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

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

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

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

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

Introduction
Looking at the chronology of the regulation of sport in the European Union, according to Parrish
1)
, it can be stated that until the ratification of the Treaty on the Functioning of the European Union (TFEU) in 2009, the European Union had very little competence in the field of sport. However, through Article 165 TFEU
2)
, the European Union has acquired the power to support, coordinate and complement the sports policies of the individual Member States. Article 165 TFEU also provides the legal basis for a specific program to finance sport and develop the European dimension in sport. This idea is more defined in the 2007 White Paper on Sport, which is based on three broadly themed chapters
3)
. Due to its specific nature, sport can be linked to various policy areas, such as education, health and youth, but it can also serve as a tool to promote the social inclusion of minorities, social ties and the ideals of peace, solidarity, tolerance and justice
4)
.
Considering previous arguments, the European Union has identified sport as a tool that can be used in its foreign policy and diplomacy to promote, disseminate, and share values representing a common European identity and a European dimension in sport. Based on previous findings, we can say that it is now possible to talk about the existence of a common European identity. One of the reasons for such a statement may be the results of the survey
5)
on European citizenship in 2018. Respondents most often describe peace, guaranteeing human rights, respect for human life, democracy, personal freedom, equality, tolerance and solidarity as the most important common values representing European identity. We theorize that the successful connection between sport and Europe is based on the specificity and attractiveness of the European sports model, which by its nature influences and determines the possibilities of using sport in foreign policy and diplomacy. It can be argued that sport is firmly connected to Europe also because of its interconnection with the beginnings of modern sport.
Article 165 TFEU states:
"The Union shall contribute to the promotion of European sporting issues, while taking account of the specific nature of sport, its structures based on voluntary activity and its social and educational function
6)
."
We can say that this article supports our argument that the connection between Europe and the European Union and sport takes place through a specific European model. This is confirmed by another part of the article, which focuses on the development of the European dimension in sport:
"2. Union action shall be aimed at: - developing the European dimension in sport, by promoting fairness and openness in sporting competitions and cooperation between bodies responsible for sports, and by protecting the physical and moral integrity of sportsmen and sportswomen, especially the youngest sportsmen and sportswomen
7)
."
As Zuev and Popova
8)
point out, the development of the European dimension in sport is also a major goal in all the main documents that have been issued since the adoption of the new TFEU.
Analysis of the perception of the European Union and its policies abroad
9)
emphasized that negative connotations with problems and the role of the European Union in solving them are noted in non-member countries. These are mostly issues and events related to migration, multiculturalism, and human rights. Although some values, such as human rights, good governance, democracy, and peace, are perceived as natural and inseparable in the context of the European Union, the results of the analysis do not consider the European Union to be an international norm setter in these areas. The finding that the general public lacks knowledge of the European Union's development and education programs not only in non-member but also in Member States of the European Union is also crucial. It was, therefore, important to review the tools, means and resources used by the European Union to achieve its external relations objectives. It can be argued that sport is an increasingly used tool to revitalize foreign policy and international relations in the world, as it has the potential to reach the general public more effectively and improve its international image. The High-Level Group for Sports diplomacy
10)
, in its final reports from 2016, states that the objectives and values of the foreign policy of the European Union and European sport largely coincide. For this reason, the Group emphasizes its conviction that sport and its added value can contribute to achieving the European Union's external relations objectives. The group also recommends the use of sport in various aspects, such as part of development programs or part of the dialogue with non-member countries
11)
. Activities of this type are facilitated and supported by the TFEU, which states in Article 165 the following:
"3. The Union and the Member States shall foster cooperation with third countries and the competent international organisations in the field of education and sport, in particular the Council of Europe
12)
."
1. Methodology
The aim of this paper is to identify references to sport and cooperation in the field of sport in the various agreements between the European Union and non-member countries and to subsequently identify the implementation and fulfilment of the provisions of the agreements. In order to define the role and position of sport in agreements with non-member countries of the European Union, the method of systematic search in the list of international agreements will be used. For the access to European Union Law and the list of international agreements we used the EUR-Lex portal and narrowed the search to candidate countries
13)
, potential candidate countries
14)
and countries that are part of the European Neighbourhood Policy, European Enlargement Policy and European
Development Policy. Then, we did a full-text search for the word "sport" in the international agreements from the narrowed area, which provided us with a basis for the subsequent comparison of individual references and mentions of sport in agreements. Our intention was also to examine whether the identified references to sport in individual international agreements coincide or differ. This may indicate whether the EU seeks to work with non-member countries in the same or different areas in the field of sport.
As part of the fulfilment of the second part of the objective, we will identify and analyse the financial and other EU instruments that may contribute to the fulfilment of the above mentioned provisions in each individual international agreement. In the case of the identification of EU instruments, we will draw upon the existing list developed by the High Level Group on Sports Diplomacy and add those that by their nature and focus have the potential to contribute to the fulfilment and implementation of sports provisions from the international agreements. Then we perform the full-text search for the word "sport" on the official websites and its documents of the identified EU instruments, to look for mentions of sports initiatives and projects. In the search results, we identify cooperation in the field of sports with non-EU countries, which we have defined in the first part of the objective. The retrieved data can then be analysed, compared, and evaluated. A specific example is the search in Erasmus+ database, where we anticipated a high number of sports related projects. We used the official website of the European Commission to search. Using the advanced search function, we have selected completed projects, activity years from 2014 to 2020, and all project topics related to sport and physical activities. Thanks to the search results, we were able to filter out those projects, in which non-EU countries participated as participating countries.
2. Sport in agreements with non-member countries of the European Union
In this paper, we will pay particular attention to the position of sport in agreements with third parties, respectively non-member countries of the European Union. It can be argued that cooperation between the European Union and non-member countries takes place through various platforms and initiatives. These undoubtedly include the neighbourhood, enlargement, development, and cooperation policies.
In stating that until the ratification of the TFEU in 2009, the European Union had very little competence in the field of sport, we assumed the absence of any reference to the sport in agreements with non-member countries signed before 2009. Based on a systematic search in international agreements with candidate countries and potential candidate countries, we note that there is no mention of sport in them. This may be due to the fact that international agreements with these countries were signed before 2009
15)
. However, in the framework of the European Neighbourhood Policy, we find mentions of sport in international agreements with seven countries. These are, in particular, Armenia, Egypt, Georgia, Israel, Lebanon, Moldova, and Ukraine. In four cases, there is a reference to sport in the context of the Comprehensive and Enhanced Partnership Agreement and the Association Agreements, respectively.
Cooperation in the field of sport and physical activity is part of the Comprehensive and Enhanced Partnership Agreement between the European Union and Armenia of 2018. In particular, Article 101 states:
"The Parties shall promote cooperation in the field of sport and physical activity, in particular through the exchange of information and good practices in order to promote a healthy lifestyle, good governance as well as the social and educational values of sport and in order to fight against threats to sport such as doping, match-fixing, racism and violence within the European Union and the Republic of Armenia
16)
."
The Association Agreement between the European Union and Georgia in 2014, the sport was given Article 368 on cooperation in the field of sport and physical activity, which is the version very similar to the previous example:
"The Parties shall promote cooperation in the field of sport and physical activity through the exchange of information and good practices in order to promote a healthy lifestyle and the social and educational values of sport, mobility in sport and in order to fight global threats to sport such as doping, racism and violence
17)
."
The second Association Agreement, which contains a reference to sport, is the Association Agreement between the European Union and Moldova, also from 2014. Article 126 is specifically devoted to sport, with the following wording:
"The Parties shall promote cooperati
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