Influencing the Development of EU Sports Law and Policy Through the Provision of Expert Advice to Key Policymakers.
Submitting Institution
Edge Hill UniversityUnit of Assessment
LawSummary Impact Type
PoliticalResearch Subject Area(s)
Studies In Human Society: Policy and Administration
Law and Legal Studies: Law
Summary of the impact
The entry into force of the Treaty on the Functioning of the European
Union (TFEU) in December 2009 granted the European Union a competence to
develop a sports policy. Parrish substantially influenced the development
and implementation of this new competence providing professional advice
and expert testimony to key policymakers. These included the European
Commission, the European Parliament and the House of Lords. Specifically,
the work of Parrish has helped define EU policy priorities for sport,
shaped the content of sports related legislation and informed the dialogue
between the European Commission and sports stakeholders and Member States.
The appointment to these advisory positions, and the advice dispensed as
part of these roles, drew materially and distinctly from Parrish's
underpinning research.
Underpinning research
The underpinning research was undertaken by Parrish during his employment
at Edge Hill University (1995 to present, currently Director of the Centre
for Sports Law Research). 'Sports Law and Policy in the European Union'
(2003) was the first systematic and theoretically informed English
language monograph to explore this area. Similarly, 'The Politics of
Sports Regulation in the European Union' (2003) was the first sports
article to be published in the Journal of European Public Policy. These
works, and 'The Sporting Exception in European Union Law' (2008),
systematically explored the relationship between EU internal market law
and sport, the sources of legal uncertainty in the sports sector, the
meaning of the 'specificity of sport', EU policy priorities for the
sector, and whether Treaty reform could stabilise the relationship between
sport and EU law. The works concluded that legal disputes within the
sports sector could be effectively managed within the framework of EU law
without undermining the specificities of sport. This research established
Parrish as a key expert in the field and led to his participation in a
number of EU research projects, the quality of published outputs and the
expertise of the research team being criteria for the award of competitive
EU tenders:
- A European Parliament report informing MEPs on the impact of the TFEU
on EU sports law and policy (2010) (see Section 5, Other Sources 5).
This report drew heavily on the findings in 'The Sporting Exception in
European Union Law' (2008). The report made recommendations on EU
priorities in the area of sport that were subsequently adopted by the
Commission in its Communication on Sport and endorsed by the Member
States and the Parliament in two Resolutions on the Communication (June
2011 & Feb 2012 respectively).
- Two European Commission reports examining nationality discrimination
in individual sports (2010) (see Section 5, Other Sources 7) and alleged
nationality discrimination in European professional football — `the
home-grown players' study (2013) (see Section 5, Other Sources 9).
The underpinning research and the contribution made to the above EU
projects resulted in Parrish being appointed to two senior advisory roles:
- Participation in the 2010 European Parliament study led to Parrish
being appointed Special Advisor to the House of Lords EU Select
Committee (Sub-Committee G: EU Social and Consumer Policies) Inquiry
into Grassroots Sport and the EU (Nov 2010 — April 2011) (see Section 5,
Other Sources 6). The approach to join the inquiry was made by the Clerk
of the Committee following a presentation on the report made by Parrish
at the Oval Cricket Ground in London in October 2010. An interview
conducted by Baronness Young of Hornsea in the Palace of Westminster
confirmed the appointment.
- Parrish was appointed by European Commissioner Vassiliou to the Group
of Independent European Sports Experts (2010). The group produced a
report for the Commission recommending general themes and specific
priorities for EU action in sport (see Section 5, Other Sources 1).
These themes were endorsed by the Commission in its Communication on
Sport (see Section 5, Other Sources 2).
References to the research
Underpinning research (all items available on request):
1. Sole authored monograph: Parrish, R. (2003), Sports Law and Policy
in the European Union, European Policy Research Unit Series,
Manchester: Manchester University Press, pp.271. Cited by 103
2. Journal article: Parrish, R. (2003), The Politics of Sports Regulation
in the European Union, Journal of European Public Policy, 10:2
April 2003, pp. 246-262. DOI:10.1080/1350176032000059026. 2012 Impact
Factor: 1.197 (ranked 9/47 in Public Admin). 5-Year IF: 1.667 (9/47 in
Public Admin). Cited by 42
3. Co-authored monograph. Parrish, R. & Miettinen, S. (2008), The
Sporting Exception in European Union Law, International Sports Law
Series, Den Haag: TMC Asser Press, pp.295. Cited by 35
Evidence of the quality of the underpinning research: `Sports Law and
Policy in the European Union' was described as a `truly
groundbreaking book' (Journal of European Affairs, 2004 2(2), May).
