in Entertainment
law Review., 2004

264

ensure that they follow some basic rules to make sure that they are not inadvertently
creating an employment relationship with volunteers. These include:
Ensuring volunteers are only paid actual expenses.
Ensuring there is no requirement for volunteers to work a given number of hours.
Whilst they can be asked to do so there should be no sanction for failure.
Any training given should be job specific rather than a freestanding benefit and
again, volunteers should be asked to attend, but not required to do so.
If there is a written agreement with volunteers, it should refer to expectations
and hope rather than obligation and commitments .
Volunteers should not be subject to the same disciplinary procedures as employees
as this would imply an employment relationship. There should if necessary be
separate procedures.510

Compulsory purchase and consistency with the ECHR

During the preparation of the Olympic village and other Olympic sites and even prior
to confirmation that London would host the London 2012 Olympics, the secretary of
State proceeded to several compulsory purchases. In many cases, there were
individuals hurt by the decisions of the purchase, who challenged them. Their
challenge was based on the grounds that the Acquisition of Land Act 1981, under
which the purchase was ordered, was a disproportionate interference with the rights
under the European Convention on Human Rights 1950 Art.8 since either there was
not such an urgent need that justified the secretary of state's refusal to delay the order
under s.13C 511 or it was not the less intrusive interference with the landowners
rights.512 It was held that the secretary of state's decision to confirm the order was a
justified and proportionate measure taking into account the full extent of C's rights
under Art.8 of the Convention.513 Also, it was held that despite the fact that the
interference with their Art.8 rights was clearly a substantial one, the importance of
the Olympics and its legacy was overwhelming and therefore the purchase was
judged legitimate.514

510

Ibid

511

Sole v Secretary of State for Trade and Industry, [2007] EWHC 1527 (Admin); (2007)
104(24) L.S.G. 28; (2007) 151 S.J.L.B. 746; Official Transcript
512

Smith v Secretary of State for Trade and Industry, [2007] EWHC 1013 (Admin);
[2008] 1 W.L.R. 394; [2007] N.P.C. 56; Official Transcript
513

Smith v Secretary of State for Trade and Industry, [2007] EWHC 1013 (Admin);
[2008] 1 W.L.R. 394; [2007] N.P.C. 56; Official Transcript
514

Sole v Secretary of State for Trade and Industry, [2007] EWHC 1527 (Admin); (2007)
104(24) L.S.G. 28; (2007) 151 S.J.L.B. 746; Official Transcript

265

Final Remarks
In 2012 in London the second European experiment will take place. It will be the
second time that the Olympics will be held within the EU territory under the absolute
application of the EC law. Unlike Athens, UK government has limitted itslef to
introducing only one law Act, which comprises all the major areas that should be
regulated.
So, the UK, by introducing this analytical and concise Act tried to regulate all the
major issues related to the London Olympics as well as to comply with the
obligations deriving from the host city contract..
The main measures of the Act involve the establishment of the Olympic Delivery
Authority, its powers, duties and functions, the delivery of transport needs for the
Games, including the necessary preparations in the lead up to 2012, controls of
marketing in connection with the Olympic Games, including the protection of
Olympic intellectual property, restrictions on commercial association with the
Games, the prohibition of street trading and outdoor advertising in the vicinity of
Olympic venues and of ticket touting in connection with Olympic events, the power
of the Mayor of London to prepare for and stage the Olympic Games and the
amendment of the purposes of regional development agencies to include the purpose
of preparing for the London Olympics.
Definitely, emphasis should be attached to the introduction of the Olympic and
Paralympic association right, which is expected to fight effectively any potent
ambush marketing tactics. Also, the trade and ticket-selling provisions seem to
establish an effective framework against usual tactics which harm the Olympics and
indirectly against ambush marketing as well. This is quite logical taking into account
not only the undertaken obligations towards the IOC but also the great importance
that sponsorship contracts represent for the Olympic organization and the vital need
to safeguard the sponsors rights.515 The Institute of Practitioners in Advertising
(IPA) and the Advertisers Association (AA) in particular claim that existing UK law
offers sufficient protection to sponsors and any stricter controls are not required. Its
protest and its reasonable claim that the provisions were inproportionate as regards
the freedom of expression516, removed from the final form of the Act the
presumption of infringement that the Olympic Bill included. Despite that
515

an exclusive global sponsorship package of the Olympics costs around US $50 million and
the sponsor will have to pay four times that amount to make that work, Gardiner et al, Sports
Law, Cavendish Publishing, Sydney-London, 2005, p.459
516
ECHR article 10

266

amendment, though, the current legislation still seems to be quite complete and
intricate. However, although all the previous organizing states, since Sydney 2000,
had also introduced specific legislation against ambush marketing, ambush
marketing incidents were more or less always there.517 It will be quite interesting
how Courts will interpret the wording of the Act.
There are other fields that attract the worlds interest as well. For instance, the
security is always a matter that worries all the parties getting involved in the games
as well as all the population of the UK. England seems to have taken the best
possible measures in this area. Also, concerns have been indicated as regard the
ability of London to satisfy its commitments as regard the decrease of the pollution
and the sustainability.
Probably, all we need to do is wait until July, 2012, to assess the effectiveness of
these provisions.

517

more analytically in the next chapter

267

Chapter 12

SPECIAL ISSUES-OLYMPICS, IP PROTECTION AND AMBUSH

MARKETING

PROTECTION OF THE OLYMPIC INSIGNIA-AMBUSH MARKETING

GENERAL
Olympic Games is now the greatest and most popular show on earth. Indeed, not
only do the Olympics attract the attention of billion of people, but also they are
probably the most profitable celebration of the world.
Barron Pier de Coubertin, since the very beginning of the revival of the Games,
foreseeing the great commercial value that the Olympics could represent as well as
hoping that the Olympics could also acquire some ethical values, created the
Olympic symbol. The Olympic symbol of five interlocking rings was designed by
Coubertin in 1913. He took his inspiration from the symbol of the Union des Socits
Franaises de Sports Athltiques at the time which was two simple interlocked rings.
The symbol of interlocking blue, black, red, yellow and green rings on a white
background was officially unveiled on 50 flags greeting those attending at the 1914
Olympic congress in Paris. Coubertin explained that the five rings represented the
five parts of the world won over to Olympism and that at least one of the five colors
was found in the national flag of each nation that had taken part in the Olympic
Games by 1912.
Soon, the Olympic symbol became famous, just like the Olympic motto citius,
altius, fortius and the words Olympic, Olympic Games or Olympiad
themselves.
This is why anything which is directly or indirectly connected with Olympics
acquired a great value. Almost every single person of the world has a t-shirt or a hut
with the Olympic symbol. Also, many products have been rendered indelible on any
memory as being the official sponsors of the Olympic Games. In fact the IOC had
created a very complicated sponsorship program for each Olympic Games, since
there are always many aspiring sponsors. The IOC, in order to protect its interests,
has tried to make sure that all its rights are well protected. This interest of the IOC
became quite intense after the recent extended violations of the Olympic insignia and
the Olympic sponsoring program, mainly, through the practice of ambush marketing.

The commercialization of the Games and the early violations.

