Towards a Monegasque Sports Law (Bill no. 1088 on sport)

Bill no. 1088 on sport (2023-11, 17 November 2023) was received by the National Council on 19 December 2023.

The purpose of Bill no. 1088 is to create a general legal regime relating to the organisation and administration of sport in Monaco (143 articles) including the institutional players, both public and private (State, Commune, Monegasque Olympic Committee, Monegasque Anti-Doping Committee, sports associations, sports federations), and the "major challenges facing sport today, These include protecting the health of sportspeople, ensuring the safety and integrity of sporting activities, taking into account the educational and environmental aspects of sporting activities, and supporting economic activities linked to sport (commercial exploitation of sporting events, sports teaching and sports agents)." (Explanatory memorandum to Bill 1088, p. 3).

In addition to a "comprehensive and efficient legal framework", Bill no. 1088 bears "a strong symbol, that of the birth of a Monegasque 'sports law' marked by real specificities in keeping with the singularity and identity of the Principality". (Explanatory memorandum, p. 4).

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Presentation

Currently, only certain aspects of sports law are covered in the Principality of Monaco, in scattered texts.

See in particular: Law no. 538 of 12 May 1951 creating and organising a medical inspection service for schools and sportsmen and women; Law no. 1.355 of 23 December 2008 concerning associations and federations of associations; Law no. 1.144 of 26 July 1991 concerning the exercise of certain economic and legal activities; Law no. 1. 056 of 27 May 1983 on the protection of the name or titles and image of persons; Law no. 1.430 of 13 July 2016 on various measures relating to the preservation of national security; Law no. 1.058 of 10 June 1983 on trademarks and service marks; Law no. 1.334 of 12 July 2007 on education; Sovereign Order no. 688 of 31 December 1952 establishing a Monegasque Olympic Committee; Sovereign Order no. 15.656 of 7 February 2003 establishing a Monegasque Anti-Doping Committee; Ministerial Order no. 2003-532 of 21 October 2003 on the organisation and conduct of anti-doping tests; Ministerial Order no. 2003-531 of 21 October 2003 on the approval, swearing-in and initial and ongoing training of doctors responsible for anti-doping tests; Ministerial Order no. 2003-533 of 21October 2003 on prohibited substances and methods and on Therapeutic Use Exemptions; Sovereign Order no. 4. 346 of 25th October 1969 creating a higher committee for various artistic, cultural and sporting events and festivals; Sovereign Order no. 959 of 7th February 2007 implementing the International Convention against Doping in Sport (UNESCO); Sovereign Order no. 16. 248 of 11 March 2004 implementing the European Convention on Spectator Violence and Misbehaviour at Sports Events and in particular at Football Matches, signed in Strasbourg on 19 August 1985; Sovereign Order no. 6.832 of 8 March 2018 implementing the Convention on an integrated approach to security, safety and services at football matches and other sports events, signed in Saint-Denis on 3 July 2016.

The Explanatory Memorandum to Bill no. 1088 points out that the absence of general legislation "for decades has not prevented the Principality (...) from enjoying an exceptional reputation in the organisation of major international sporting competitions [Formula 1 Grand Prix, Monte-Carlo Rally, Rolex Monte-Carlo Masters, Herculis EBS Meeting, etc.] and from implementing a public policy in favour of sport, whether for leisure, recreation, school, corporate, amateur, high-level or even professional purposes". (p. 1)

However, "the complexity of the issues and the scale of the challenges surrounding the question of sport necessarily call for the enactment of a secure, coherent and comprehensive legal framework to ensure the long-term development of sporting activities in Monaco, while at the same time providing the best possible response to the specific characteristics of the Monegasque model for the organisation of sport", something that "the National Council and certain players in the world of sport have regularly been able to point out (...) and rightly so". (pp. 1-2)

These specific features are:

• "essentially, the geographical and demographic characteristics of the Principality (...) implying a phenomenon of "scarcity" of resources, both in terms of Monegasque participants (...) [almost 14,000 licence holders of all nationalities] and, above all, in terms of practice areas, in particular sports facilities and equipment";
• "the interweaving of the French and Monegasque sports systems. The participation of Monaco clubs in the various championships organised in the neighbouring country [football, basketball, athletics, etc.] and the close relations that Monegasque sports federations have with French sports federations";
• the "special role played by the State in the field of sport. (...) the Principality's economic and social equilibrium is fundamentally based on the existence of administrative authorisation systems (employment, residence and economic activities) that are the legacy of practices that have been consolidated for decades, thus making the Monegasque State the guarantor of the regulation of the economy and society".