Leading academic sports lawyer Ken Foster (Warwick) wrote that it gave the
emerging discipline of sports law `an indispensable resource and
challenging theoretical framework' that `has advanced the theoretical
discussion of sports law considerably'. He continued that `all future
legal analysis will be impoverished if it ignores his framework' (Sports
Law Bulletin, 2003 6(4), July/August). Stephen Weatherill (Oxford)
commented that the book has `done a great service to scholarship' and that
the core of the thesis is a `valuable framework for analysis' which is
`advanced with care and skill' (International Sports Law Journal,
2006 3/4). Meier (Potsdam) described the work as the `seminal account of
European sport regulation' (published paper, European Consortium for
Political Research (ECPR) Conference, Budapest, September 8-10, 2005) and
in a review of the book, the Nottingham Law Journal (2005 14(2))
added that `Parrish must be considered to be amongst the pre-eminent
authors in the field of European Community law and sport'.
Details of the impact
The following impacts were generated between January 2008 and July 2013,
each flowing from the provision of expert advice. As noted in Section 2,
the decisions to appoint Parrish to these advisory roles — and the advice
then given — drew materially and distinctly upon the underpinning
research.
Impact 1 — Expert advice informs EU priority themes for the
implementation of Article 165:
In 2010 Parrish was appointed by European Commissioner Vassiliou to the
European Commission's Group of Independent European Sports Experts. Ten
experts from Europe were appointed, with only two from the UK. Parrish was
the only lawyer in the group. The Group met with Commission officials
twice in Brussels and produced a report advising the Commission on the
general themes and specific priorities that should be contained in the
Commission's `Communication on Sport' (see Section 5, Other Sources 1).
The Communication set out the Commission's approach to implementing
Article 165 TFEU. The recommendations made by the Group were accepted by
the Commission and formed the basis of the subsequent Communication on
Sport entitled: `Developing the European Dimension of Sport' (see Section
5, Other Sources 2).
Impact 2 — Expert advice informs EU sports legislation: Following
the Communication, the two legislative chambers of the EU, the Council of
the European Union and the European Parliament, adopted two Resolutions in
response to the Communication. A Resolution is a legal instrument setting
out the legislature's jointly held views and intentions regarding the
overall merits of the policy and the performance of the specific tasks
contained in the Communication. The Council adopted a Resolution `On a
European Union Work Plan for Sport for 2011-2014' (see Section 5, Other
Sources 3). In the Resolution, the 27 Member States endorsed the priority
themes identified by the Group of Independent European Sports Experts and
"[w]elcome(d) the Commission's Communication on Developing the European
Dimension in Sport and the main fields of action within its thematic
chapters...". Simultaneously, the European Parliament adopted its own
Resolution on the Communication (see Section 5, Other Sources 4). The
Resolution endorsed many of the priority themes contained in the
Communication. In preparation for its vote on the Resolution, the European
Parliament commissioned a Study on `The Lisbon Treaty and EU Sports
Policy' (see Section 5, Other Sources 5). The study was co-authored by
Parrish and he presented its findings to the European Parliament (Culture
Committee), September 28th 2010, in Brussels. On the role of the expert
group (impact 1) and the European Parliament study (impact 2), the
Commission stated: "while preparing this Communication, the Commission
consulted with a wide range of stakeholders to identify key themes to be
addressed at EU level, including consultations with Member States and key
sport stakeholders (EU Sport Forum, bilateral consultations), an online
consultation and an independent expert group. It has also
taken account of the results of a study on "The Lisbon Treaty and
EU Sports Policy" commissioned by the European Parliament
(European Commission Communication on Sport, 18/01/11, p.2/3, emphasis
added. See Section 5, Other Sources 2).
Impact 3 — Expert advice informs UK Parliament democratic debate and
enhances scrutiny of UK Governmental approach to EU sports policy:
The role of UK Parliamentary inquiries is to consider EU documents in
advance of decisions being taken on them in Brussels in order to influence
the UK Government's position and to hold it to account. As a means of
influencing the UK Government's position on EU sports policy in
preparation for the Council's Resolution, the House of Lords launched an
inquiry into EU sports policy. Parrish was appointed Special Advisor to
the House of Lords EU Select Committee (Sub-Committee G: EU Social and
Consumer Policies), Inquiry into Grassroots Sport and the EU (Nov 2010 — April 2011). Meeting weekly in Westminster, Parrish briefied the Chairman
and the Committee members verbally and in writing, provided questions for
oral evidence sessions, read and assessed evidence, attended committee
meetings and drafted the final report (see Section 5, Other Sources 6).