268

At the beginning of the revival of the Games, modern Olympics seemed to aim
primarily at celebrating physical culture, promoting international understanding and
inspiring people to reach higher and further while growing stronger in mind and
body. It has to be pointed out that the participants should be strictly amateurs. No
professional athlete was accepted.
However, IOC and Coubertin himself was quite concerned about the coverage of the
great cost that the Games represented. George Averoff who donated $390,000
combined with the issuance by the Greek government of the first series of
commemorative stamps of the Olympic Games, provided the funds necessary to the
success of the Games.518
Probably, the one who started the excessive commercialization of the Olympics was
Coubertin himself, even though probably this was none of his intentions. Many years
before creating the Olympic symbol, in 1902 Coubertin persuaded Benedictine
Brandy to take a full-page advertisement in the 1902 October issue of the Olympic
Review to help cover costs. The coverage of the cost was his main intention.
Since the early years, though, it was obvious to both simple people as well as
businessmen that the institution of the Olympics involved huge amounts of money.
The great appeal that they had could lead to a great commercial benefit. This led to
an excessive usage of the title Olympic Games by unauthorized parties. IOC trying
to protect the title established guidelines in 1913 under which the title Olympic
Games could only be used in connection with the IOCs Olympic Games and the
intermediate Athens Games taking place between the Games of the third and fourth
Olympiad.
In 1913 Coubertin created the Olympic symbol, which proved to be quite appealing
to the worlds population, since it represented values, such as the world peace and
understanding.
As the time went by the Games were getting more and more commercialized. In
1920 in Antwerp the program was cluttered with advertising. In June 1922 a circular
letter was sent from the IOC headquarters in Lausanne to all National Olympic
Committees and International Sports Federations explaining the necessity of strictly
abiding by an IOC decision to protect the symbol against commercial exploitation.519
In 1924 in Paris there was advertising in sport venues and in1928 in the Games if
Amsterdam the revenues from ticket sales, rights fees, and other contracts covered
the 60% of total costs.
So, it seemed that Coubertins idea had worked. The Games, through, their
advertisement and their commercial exploitation gained a great deal of financial
support.
The Games of 1932, though, were a breakthrough for the whole institution of The
Olympic Games. Not only did the relationship between businesses and Olympics
increase but also the first IP infringements were noticed.
518

Landry, 1996

519

Reported in IOC General Session Minutes, Rome 1923, IOC Archives, Lausanne. Cited in
Barney, fn.10 above, at pp.127-128

269

Indeed, Helms Bakeries had been granted the supply contract for the Olympic Games
village and produced Helms Olympic Bread Paul H. Helms, the owner, aware of
the commercial power of association, registered trademarks for the bread including
the word Olympic and the symbol in every state except Washington. Registrations of
Olympic marks had never taken place before, so there were no statutes to prevent it.
Helms Olympic Bread continued to be sold even after the end of the Games. Avery
Brundage, chairman of the IOC at that time, found the use of Olympic in
commercial advertising quite unpleasant. Nevertheless, Helms received the bread
supply contract for the 1948 Games with no restrictions as to advertising. Brundage
swore to stop this and the battle went on for years. Helms Bakeries were in a very
strong position because of their use of the marks since 1932. It was only in 1950 that
the case was resolved when Helms Bakeries agreed to stop using the symbol and the
Olympic motto.520
This incident can be characterized as the beginning of the IOC campaign against
violations of its intellectual property. In 1949, the IOC issued a circular asking
national Olympic committees ( NOCs ) to apply for legislative protection for the
Olympic words and rings in their countries.521 It urged NOCs to:
react energetically in all cases where the Olympic words and rings are utilized for
events which in no way concern the Olympic movement or for commercial
purposes .
However, the IOC at that time could not even conceive the results of another factor:
the intrusion of television in the Olympics.
The biggest growth of the Olympic movement and commercialisation can be found
in the involvement of television from the 1960s onwards. People were becoming
aware of the commercial potential of the Olympic Games and by 1968 (Mexico
City), ABC paid over $4 million for the broadcasting rights directly to the Mexican
Organizing Committee. The IOC requested that the Mexican Organizing Committee
pay a proportion of the money to the IOC which at that time had very limited funds
based on members' subscriptions. Only $150,000 was paid to the IOC. Thereafter,
the IOC took control of broadcasting rights and revenue is now shared between the
IOC and the organising committee.
Severe infringements of the Olympic insignia were noticed in 1968, at the Winter
Olympic Games of Grenoble. As there was not the slightest protection of the
Olympic insignia in France, the Grenoble Games had been completely
commercialised, with items such as:
Olympic butter, Olympic sugar, Olympic petrol Purveyors' names were attached
520

Barney R., Wenn S. and Martyn S.G., Selling the Five Rings: The International
Olympic Committee and the Rise of Olympic Commercialism (University of Utah Press,
2000), p.24., Michalos Cr, Development of the Protection of the Olympic Insignia, in
International Sports Law Review, 2006.
521

Protection of the Olympic Words and Rings: Notice for the National Olympic
Committees , IOC Bulletin No.16 (July 15, 1949), p.20, Michalos, op cit

270

to every item of equipment and supplies and even to the entertainments. It seemed a
huge business enterprise instead of another sport event.
The situation had gone beyond any expectation of the IOC, so it continued lobbying
for national laws to protect the Olympic names and symbols. Some states had passed
such laws but most, including France, was not one of them.
Before the 1976 Montreal Summer Olympics, Canada decided to pass some relevant
legislation in order to prevent the commercial exploitation of the Olympic insignia.
On July 27, 1976 the Canadian Olympic Act was passed which protected trademarks
and symbols with respect to the 1976 Summer Olympics only. Actually, it was the
very first time that event-specific legislation was passed in relation to the Olympics.
From its side, the IOC, took also some steps to this direction. In 1977, a by-law to r.6
of the Olympic Charter was enacted stating that the IOC shall take every
appropriate step possible to obtain legal protection of the Olympic Symbol on a
national and international basis. It was later amended to place responsibility for
national protection on the relevant NOC.522
After registering the Olympic symbol at the Federal Intellectual Property Office in
Berne, the IOC persuaded the World Intellectual Property Organization ( WIPO )
to register the symbol internationally--thus guaranteeing the protection within
territories who were signatories to the Madrid Agreement Concerning the
International Registration of Marks. However, only 24 states had signed the
Agreement so protection was limited. The concerns of the IOC remained.
The Nairobi Treaty
So, it seemed the IOC was ready for the big step; to secure the Olympic insignia in
the best possible way, by an international treaty. A world diplomatic conference on
the world industrial property was held in 1980 in Geneva.523 The IOC tried to find a
government which could propose specific protection for the Olympic symbol. The
Kenyan Government was the one that demonstrated its interest and invited the
countries for a world conference in Nairobi. The world conference took place in
Nairobi in 1981 and it ended up with the adoption of an international treaty which
protected the Olympic symbol internationally. In theory, the IOC had managed to
secure the Olympic marks in the best possible way, since up to that moment the
Olympic symbol was protected under the international law. However, the Treaty did
not have the appeal that one could attend. Initially the Treaty was signed by only 21
countries.524 After the Treaty the IOC appealed to the NOCs and mainly to the world
522

523

Michalos, op cit
IOC Circular, March 24, 1980. See Olympic Review 179, fn.32 above, at p.179.

524

IOC Circular, November 30, 1981, C/126/81 printed in (1982) 171 Olympic Review 16. By
the date of the circular 21 countries had signed the Treaty, namely: Argentina; Austria; Chile;
the Congo; Ivory Coast; Spain; Ghana; Greece; Hungary; Indonesia; Israel; Kenya; Mexico;
Poland; Portugal; Romania; Senegal; Sri Lanka; Switzerland; Trinidad and Tobago, and the

271

powers ones to adopt the Treaty, However, this never happened. By 2006, only 44
states are signatories.525 There still remain many major Olympic participating
countries who have not signed the Treaty including the United States, China,
Australia, France, Germany and the United Kingdom.
Probably the basic reason why the Nairobi Treaty was not welcome by the vast
majority of the states was its requirement of the authorization of the IOC for any use
of the Olympic symbols. This probably was the inhibitory factor which probably
considered it this provision as a limitation of their soveirignity. Probably the situation
would be different in case that the authorization of the NOC was required instead of
the authorization of the IOC. So, the Nairobi Treaty remained underestimated and the
IOC lost a very good chance to solve the problem of the Olympic symbol protection
once and for all. What the IOC could have done is to contractually oblige the
organizing states by the host city contract to ratify the Treaty. However, this could be
probably overly arbitrary. One way or another, though, the IOC obliges the
organizing states to take sufficient measures for the protection of the Olympic
insignia. In fact this is kind of a prerequisite for the acceptance of a candidacy. The
basic reason for the intense requirement of protection of the Olympic insignia is the
emergence of the ambush marketing phenomenon in the mid 80s. This phenomenon
threatens the entire institution of the Olympic Games and because of its complexity it
is really challenging to fight it and limit it. The protection of the Olympic insignia
could be a powerful way to combat against ambush marketing. This is why the IOC
forces organizing states to introduce effective legislation and measures against it.
And actually so they do. In the last decade all the organizing states have introduced
legislation for the protection of the Olympic symbols and against ambush marketing.
Before, proceeding to the analysis of this legislation it would be good to briefly
analyze the new Olympic reality of ambush marketing.

