Saturday, 12 November 2011

EU flag at sports events: Flying the flag for terrible agenda-driven journalism

A story that has been doing the rounds in some of the lazier parts of Britain's proud national press is the assertion that "Brussels" is or has been trying to force national sports' teams and sporting arenas to fly the European flag.  The story is, of course, utter drivel; it completely ignores the way in which the EU works and in what areas it legislates.



The reporting on it, funnily enough, followed the steps of the European Parliament's "own-initiative report" procedure. It centers on a Report by Spanish MEP Santiago Fisas Ayxela, entitled "The European Dimension in Sport". The document, which was originally submitted in June 2011 and subsequently adopted by the Parliament's Culture and Education Committee in November that year. It will probably adopted by the European Parliament in full during its plenary session in December.

It includes a paragraph proposing 

"that the European flag should be flown at major sports events held on EU territory and suggests that it should be displayed on the clothing of athletes from Member States"

However, European Parliament own-initiative reports such as this one are not legally binding. They do not and cannot lead to legislation that could force anyone to do anything. It is what is commonly referred to in the English language as a "suggestion", not some EU "diktat" (the tabloids love that word, it conveniently allows them to cover up the fact that they haven't the faintest idea how the EU works).


The Parliament does not have the right of initiative, so any legislation needs to be formally proposed by the European Commission, a separate institution altogether (which naturally has not tabled any proposals that would make EU flag flying at Wembley mandatory).

In addition, the Commission won't propose to introduce a legal obligation for sports teams to wear the EU flag. In the field of sport, the Lisbon Treaty created a so-called "supporting competence" for the EU; article 6 of the Treaty on the Functioning of the EU says:

"The Union shall have competence to carry out actions to support, coordinate or supplement the actions of the Member States [in the field of sport]"
Even if the Commission wanted to force teams to fly the EU flag, it would need a legal basis in the Treaty to table such a proposal. Clearly, that legal basis does not exist; fans of St. George's cross can sleep safely in the knowledge that "Brussels" won't superimpose twelve golden stars on the red stripes.

The Commission has a handy library of documents relating to EU sports policy, which focuses on doping, social inclusion and health.

No comments:

Post a Comment