The government responded to the report in April 2011 and the European
Commission officially responded in September 2011. The report was debated
on the chamber floor in November 2011 and recorded in Hansard, with two
references to Parrish, in Vol.732, No.221, Thursday 10 November 2011 at
page 420-441. In a factual statement, the Chairman of the Select Committee
wrote: "In your case, our committee's analyst and clerk were aware of your
research and its relevance to our enquiry through your publications
including Sports Law and Policy in the European Union and The
Sporting Exception in European Union Law and through your
participation in conferences and seminars". She added: "Without your input
it would have been very difficult for our committee to understand enough
about the specificity of sport to be able to comment on written
submissions and witness statements on the subject"..."Other complex areas
dealt with in your academic research were how EU law affects the operation
of sport at all levels, from the grassroots to elite level, particularly
in relation to broadcasting rights and the rights of workers. These books
also dealt with the question of whether the EU Treaty required an article
on sport as a means of resolving on-going problems, so the fit between
your research and our aims in pursuing the issue of sport and the EU was
excellent"... "I am pleased to report that the Government gave careful
consideration to our report and concurred with most of our
recommendations, thanking the Select Committee for making a timely
contribution to on-going debates"... "I am pleased to say that your input — written and oral — was of the highest order and greatly contributed to
the seriousness with which the report was read"... "At least one member of
the sub-committee had initially questioned whether the subject of
grassroots sport was a serious enough topic for the Committee to consider.
You should take much of the credit for changing that Member's view to the
point where he was prepared to explain its imporatnce to other doubting
peers" (see Section 5, Factual Statements 1).
Impact 4 — Expert advice informs the European Commission's post-Lisbon
approach to nationality discrimination in European sport: As part of
the post-Lisbon sports agenda, the Commission funded two studies into
nationality discrimination in sport. The first concerned discrimination
against non-nationals in individual sporting competitions. Parrish
co-authored the study as the high level EU sports law expert (see Section
5, Other Sources 7). The study provided advice, inter alia, on the impact
of Article 165 TFEU on the ability of sports bodies to discriminate
against athletes on the grounds of their nationality. This was a European
Commission priority project as outlined in its 2007 White Paper on Sport
(see Section 5, Other Sources 8). The second study stemmed from a
commitment contained in the 2011 Communication on Sport, in which the
Commission committed itself to "assess the consequences of rules on
home-grown players in team sports in 2012" (See Section 5, Other Sources
2). Parrish co-authored the study as the high level EU and sports law
expert. The study was delivered to the Commission in December 2012 and was
published in August 2013 (see Section 5, Other Sources 9). Parrish
delivered the findings of the study to the European Commission's Technical
Committee on Free Movement of Workers (11/04/2013). The results of the
studies have informed Commission policy in this field and improved
dialogue between the Commission and sports stakeholders.
Sources to corroborate the impact
The aspect of the case study addressed by each source below is identified
by reference number in Section 4.
Factual Statements:
- Chair of the House of Lords EU Select Committee (Sub-Committee G: EU
Social and Consumer Policies) — addresses role of underpinning research
in appointment as a Special Advisor to House of Lords EU Select
Committee (Sub-Committee G: EU Social and Consumer Policies), Inquiry
into Grassroots Sport and the EU (Nov 2010 — April 2011).
- Policy Officer, Sports Unit (Education and Culture
Directorate-General), European Commission, Brussels — addresses benefits
of expert advice informing the European Commission's post-Lisbon
approach to nationality discrimination in European sport.
Other Sources:
- European Commission (2010), Group of Independent European Sport
Experts, Report on EU Priorities in the Field of Sport
http://ec.europa.eu/sport/documents/100702_gise_final_report.pdf
- European Commission (2011), Developing the European Dimension of
Sport, COM(2011) 12 Final, 18/01/2011 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2011:0012:FIN:en:PDF
- Council Resolution of 1.6.2011 On a European Union Work Plan for
Sport for 2011-2014, 2011/C 162/01 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2011:162:0001:0005:EN:PDF
- European Parliament Resolution of 2.2.2012 On the European
Dimension in Sport, 2011/2087(INI))
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P7-TA-2012-0025+0+DOC+XML+V0//EN
- European Parliament (2010), Study on The Lisbon Treaty and EU
Sports Policy.
http://www.europarl.europa.eu/committees/en/studiesdownload.html?languageDocument=EN&file=32471
- House of Lords (2011), Inquiry into Grassroots Sport and the
European Union.
http://www.publications.parliament.uk/pa/ld201011/ldselect/ldeucom/130/130.pdf
- European Commission (2010), Study on the Equal Treatment of
Non-nationals in Individual Sports Competitions.
http://ec.europa.eu/sport/library/doc/f_studies/study_equal_treatment_non_nationals_final_rpt%20_dec_2010.pdf
- European Commission (2007), White Paper on Sport, COM(2007),
391 Final, Brussels 11/07/2007, Action Point 40. http://ec.europa.eu/sport/documents/wp_on_sport_en.pdf
- European Commission (2013), Study on the Assessment of UEFA's
Home-Grown Player Rule. http://ec.europa.eu/sport/library/documents/f-studies/final-rpt-april2013-homegrownplayer.pdf