AMBUSH MARKETING
General
Ambush marketing is a great threat of modern sport as has been formed the last
decades, since it undermines the sponsorship agreements which are vital for the
proper organization of mega events such as the Olympics. Ambush marketing
essentially consists of associating a company's image with a sports event, without
paying sponsorship fees to the organiser in order to benefit from its media impact.
The most significant display of this relatively new technique known as ambush
marketing , also known as parasite or guerrilla marketing, was seen in the
Olympic Games and other major international competitions such as the Football
Soviet Union. The Treaty came into force on October 25, 1982 after the third instrument of
ratification or accession had been submitted by a state to the director general of WIPO. The
first states to do so were Equatorial Guinea, Ethiopia and Kenya.
525

Michalos, op cit.

272

World Cup.526 There are many terms proposed for this new reality on sport. The most
popular seems to be the one proposed by Sandler and Sunny that the efforts of an
organization to associate itself indirectly with an event in an effort to reap the same
benefits as an official sponsor527 It first emerged in the Los Angeles 1984 Olympics
and it keeps tantalizing every kind of mega event organization eversince. Its main
objective is to create confusion to consumers minds and, subsequently, by this
method ambushers can gain benefit from an untrue association with a major event as
well as weaken the profits of the real sponsors of the event.528 Nowadays, ambush
marketing has quite become a common practice in sport industry and it is argued that
it could diminish sport property values in the long run.529 There are different kinds of
ambush marketing and what makes it quite problematic is that not all of the types are
illegal. Indeed, as will be analyzed below many types of ambush marketing, despite
their unethical character are totally legitimate.530
Olympics are the event that is probably affected the most by this phenomenon due to
its great promotion and the great importance that the Olympic sponsorship program
represents for the Games. Indeed, the TOP sponsoring program is expected to reach
the 866 million dollars and each exclusive sponsorship package of the Olympics
costs around 50 million dollars531 and the sponsor has to spend four times that
amount to make it work.532
Before analyzing the different methods of ambush marketing and the ways of
combating against it, including the legal responses, we should analyze the way that
Olympic sponsorship works.

Sponsorship
Sponsorship is a commercial agreement, whereby a sponsor pays a certain sum of
money (the sponsorship fee) or provides certain products or facilities to the sponsor
party. In return, the sponsor is granted certain rights of association with the

526

Sandler, D.M. and Shani, D.,Olympic Sponsorship vs. Ambush Marketing: Who gets
the Gold? Journal of Advertising Research, 29(4), 9-14, 1989.
527

528

Sguin, B. and OReilly, N.J., The Olympic brand, ambush marketing and clutter.
International Journal of Sport Management and Marketing, 5(1), 78-104, 2008
529

Sguin, B. and OReilly, N.J.,The Olympic brand, ambush marketing and clutter.
International Journal of Sport Management and Marketing, 5(1), 78-104., 2008.
530

531

IOC, Olympic Marketing Fact File. International Olympic Committee. Lausanne,

Switzerland, 2008.
532

Gardiner et al, Sports Law, Cavendish Publishing, 5th edition, Sydney-London, p.459

273

sponsored party, through which the sponsor can promote its own image as well as the
sale of its products and services.533
It has to be made clear that it is a bilateral contract. Both the two sides are charged
with obligations: the sponsor to support the sponsored party and in return the
sponsored party to promote the sponsor.534
In the field of sport, sponsorship has an increasingly crucial role. The intrusion of
sponsors in sport is massive. It is indicative that Atlanta was considered to have won
the 1996 Games mainly because of the support of the sponsors Coca-Cola and CNN.
There are different kinds of sportsponsorship contacts. The sponsorship of an
individual athlete, the sponsorship of a sporting club or team and the sponsorship of
an event. The Olympic sponsorship is caught by the third category, since each
Olympic organization has certain exclusive sponsors. However, it can coexist with an
individual sponsorship or sponsorship of a certain team.
Indeed, the Olympic Games are really attractive for sponsors, since the Games
command the focus of the media and the attention of the entire world for 17
consecutive days, reaching billions of people in more than 220 countries throughout
the world.
So, the Olympic sponsorship is an agreement between an Olympic organization and a
corporation, whereby the corporation is granted the rights to specific Olympic
intellectual property and Olympic marketing opportunities in exchange for financial
support and value-in-kind contributions. The exclusivity is a dominant element of the
Olympic sponsorship programme. The program works on the basis of a productcategory exclusivity. The objectives of Olympic sponsorship programs established
by the IOC are designed to contribute to the independent financial stability of
Olympic movement, to generate continual and substantial support through sustained,
long-term partnerships, to prohibit the uncontrolled commercialization of the
Olympic Games.535
Since the very first Olympic Games of Athens 1896 there were sort of sponsorship
agreements. Indeed, in 1896, certain companies, including Kodac, which is a current
top partner, provided revenue through advertizing during the Olympics. In 1924 in
Paris advertizing signage was present within view from the Olympic Games venues
for the first and only time in history. In 1928 in Amsterdam Coca-Cola began the
longest continuous Olympic partnership, filling the stadium grounds and buildings
with posters. In 1964 in Tokyo, 250 companies developed marketing relationships

533

Gardiner et al, p.458

534

Bruhn, Moeglichkeiten zur Erweiterung des Werbevolumens durch Sponsoring und

Product Placement, Markenartikel, 1988 , p.224
535

Colantuoni L., Ambush Marketing and the Olympic Games, in D.P.Panagiotopoulos,

Sports Law:Implementation and the Olympic Games, Ant.N.Sakkoulas Publishers, AthensKomotini, IOC marketing Fact File 2004, p.21

274

with the Games and the new Olympia cigarette brand was introduced, generating
more than 1 million dollars in revenue for the OCOG.536
In 1985 there was a borderline in the Olympic sponsorship history. The IOC
introduced the IOC programme, trying to develop a more diversified revenue base of
the Olympics and to establish a long-term corporate partnership that would ensure
the future viability of the Olympic movement.537
The TOP programme provides each world-wide partner with exclusive global
marketing rights and opportunities within a designated product category and the TOP
Partners provide vital financial support or value in kind, like products, services,
technology and expertise.538
Beyond the TOP programme there is also the domestic sponsorship programme
which is run by the OCOG under the direction of the IOC. The domestic Olympic
Games sponsorship programme grants rights within the host city country only.
Usually, in the domestic sponsorship programme it is the OCOG that selects the
sponsors but the agreement is subject to the IOCs approval. The domestic
programme includes several types of partnership, which may include sponsors,
suppliers and providers.539
The creation of the TOP programme really enhanced the revenues deriving from
sponsorship. It is indicative that the TOP I programme began with 96 million dollars
in revenue. The TOP VI programme reached the 861 million US dollars! So, the idea
is to create a sponsorship environment which is characterized by world exclusivity
(national for the OCOG sponsors) and a low number of sponsors which leads to
long-term and stable relationships.540
Without doubt, the idea of the TOP programme turned to be absolutely successful.
However, this programme is being constantly undermined by the phenomenon of
ambush marketing, which can have a detrimental effect on the sponsors profits and
therefore, can explode the whole system. Indeed, this phenomenon emerged at the
same period approximately when the TOP programme was created. The first ambush
marketing incident was noticed in the 1984 Olympics, when KODAC, having failed
536

