The Autonomy of Sports

Context:

◦ Identification: Sports play a significant role in the emotional lives of many people. The attachment to sports teams can be profound, sometimes leading to heightened emotional responses. For instance, incidents such as domestic violence have been reported to increase when a favoured sports team experiences a loss.

• Political Uses:

◦ Historical Boycotts: Sports have been used for political purposes throughout history:

▪ 1948 London Games: Germany, Italy, and Japan were excluded from the post-war games, reflecting post-war geopolitical tensions.

▪ 1956 Melbourne Games: The Netherlands, Egypt, Iraq, and Spain boycotted the games in response to the Anglo-French invasion of the Suez Canal.

▪ 1988 Seoul Games: Cuba and North Korea boycotted due to South Korea’s refusal to share events with North Korea, highlighting the use of sports for political statements.

• Economic Impact:

◦ Commercialisation: Sports have become highly commercialised, with broadcasting revenues contributing significantly to national economies. The sports sector accounts for approximately 2% of many nations' GDP, underscoring its economic significance.

Organisation of Sports:

• Hierarchical Structure:

◦ Top-Level Regulators:

▪ FIFA: Global regulatory body for football.

▪ Continental Regulators: UEFA (Europe), AFC (Asia), CAF (Africa), etc.

▪ National Leagues: Example includes the Premier League and English Football League (EFL) in England.

▪ Regional Associations: Govern specific regional areas within countries.

▪ Clubs: At the base of the pyramid, participating in competitions and implementing rules.

• Regulatory Framework:

◦ Hierarchical Superiority: Each level of the sports hierarchy must adhere to the regulations set by the levels above it. For example, national leagues are required to follow the directives from UEFA and FIFA.

◦ Ein-Platz-Prinzip (One Place Principle): Each level of the hierarchy has a commercial and regulatory monopoly within its domain. For example, only the Premier League and EFL can organise football matches in England.

◦ Sports Governing Bodies (SGBs):

▪ Location and Influence: Most International Sports Governing Bodies (ISGBs) are based in Switzerland, which is outside the EU, granting them a quasi-unregulated status.

▪ Autonomous Power: SGBs control both the regulatory and commercial aspects of sports, often functioning with significant autonomy.

The Autonomy of Sports:

• Regulatory and Commercial Functions:

◦ Double Hatting: SGBs perform dual roles, managing both the regulatory and commercial aspects of sports. This includes setting sporting rules, handling governance issues, resolving disputes through mechanisms such as the Court of Arbitration for Sport (CAS), and overseeing financial management.

◦ Financial Autonomy:

▪ Horizontal Redistribution: Redistribution of resources among clubs participating in the same competition.

▪ Vertical Redistribution: Redistribution of resources across different levels of the sports pyramid.

◦ Access to Competitions: To compete in external competitions, clubs and national teams must obtain permission from the relevant SGBs.

Reasons for Autonomy:

1. Historical Factors:

◦ Victorian Britain Origins: The codification and expansion of popular sports in Victorian Britain established a tradition of autonomy. During this period, sports were traditionally non-commercial and purely voluntary, with no need for state intervention.

2. Subsidiarity:

◦ Delegation of Authority: States prefer to delegate decision-making to specialised bodies where possible, allowing sports federations to operate autonomously.

3. Expertise:

◦ Specialised Knowledge: Sports federations possess the expertise required to manage sports effectively, supporting the rationale for their autonomy in decision-making and governance.

In summary, the autonomy of sports is rooted in historical practices and reinforced by the hierarchical structure of sports governance. This autonomy is maintained through a combination of regulatory functions, commercial control, and the desire of states to delegate expertise in managing sports.