Colantuoni L, op cit, IOC marketing Fact File 2004, pp39-40

537

Colantuoni L., Ambush Marketing and the Olympic Games, in D.P.Panagiotopoulos,

Sports Law:Implementation and the Olympic Games, Ant.N.Sakkoulas Publishers, AthensKomotini, IOC marketing Fact File 2004, p.21
538

Vieweg K., Sponsoring und Olympische Spiele, in Klamaris/Bredimas/Malatos, Olympic

Games and Law, Ant.N.Sakkoulas, Athens-Komotini 2005, p.255, Jagodic T., Sports Law
and special contract forms, Sponsorship Agreement as a formal legal instrument of modern
sport, in International Sports Law Review Pandektis (ISLR/Pandektis, Vol.7:1-2, 2007)
539

Giannopoulos G., the contactual relationships between the IOC, the state, the host city,
OCOGs and sponsors (In Greek), in Klamaris/Bredimas/Malatos, Olympic Games and Law,
Ant.N.Sakkoulas, Athens-Komotini 2005, p.277, Colantuoni op.cit
Sguin, B. and OReilly, N.J. (2008). The Olympic brand, ambush marketing and clutter.
International Journal of Sport Management and Marketing, 5(1)
540

275

to be included to the sponsorship programme (Fuji was an official sponsor) became

the sponsor of the ABCs broadcasts of the Games and also the official film of the
US track team.541 In this way it managed, without breaking the law, to create a
confusion in the peoples mind as regard who is the real sponsor of the Games.

Ambushing strategies and examples

Ambushers can use many different ways to create a confusion and harm the official
sponsorship programme. First and foremost we should mention the only strategy
which is usually illegal. It involves activities which constitute violations of
proprietary rights of the Olympic movement. This method has been characterized as
logo-related ambush marketing.542 In this case, the ambushers in their advertizing
campaign either use the Olympic symbol or the Olympic motto (citius, altius, fortius)
or general words which are closely linked with the organization. Usually, the IP
legislation will grant protection against such strategies. However, it is not always that
easy. Sometimes the ambush is made in a way that it can slip the accusations for IP
law violations. For instance, in 1996, BellSouth was the official sponsor of the New
Zealand Olympic team and official supplier of mobile phone. Its competitor Telecom
New Zealand Ltd (Telecom) published a newspaper advertisement in the following
format: the word RING in large letters three times across the top and twice across a
lower line. Beneath those words it was printed the phrase with Telecom Mobile you
can take your own phone to the Olympics. Evidently, by this way the company tried
to associate itself with the Olympics and gain profit from this association. However,
despite the fact that the New Zealand law protected the Olympic symbol, this
commercial escaped the accusation of trademark forgery, because of its distinction
with the original Olympic symbol.543
Beyond the aforementioned ambush strategy there are many other more legitimate
ones. Meenaghan544 distinguishes five more strategies: 1)sponsoring the broadcasting
of the event 2)sponsor subcategories within the event and exploit this investment
aggresively 3)purchasing advertising time around relays of the competitors event
4)engaging in major non-sponsorship promotions to coincide with event 5)other
strategies engaged with promotial activities.
There are numerous examples of ambush marketing incidents during the Olympic
Games of the past two decades.
541

Colantoni, op cit

542

Wei L., Kretschmer M., Ambush Marketing:A study of legal responses, in International
Sports Law Review (ISLR/Pandektis, Vol 5:3, 2004)
543

Ibid

544

Meeghanan T., Ambush Marketing: Immoral or Imaginative Practice? In Journal of

Advertising Research,1994, Vol. 15(4), pp.77-98, see also Avlonitis G., Ladias S., Ambush
Marketing and the Olympic Games Athens 2004, in D.P.Panagiotopoulos, Sports Law,
Implementation and the Olympic Games, Ant.N.Sakkoulas, Athens-Komotini, p.381

276

In the 1984 Los Angeles Olympic Games where Converse was an official sponsor,
Nike built huge murals near the Los Angeles Coliseum displaying the Nike logo and
several athletes wearing Nike sporting clothes.
In the 1988 Seoul Games, while Kodac was the official sponsor of the Games, a Fuji
airship floated over the stadium and was occasionally being caught by the camera.
During the same Games, American Express tried to gain connection to the Games by
introducing advertisements which depicted the main stadium of the Games.545
Reebok was one of the official sponsors of the Barcelona Olympic Games in 1992.
When the US basketball Dream Team went up to the podium to receive their gold
medal, two of its most famous players, Michael Jordan and Charles Barkley, who
had lucrative sponsor contracts with Nike, covered the Reebok logo of their
tracksuits with the US flag.
In the Atlanta 1996 Olympic Games, Reebok was also an official sponsor. They were
not pleased when at a press conference the British 100 meters runner Linford Christie
appeared wearing blue contact lenses with the highly recognizable Puma logo in
white in the centre of each lens. The Puma logo lenses received world wide coverage
and were front page of most international newspapers. In the same games Nike
distributed to the crowds paper flags bearing Nike's logo. The TV cameras captured
the crowds waving the Nike flags to the despair of the official sponsors.546
Another example seen at the 1996 Olympic Games in Atlanta was American
Express's advertising campaign which really harmed its competitor Visa. Indeed,
according to a survey conducted, 56 per cent of the survey participants believed that
American Express was associated with the Olympic Games under a sponsorship
agreement. However, unlike its rival Visa, American Express had not paid $40
million for being an official sponsor of the Games.547 In Atlanta Games again, while
McDonalds was an official sponsor, Burger King tried to gain connection by
becoming the sponsor of the British team.
In 2000, Sydney, ambush marketing incidents were again there. The famous
Australian athlete of 400 meters Cathy Freeman, who in a way became a legend of
the Games, since except for winning the 400m gold she lighted up the flame in the
Olympic Stadium, symbolizing the tolerance and friendship in the Australian world.
So, inevitably any connection to her was necessarily a connection to the Games as
well. During the Games Freeman appeared in advertisements for Telstra, one of the
officials sponsors, but also for Optus, which was a rival company of Telstra and had

545

Colantoni, op cit

546

Carrigues Cr., Ambush marketing: robbery or smart advertising, in European Intellectual

Property Review, 2002
547

Pina C., Gin-Roble A., Sponsorship of sports events and ambush marketing, in European
Intellectual Property Review, 2005, Moss A., the Olympics: a celebration of sport and the
role of law, in Entertainment Law Review, 2004

277

nothing to do with the Olympic sponsoring.548

Also, Australian airlines Ansett were the official partners and paid a fortune for the
right to be so. But Qantas ambushed. Their advertising featured some of Australia's
most distinguished athletes in various states of athletic arousal. They timed their
ATL to coincide with Olympic PR. A poll conducted by Woolcott Research in July
1999 found that 58% of those surveyed were sure that Qantas had signed up as a
sponsor of the Sydney 2000 Games compared to 38% for Ansett
Ambush marketing incidents were reported in Athens as well. While Alpha Bank
was the official sponsor of the Games, its rival EFG Eurobank tried to acquire some
connection with the Games firstly by attaching emphasis in its campaign that it is the
exclusive sponsor of the Greek athletes in Trackling, Sailing and national Basketball
teams, and also by releasing a commercial presenting a logo which represented three
medals. In this way, without violating any of the registered event logos it managed to
associate itself to the Games.
The famous-19 year old at that time- Australian swimmer Mike Phelps was involved
in another incident. His sponsor, SPEEDO, got committed to offer him a bonus of 1$
million in case he broke the world record. In this way SPEEDO that had nothing to
do with the Olympic sponsorship programmed became the centre of attention with
this occasion.
We should also mention the complain of COSMOTE, an official sponsor of the
Games that its rival VODAFONE tried to ambush by using the famous Greek singer
Sakis Rouvas. Rouvas participated actively in the closing ceremony of the Games
and VODAFONE had been for years his sponsor. During a press conference Rouvas
referred to volunteering and the Olympics and COSMOTE believed that this was an
ambushing strategy invented by VODAFONE to gain some connection to the
Games.549
Even in Beijing ambush marketing incidents were reported despite the measures
taken by the organizers. One of the lasting images of Beijing is the Jamaican sprinter
Usain Bolt holding aloft his Puma track shoes for the world to see, not once, but
three times after his victories in the 100m, 200m and 4x100m. Adidas were of course
the main sportswear sponsor of the games, but as Bolt showed in Beijing no amount
of money can ensure that you are associated with the world's fastest pair of feet. 550

548

Colantoni, op cit

Avlonitis G., Ladias S., Ambush Marketing and the Olympic Games Athens 2004, in
D.Panagiotopoulos, Sports Law, Implementation and the Olympic Games, Ant.N.Sakkoulas,
Athens, Komotini, p.381, Mller J. Ambush Marketing : Regelungsbedarf in der Schweiz?.
SpuRt : Zeitschrift fr Sport, Volume 13 2006.
549

Harris, Schmitz, OHare, Ambush marketing and London 2012:A golden opportunity for
advertisement or not?, in Entertainment Law Review, 2009
550

278

Judging from the aforementioned examples, we can deduce first of all that is
virtually impossible to totally exterminate ambush marketing, since companies can
always find ways to ambush. Also, the vast majority of the incidents do not involve
some kind of violation of the law. Besides, we cannot be sure that all of the incidents
are intentional. It is not certain whether specific legislation other than band
protection could be possibly effective against such a phenomenon. No law could be
so vague and open to include all the ambush marketing strategies and even in case a
law like that was introduced, ambushers would still find ways to ambush.
Preventative measures could be probably considered to be the most effective weapon
against ambush marketing. However, too harsh preventative measures would
possibly collide with established personal freedoms and rights, such as the freedom
of personality development, the freedom of contracts or the principle of respect of
human dignity. For example, how could Sakis Rouvas be prevented in Athens from
speaking about the Olympics? Wouldnt it be totally unreasonable and unfair for him
to be prevented from expressing his thoughts about a certain national matter, just
because of his connection with a certain branch? Wouldnt any different solution be
contrary to the protected freedom of expression?551
In any case, the IOC and the sponsors are very sensitive about this matter and want
every possible measure to be taken to prevent this phenomenon.
RESPONSES TO AMBUSH MARKETING
As the time went by the IOC as well as the organizing cities conceived that they
should take some measures in order to stop this new phenomenon which undermined
the proper organization of the Olympics.
As regard the logo or symbol related ambush marketing, when clearly the ambushers
use protected trademarks or symbols, such as the Olympic insignia, there is already a
sufficient protection. The Nairobi Treaty as well as the national IP legislation can be
invoked. However, unfortunately, ambushers can do much better than that, so, these
existing remedies are usually rendered ineffective. Ambush marketing campaigns do
not in most cases use third parties' trademarks or designs. Ambush marketers refer to
the event and to their own names and products in an ingenious and creative manner,
so in most cases they manage to circumvent the law. The situation is further
deteriorated by the fact that most countries lack adequate legal provisions to combat
ambush marketing.
Traditional laws of trademarks, copyright, unfair competition, trade practices and
advertising cannot be enough to stop ambush marketers from appropriating some of
the exclusivity reserved to official sponsors. These traditional forms of protection are
in most cases ineffective against the creativity of ambush marketers who also know

551

ECHR 10

279

the wording of the law and are careful not to trespass it.552 In the UK the law of
trespass could be resorted to, in order to stop ambush marketing as regard activities
near to or within where the sport activities take place. For example trespass could be
effective if the air space at a venue is dominated by advertizing balloons or light
aircraft pulling advertizing streamers flying over a stadium during the Games.553
Also, ambush marketing could be possibly dealt with under circumstances by unfair
competition law or passing off. However, it is always quite difficult for the ambush
tactics to meet the requirements of these laws. Also, under the US law, some
protection could be granted under the Lanham Act 1996. The Lanham Act554 protects
non-registered subject matter against (a) any person who on, or in connection with
any goods or services uses in commerce any word, name or symbol or any false
designation of origin or false or misleading description of fact (b) is likely to cause
confusion or mistake or to deceive as to affiliation or connection of such person with
another person.555 So, if the ambusher conveys the false message that he/she is an
official sponsor, probably the Lahnam Act could be applicable, even though the
wording of the law seems to be quite narrow. Also, it seems that such suits may only
be brought by the trade mark holder.556
Courts have dealt directly with this phenomenon only once. It was in 1992 when the
case National Hockey League v Pepsi Kola Canada Ltd 557 bothered the Canadian
Courts. In 1990 Pepsi Kola released an advertizing campaign called diet Pepsi Kola
US $4000 Pro-Hockey Playoff Pool, gaining in this way connection with the N.H.L.
playoffs even though it was none of the official sponsors, unlike its competitor Coca
Cola Ltd, which had paid approximately 2.6 million dollars for being an official
sponsor, obtaining the right to use the official symbols of the tournament. There was
no right though for Coca Cola to advertize during the broadcasting of the Games. So,
Pepsi was sold the right to be the exclusive advertiser of soft drinks during the
broadcasting of the Games. So, although Pepsi was not an official sponsor of the
NHL Playoffs, it managed to be connected with the Games by being the sponsor of
the broadcasting of the Games. The NHL resorted to the Courts against Pepsi,
552

Garrigues C., op cit

553

Gardiner, p.461

554

United States Code (U.S.C.), title 15, s.43

555

Kukkonen, Be a good sport and refrain from using my patented putt: Intellectual Property
Protection for Sports related moves, 1998, 80 J.Pat& Trademark off. Socy 808, Kriemadis
Th., Ambush Marketing, Strategies to avoid it or combat it, in D.Panagiotopoulos, Sports
Law, Implementation and the Olympic Games, Ant.N.Sakkoulas, Athens, Komotini, p.398
556

Moss, op cit

557

92 D.L.R. 4th 349 (B.C. 1992)

280

arguing that the lattest had demonstrated a false association with the playoffs. The
Judge examining the tort of passing-off558, concluded that Pepsis campaign,
although aggressive, was not in violation of the Canadian law since there was no
direct interference of the Pepsi within the contract between Coke and NHL.559
The first time that the IOC in cooperation with the NOCs and the OCOG decided to
take some serious measures against this phenomenon was in 1996, in Atlanta Games,
when a name and shame campaign in an attempt to denounce ambush marketing
practices was introduced. However, this method other than causing many legal
problems (it can very easily lead to defamation claims) was not proved to be
efficient. So, since Sydney, IOC has been forcing organizing states to introduce
specific legislation against ambush marketing.
Of course, there are not only legal responses to ambush marketing. There are also
preventive measures, such as educational campaigns.
Special legislation introduced by the hosting states
So, since the Sydney Olympics, all the hosting states, trying to fulfill their
obligations towards the IOC, which through the host city contract imposed to them,
introduce special legislation against the phenomenon of ambush marketing. What
these laws have in common is that they tend to grant a wide protection to the
Olympic insignia, providing a long list of protected items. Prima facie this legislation
could prevent some ambushers from trying to associate themselves to the Games by
using inappropriately the Olympic insignia. However, under closer examination this
legislation does not really have something to add, and it is really doubtful whether it
can stop the smart and innovative methods of the aspiring ambushers.
So, Australia was the first state that was first challenged with introducing some
special and effective legislation in order to achieve a wide and complete protection
against ambush marketing. The Sydney Organizing Committee for the 2000 Olympic
Games (SOCOG) worked together with the Australian authorities to supplement
the existing intellectual property and trade practices legislation with the aim of
stopping ambush marketers and protecting the exclusivity of the official sponsors.
The result of this collaboration was the Sydney 2000 Games Act (Indicia and
Images) and the Olympic Arrangements Act 2000. These two acts were effective
because they complemented each other, covering a very wide range of rights and
scenarios. For example, the Sydney Games Act covered the use of a long list of
words, logos and slogans some very close to the Sydney Games such as Olympic
in combination with the words medals , 2000 Sydney , Sydney games , but
558

there are 5 elements in the tort of passing off:1)misrepresentation 2)made by a trader in the
course of a trade 3) to prospective customers of his or ultimate of goods/services supplied by
him 4)which is calculated to injure the business or goodwill of another trader 5)which causes
actual damage to a business or goodwill of the trader by whom the action is brought
559

Davis R., Ambushing the Olympic Games, in International Sports Law Review
(IASL/Pandektis) Vol III, No 1/2

281

others were only marginally related to the Sydney Games such as Summer Games
or Share the spirit . The commercial use of Sydney related images was also very
closely regulated. Critical to the success of the Act was the introduction of a number
of quick and effective enforcement measures.
On the other hand, the Olympic Arrangement Act focused on introducing some
preventative measures against the phenomenon. A quite important measure to
combat ambush marketing during the Games was to grant local councils special
powers to prohibit unauthorized sales of any merchandising articles, beverages, food,
etc., within a 3-km radius of any of the event locations. Similarly, the Australian
customs services were also provided with broad powers to seize unlicensed
merchandise imported into Australia. Another important measure adopted was that
there was a ban on any form of advertising on any buildings including private homes.
Furthermore, there was even a provision prohibiting skywriting and airplanes'
displays in the sky above the official locations.
Another simple but quite effective and important measure was banning the use of any
Sydney Olympic ticket for any advertising or promotional purpose. This measure
stopped companies from giving away tickets for the games and depicting the ticket in
the packaging of their products, creating the fallacy that they were in any way
connected with the Games.560 Also, an offence was created for the an unauthorized
articles selling during the period of the Games within a certain area.
The tendency and the determination to stop ambush marketing were totally clear.
However, as has been already mentioned above, despite the wide protection there
were ambush marketing incidents reported.
In Athens, 2004, the Greek Government made clear that it wanted to combat ambush
marketing in the best possible way. Not only did it introduce special legislation but
also it took draconian preventative measures.
As regard the legislation, it has to be stated that in Greece Olympic symbol already
enjoyed a wide protection, since Greece is one of the few stated that has ratified the
Nairobi Treaty 1981.
The regulations of Law 2598/1998 dealt also with the protection of the Olympic
symbols and indicia (article 3). By the provision of the said article, the Olympic
symbol (five interlaced rings of one or more colours), which had already been
internationally protected by virtue of the International Nairobi Treaty of 26.9.1981,
has comes under the protection of Law 2239/1994 on indicia (Government Gazette
152 A). Under the same protection have come the name and the business name of
the Organizing Committee for the Olympic Games Athens 2004 and of its affiliated
companies, as well as the terms Athens 2004, Olympic Games Athens 2004 and
any other similar term in Greek or in any foreign language. Article 2 of the
subsequent Law 2819/2000 complemented and expanded the above provisions, so
that the listing of the Olympic symbols and indicia of article 3 of Law 2598/1998 be
560

Garrigues Cr., op cit

282

not restrictive. This expansion was achieved through the authority conferred upon the
Ministers of Culture and Justice to determine by joint decision publishable in the
Government Gazette other goods, relevant to those mentioned in article 3 of Law
2598/1998, which ought to enjoy the special protection of the Olympic symbols and
indicia.561 In addition, Law 2819/2000 instituted a special jurisdiction for the hearing
of provisional and protective measures and claims for damages bearing on the
protection of the Olympic symbols and indicia562.It should be also mentioned that it
was made clear that the seizure or confiscation of goods was invariably ordered,
regardless of whether the accused was eventually convicted or not.563
This ad hoc law designed for the sports event in question barred the dissemination of
all types of advertising in the city and the Olympic stadium, as well as other venues
used for the sports events and public and private buildings within a 200-metre radius
of those areas. It also barred advertising on buses, trains, subways and cars visible
from the Olympic Games' vicinity and the airspace of the stadium unless consent was
obtained from the organisers of the event. Advertising through promotional goods
(free gifts, leaflets, etc.) was subject to prior authorisation by the organiser.
Advertising in ports and airports was also reserved for official sponsors.
The failure to observe these prohibitions was subject to material fines. Private
entities assigning advertising spaces to advertisers that did not comply with these
legal provisions could be fined from 20,000 to 50,000 E for each advertisement.
Also, the violations were accompanied with criminal sanctions as well. The
advertisers could be subject to up to one-year prison sentences and fines ranging
between 50,000 and 100,000 E. Reoffending infringers were subject to fines of
double the initial amounts.564
However, beyond the legislation passed, emphasis should be attached to the
preventative measures taken by the ATHOG. The most important precaution was the
clean venue policy. So, every field of play and its perimeters, including the airspace,
any object visible from the TV broadcasting cameras and the spectators, should be
free of signage and advertisements
Putting the clean venue policy into practice produced favorable results: the balance
proved to be positive and the number of ambush marketing cases was considerably
reduced in the Athens Games. The Athens Olympic Games have revealed the need to
adopt specific laws against ambush marketing in order to safeguard sponsors' rights
561

Trova E., Skouris P., The first Olympic Games of Europe (In Greek), Metamesonykties
Publications, p.135,Wei L., Kretschmer M., op cit
562

S. the unpublished judgements of the Court of First Instance of Athens ()

upon petitions for provisional and protective measures 2699/2000, 8528/2000, 8529/2000,
6875/2000, 9485/2000.
563

Wei L., Kretschmer M., op cit

564

Pina C., Gil-Roble A., op cit

283

and, in the long run, top-level sporting competition. Indeed, the clean venue policy
was expanded to a clean city policy so as important public places and historical
monuments, airport and railways be kept clean too. As regard the stadiums a great
number of workers and volunteers safeguarded the cleanity of the venues. Normally,
as regard spectators, clothing and accessories worn by them would not be restricted
as long as they had a normal commercial size. However, action would be taken when
groups of people wear clothes or accessories with commercial messages or logos of
non-sponsors, especially when this action was accompanied with an effort of this
group of spectators to be the centre of the attention. During a volleyball match
between the Brazilian Olympic Team and another team, a group of Brazilian fans
were wearing a shirt writing National Bank of Brazil. These fans were kindly
requested to wear their t-shirts inside-out so that the phrase was no longer visible by
other spectators and TV cameras.565
Apart from that, ATHOG took some supplementary measures as well to limit the
effects of ambush marketing. For instance, it limited the number of local sponsoring
categories to 21, in order to ensure that the audience had a clear cut picture of the
sponsors and many educational campaigns and researches were conducted before,
during and after the Games.566
The number of the ambush marketing incidents was a littile bit reduced in Athens. It
is not certain whether this was because the legislation passed or because the clean
venue policy and the preventative measures. It is believed, though, that the
preventative measures played a more important role in this combat.
It is quite interesting that separate legislation was passed not only by the Olympic
Games hosting states but also by other major events hosting states as well. For
instance, Portugal introduced specific legislation against ambush marketing on the
occasion of the Euro 2004 in football. Indeed, the Portuguese Decree law 86/2004
did not only protect the trade mark and the symbols of the Games, providing
sanctions for the infringers. But also it provided that any kind of false connection or
association with the Games was prohibited and would be punished as well, creating a
quite similar protection to the one that the association right of the London Olympic
and Paraolympic Games Act provides. Indeed, any unauthorized person who then
uses their brand in relation to the event in a way which seeks to gain special
promotional benefit from the event would be guilty of criminal offence.567
An interesting solution was also followed by South Africa on the occasion of the
organization of the 2003 World Cricket Cup. According to the introduced law568, for
a certain period no person was allowed to use a trade mark in relation to such event
565

Avlonitis G., Ladias S., op cit

566

Avlonitis G., Ladias S., op cit, www.athens2004.com

567

Jagodic T., The position of an athlete in ambush marketing, in International Sports Law
Review/Pandektis, Vol.6:3-4, 2006
568

Merchandise Marks Amendment Act 2002

284

in a manner which was calculated to achieve publicity for trade mark and thereby to
derive special promotional benefit from the event, without the prior authority of the
organizer of the event.
Beijing was also required by the host city contract to introduce special legislation to
protect the Olympic insignia and to prevent any kind of ambush marketing strategy.
Quite early after its selection, Beijing Government passed local regulations
protection Olympic intellectual property rights. Later the State Council issued the
Regulations on Protection of the Olympic Symbol which granted a wide protection
of the Olympic intellectual property rights to the national level. It should be noted
that the Regulations include a provision569 which prohibits the use of the Olympic
symbols in an way that it could mislead about the true sponsors of the Games. Also,
organizers got committed to control advertizing and products not only around
competition venues but on all public transport, airports and public streets.570 It should
be stated that even though a broad protection of the Olympic insignia is granted, the
only method of ambush marketing that could be prevented from this act is the logorelated ambush marketing which could be probably prevented by the existing
legislation so far as well. Of course, now the protection is more clear cut, but it is
doubtful whether such legislation can really add a lot.
As far as the Winter Olympics are concerned, even though in both Sort Lake City
and Turin (2002 and 2006 respectively) extensive measures had been taked for the
prevention of ambush marketing, there was no specific legislation introduced.
Canada, though, in terms of the preparation of the 2010 Winter Olympics in
Vancouver, did introduce legislation trying to protect the Olympic insignia and to
limit the ambush marketing phenomenon. Indeed, it has to be mentioned that the
Canadian law seems to be quite powerful and innovative trying to prevent any kind
of illegitimate association to the Games. As provided by Section 4(1) of the Olympic
and Paralympic Marks Act, 2007 No person shall, during any period prescribed by
regulation, in association with a trade-mark or other mark, promote, or otherwise
direct public attention, to their businesses, wares or services in a manner that
misleads, or is likely to mislead that a business association exists between the
business and the Olympic Games, Paralympic Games, OCOG, COC or CPC. It does
not stop there, though. Section 6 removes the requirement of the plaintiff to
demonstrate irreparable harm in order to succeed in getting an interlocutory
injunction against a possible ambush marketer during the designated protected
period. Also the law granted protection for the Olympic insignia, dividing the
protected words in two categories. It granted permanent protection for the following
words: Citius Altius Fortius, Canadian Olympic Committee, Comit Paralympique
Canadien, Olympiad, Olympian, Jeux Olympiques, Olympic Games, while it granted
limited protection for the following words: Canada's Games,Whistler 2010, Jeux de
Vancouver, Sea to Sky Games, Ville de Jeux, Canada 2010, VANOC. For the lattest
569

Article 5, no.6

570

Colantuoni L., op cit

285

catecory, the protection is to expire on the 31st December 2010. So, by providing
immediate Injunction, recovery of damages or profits, publication of a corrective and
destruction, exportation, or other disposition of any packages, labels and/or materials
that have contravened regulations, the Vancouver affrontation seems to be quite wide
and powerful. It will be interesting to examine how this framework will work in
effect and whether it will be actually effective against ambushing strategies.
After the selection of London for the organization of the 2012 Olympics it was UKs
turn to introduce legislation to enhance the protection of the Olympic symbol and
insignia. Of course there was already the Olympic Symbol etc (Protection) Act 1995,
which as has been argued gave a advantage to the Londons candidacy571 The 1995
Act, although protected the Olympic symbol and certain other words such as
Olympic and Olympian, did allow the use of the protected words, symbol and
motto to create an association with the Olympics, if this was done in accordance
with honest practices in industrial or commercial matters . This exemption could, in
the past, have provided a loophole for third parties who use the protected words, but
only if such use was in good faith, and it is unlikely that ambush marketers would be
able to show that.572 So, what was extraordinary about law was that from that early
stage a conrario it did not grant protection for parties who were not action in good
faith, that is, the ambush marketers. So this law could be considered to be an early
form of ambush marketing protection.
However, obviously this was not enough. UK should enhance the protection as had
committed before its selection. And in fact, so it did. Initially a harsh legislation
against ambush marketing was introduced, which caused a lot of legal problems,
though. In July 2005 the London Olympics Bill was published, containing draft
legislation aimed at preventing the effects of ambush marketing.
The Bill introduced a new intellectual property right the London Olympics
association right (LOAR), the right to be associated with the London Olympics.
The proprietor of this new right is to be the London Organising Committee for the
Olympic Games (the LOCOG). The LOCOG will, as it judges appropriate and on
the payment of a fee, allow companies to represent themselves as associated with the
London Olympics. Without such authorisation any such representation, verbal or
visual, of any kind in a manner likely to create an association in the public mind
between the London Olympics and goods or services or their provider may be an
infringement of the London Olympics association right and could lead to a civil
infringement action and even to criminal penalties.
The most important as well as rigid thing the Bill included was the presumption of
infringement that it introduced. It set out multiple word combinations which would
be presumed to infringe the new right, reversing the usual burden of proof. These
combinations with the London Olympics:
571

Jagodic T., The position of an athlete in ambush marketing, in International Sports Law
Review/Pandektis, Vol.6:3-4, 2006
572

Dore P., Running around the Olympics, in Entertainment Law Review, 2006

286

Any combination of the expressions: games , Two Thousand and Twelve ,

2012 , twenty twelve ; or any combination of the above group individually or
with other terms from that group with any of : gold , silver , bronze ,
London , medals , sponsor , or summer would be presumed, in the absence
of evidence to the contrary, to be likely to create an association in the mind of the
public.
For example a phrase like gold at the games would be presumed to infringe the
LOAR unless proven otherwise.573
These provisions of the bill triggered massive criticism and objections. The Bill was
criticised by advertisers as unreasonable and as going too far. One critic of the Bill,
the Institute of Practitioners in Advertising ( IPA), expressed concerns about the
extent of the restrictions on advertising, describing the Bill as draconian and
detrimental to ordinary businesses.574 The IPA also criticized the reversal of the
burden of proof, as contrary to the basic principles of English civil law, and has
lobbied the Government to make the Bill less restrictive. The presumptions of
infringement could be also characterised as disproportionate and inconsistent with
the article 10 of the ECHR on the grounds that it greatly and unreasonably limits the
right of expression. Finally the presumption did not survive the criticism and it no
longer existed in the London Olympic Games and Paraolympic Games Act 2006.
First of all it should be stated that the Act extended the protection granted by the
OSPA 1995 for the Olympic symbol and insignia to the paraolympic symbols. It also
reiterated the London Olympic association right provided by the bill but with less
harsh provisions.
The Act complies with the IOC's Host City requirements by introducing a specific
event association right--the London Olympic association right. This confers on
LOCOG the exclusive right to use and exploit any visual or verbal representation
which is likely to create, in the public mind, an association with the Games:
Anyone who makes an unauthorized use of any visual or verbal representation in
the course of trade in relation to goods or services in a manner likely to suggest an
association with the Games will, subject to a limited number of defenses, infringes
LOAR. 575
Although the use of any type of representation can create an infringing association
under the LOAR, certain words, when used in combination, may be taken into
particular account by a court (not a presumption any more) when considering
whether there has been an infringement of LOCOG's right. The Act identifies words
such as gold , silver , bronze , London , medals , sponsor ,

573

Montagnon R. , Smith J., Legislative Comment Intellectual property: the London

Olympics Bill, in European Intellectual Property Review 2006
574

Dore P., op cit

575

Sch.4 s.2(1) to the Act

287

summer , which, if used in combination with any of Games , 2012 , two

thousand and twelve or twenty twelve and with the purpose of creating an
unauthorised association with the Games will, subject to any defense, infringe LOAR
if used in the course of trade and in relation to goods or services.
Further, when considering whether or not an unauthorised association has been
created, a court may take into account all of the relevant factors--use of combinations
of words or images which capture the essence of the Games such as winning,
determination and inspiration or the depiction of Olympic and/or Paralympic
sports, past conduct, the nature of the product or service and timing.
There are also some defenses provided if it is established that an association with the
Games has been created. In which case, any one of the following defenses may
apply:
use by a person of his/her own name or address, in accordance with honest
commercial practices;
use indicating the nature, quality, quantity, value, geographical origin, time of
production or the purpose of goods or services, in accordance with honest
commercial practices;
editorial or journalistic use when publishing or broadcasting a report or information
about the Games;
incidental use in literary, dramatic, artistic works, sound recordings, film or
broadcast within the meaning of Pt I of the Copyright, Designs and Patents Act 1988;
use of a registered design or trade mark;
use of design rights and other rights existing prior to the introduction of the LOAR
on March 30, 2006;
use which has been made continuously (including use in business names) since
prior to the introduction of LOAR on March 30, 2006;
the free movement of goods, where those goods have entered the European market
with LOCOG's consent.
If no defenses apply, civil remedies available to LOCOG include injunctions,
damages, delivery up of infringing goods and an account of profit. It will be up to
LOCOG to decide whether to bring civil proceedings against infringers of the LOAR
and a court will determine the amount of damages, if any, to be paid by the infringer.
Despite its less rigid provisions, the LOAR is still criticised for being too restrictive
for unofficial sponsors and advertisers. However, the LOAR does not stop
individuals or organisations from advertising their goods or services in accordance
with honest commercial practices, or from truthfully describing their goods or
services. LOCOG suggests that the following examples, despite using a combination
of listed words, would not infringe the LOAR: The Tower of London Gold Jewels
Exhibition 2012 or a toy shop advertising a Massive Summer Sale--Games, Toys,

288

Gadgets , as there is no actual association.576

Ambush marketing legislation and freedom of expression
It is true that the legislation introduced by the English state, trying to combat ambush
marketing is quite restrictive as regards the right of expression of certain businesses
and people in general.
Article 10 of the European Convention of Human Rights, which has been embodied
to the English law through the 1998 Human Rights Act, establishes the freedom of
expression. According to article 10.2, any restriction to this right should have a
legitimate aim, should be prescribed by law (including the common law, e.g. in
RvHowell577 the restriction was sufficiently prescribed by law) and should satisfy the
principle of proportionality. More spesifically it should satisfy the Freitas test of
proportionality which comprises the following three steps578:I) the legislative
objective is sufficiently important to justify limiting a fundamental right II) the
measures designed to meet the legislative objective are rationally connected to it III)
the means used to impair the right or freedom are no more than in necessary to
accomplish the objective.
As regards the initial Olympic Bill and the presumption of infringement introduced
by it, it should be stated that it would be extremely difficult for it to survive the test
of proportionality, since it seemed to be more than necessary to accomplish the
objective of the legislation. This reality was obvious to many parts of the English
society that protested against the legislation, managing to have the presumption of
infringement removed in the final Act.
However, even though, there is no longer such a presumption there are still claims
that the association right under its present form is still disproportionate. It is believed
that the restrictions that the law introduces are no longer disproportionate, as the
objective of the legislation, that is, the safe organization of the Games as well as the
protection of the sponsorscontracts, seem to justify the restriction to the freedom of
expression of other businesses. The legislative objective is sufficiently important, the
measures are rationally connected and the means employed do not seem to go
beyond what it is necessary. So, despite the relevant debate, the current legislation
does not seem to be disproportionate.

576

Padley H., Legislative Comment: London 2012: five years and counting, in International
Sports Law Review 2007
577

1981 AllER 383

578

DeFreitas v Permanent Secretary of Minister of Agriculture, Fisheries, Lands and Housing

[1999] 1 AC 69

289

Non-judicial protection against ambush marketing

A practice that had been invoked to by mega-event organizers to combat ambush
marketing is the so called naming and shaming. So, after the event a press
conference is held and the ambushers are named in from of the public. Even though,
this method was worked effectively, it has to be pointed out that this method could
violate certain laws, such as the laws relating to trade libel, injurious falsehood and
interference with contractual relations.579 Therefore, one has to be very careful and
be absolutely sure about the ambushing strategy, supporting it with tangible
evidence, before naming an ambusher.
However, beyond, this legal dangers that naming and shaming involves, the effect
that it could have on the public is ambiguous. Even if an ambusher is named and
shamed after his/her ambushing interference, he/she has already gained the
connection with the event and has gained profit from that connection. The naming
and shaming, could probably lead to a temporary deduction of the sales but such a
deduction would be definitely unimportant and permanent and definitely
incomparable to the profit that the earlier ambush marketing strategy has brought to
him/her.
Also, some of the strategies employed include imposing ticket conditions that restrict
what the purchaser may wear and carry when entering the event venue (i.e. food,
drink, hats, t-shirts, flags, banners that promote the ambusher); controlling the
availability of licensed merchandise so that it is sold only in controlled outlets and
not used as competition prizes; sponsoring individual athletes or restricting the rights
they may grant to their own sponsors (i.e. restricting what they may wear or carry, or
prohibiting their name or image to be used in any advertising during the event);
acquiring a broad portfolio of sponsorship rights across all major stakeholder groups
(such as athletes, teams, event and broadcasters) and undertaking an extensive
advertising campaign to ensure public recognition of its sponsorship; preempting the
ambusher by buying advertising space around the event venues, sponsoring the local
public transport services, landmarks, etc., undertaking aerial advertising and giving
out free merchandise near the event venues; publicly identifying the official sponsors
and denouncing the activities of ambushers as unofficial; negotiating a broadcast
agreement that prohibits the broadcaster from allowing the sponsor's competitors to
advertise during the broadcast of the event, or, alternatively, requires the broadcaster
to grant the sponsors a first right of refusal for advertising during the broadcast of the
event; providing clean venues or imposing obligations on the broadcasters and
photographers to shoot from positions where ambusher's advertisements are not
visible and controlling the sale of advertising space (i.e. billboards) either on-site or
near the event.580

579

Gardiner et al, p.462

580

Sudzum M., Rudkin-Binks J., Legislative Comment, The countdown begins, in

Entertainment Law Review 2007

290

It is believed that if there is a way that ambush marketing could be really restricted is
by massive educational campaigns. The organizers should make sure that the
spectators of the Olympics all over the world are in advance well aware of the
official sponsors of the Games. Of course, this would not mean that ambush
marketing practices would not appear during the Olympics. It is impossible to stop
ambush marketing as long as the personal-human element is involved. However,
through educational campaigns, the spectators would not be confused and would
easily recognize any ambush marketing phenomenon.

Conclusion
The Olympic Games of Athens 2004 symbolized the Games of the New European
World in contrast to the strong new powers of Asia, China, Japan and Australia of
course which had just passed the Olympic Games in 2000. The Games of Athens
2004 had the possibility to set a unique chance for Europe to prove that it exists as a
whole and supports the host-city which revived the Olympic Movement in 1896. It
was also a chance for the European dimension of sport to get started.
However, the organization of the Athens 2004 Olympics only indirectly
demonstrated the European character of the Games. At a level of tangible
symbolisms it had nothing to show except for the presence of the construction of the
roof of the Olympic stadium by the Spanish architect Calatrava. Despite the fact that
there were many aspects which had a community interest and the EU took some
initiatives (e.g. the doping rules), there was no reaction to these incidents by the
community organs and the EU seemed to be indifferent to the matter of security and
establishment within its territory. The idleness of the EU to a reality that was
enforced for fear of a terrorist attack and the subsequent human rights violations was
quite remarkable.
The ratification of the Lisbon Treaty and its entry onto force on the 1st December
2009 consolidated the European dimension of sport. Indeed, now there is a new EU
competence: the one over sport. The Olympic Games of London will be not only the
second ones under the absolute application of the EU law but also the first ones
under the new EU competence over sport. Article 6 and 165 make clear the EU
should have an active role in the sporting field and cooperate with the IOC and the
relative stakeholders for its promotion. Lets see then what the reaction of the EU
will be during the London Games, when the same challenges will emerge and how
the EU policy will change after this new competence in relation to the London
Olympics.
291

Lets see that if, after absolute application of the EC law to sport and the new EU
competence, the Olympic Games can become Games of a continent and not of a
country.

292

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