This reform is "the culmination of a long development process involving numerous studies, reflections and consultations" with various representatives from the world of sport, and from outside (High Commission for the Protection of Rights, Freedoms and Mediation; Economic, Social and Environmental Committee). (pp. 3-4)

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CONTENT OF BILL No. 1088

— Choice not to introduce a legal definition of "sport", following the example of France and most of its neighbouring countries. The Explanatory Memorandum to Bill 1088 refers to the definition of "sport" in Article 2 of the revised European Sports Charter (Council of Europe, CM/Rec(2021)5, 13 October 2021): "(...) all forms of physical activity which, through casual or organised participation, are aimed at maintaining or improving physical fitness and mental well-being, forming social relationships or obtaining results in competition at all levels."

— State (Articles 1 to 3 of Bill 1088):

• Affirmation of its pre-eminence in the organisation of physical and sporting activities, guarantor of the fundamental principles underpinning the development and promotion of physical and sporting activities.
• Tasks of general interest within the framework of national sports policy, carried out under the authority of the Government Councillor-Minister of the Interior, by the Department of National Education, Youth and Sport.
• Transformation of the National Sports Commission into the National Sports Committee ("Comité National du Sport" CNS), a consultative body reporting to the Government Counsellor-Minister of the Interior.

— Commune (Art. 4):

• Legislative enshrinement of its powers: management and maintenance of communal facilities (and on a contractual basis, those of the State); determination of the terms and conditions for the occupation of facilities by sports associations; management of public subsidies in accordance with the notification from the Government Councillor-Minister of the Interior.

— Monegasque Olympic Committee (Art. 5 to 13):

• Legislative recognition of its role as the representative of the International Olympic Committee in Monaco (provisions inspired by those of the French Sports Code designed to ensure the protection of the rights inherent in Olympism: Olympic properties, selection of athletes for the games, composition of the official delegation), and as a key player in the promotion and support of high-level sport (in particular, strengthening of its participation in the preparatory phases - advisory opinion - of the State's administrative decisions).

— Monegasque Anti-Doping Committee (Art. 14 and 15):

• Its existence and missions are enshrined in the Law (a private law body with a mission of general interest, constituting the national anti-doping organisation recognised as such by the World Anti-Doping Agency and all signatories to the World Anti-Doping Code).

— Sports associations (Art. 17 to 29):

• Regulation of their creation (while respecting the freedom of association protected by the Constitution, with regard to the "exceptional geographical characteristics of the Principality and which therefore implies a principle of optimisation of the resources available" for the "deployment of their activity"). It was opted for a "sports label" (an administrative authorisation issued by the Government Councillor-Minister for teh Interior, after consultation with the National Sports Committee) in accordance with the criteria defined by the Law, based on a requirement for quality in the actions that sports associations carry out to achieve their corporate purpose. The "sport label" would entitle its holder to certain rights (receipt of specific public subsidies, special terms and conditions for the use of sports facilities and equipment, membership of the college of "sport label" associations within the National Sports Committee).
• Special provisions govern school sports associations, company sports associations and sports companies whose creation, backed by the club, is required for participation in foreign championships by virtue of the regulations applicable to them (such as the French football championship).

— Sports federations (Art. 30 to 39):

• Definition of their regime (their missions defined in Law no. 1.355 of 23 December 2008 being succinct and insufficient to reflect the reality of their actions) with "an objective of cohesion, structuring and securing the "federal sector" while preserving the specific characteristics of Monaco".
• Recognition by law of their role in coordinating the activities of their affiliated members and ensuring compliance with the technical, safety, management, disciplinary, ethical and sporting rules of the sports disciplines for which they are responsible.
• Special provisions govern approved sports federations, with a series of conditions to be met (general conditions under ordinary law provided for by Law no. 1.355 of 23 December 2008, and new special "sporting" conditions introduced by the Law: standard articles of association, code of conduct and ethics, insurance guarantees).
• For federations responsible for an Olympic discipline, the approval procedure would involve prior consultation with the Monegasque Olympic Committee.
• The approved sports federation would have a monopoly of powers: as at present, to organise competitions which result in (or contribute to) the award of international and national titles or which form part of an international circuit or championship; and newly, to communicate to international sporting bodies the results obtained or performances achieved (in particular to enable its licence holders to enter or take part in international competitions organised by these bodies), and to select or, for competitions falling within the remit of the Monegasque Olympic Committee, to propose the selection of athletes likely to represent, officially, the Principality of Monaco in international sporting competitions.
• Recognition of what sports licences issued by sports federations represent (right to take part in activities and competitions, in the running of the federation, federation insurance covering the licence holder).

— Promotion of high-level sport (Art. 44 to 60):

• Definition of a legal status for high-level sportspeople with specific rights and duties, to provide a stronger legal basis and a better framework for existing arrangements.
• Definition of high-level sport: "competitive sporting activity practised on an amateur or professional basis, at the highest international level, high-level sport represents sporting excellence".
• The possibility of benefiting from personalised support measures designed to promote sporting success, facilitate training, professional integration or retraining.
• Better definition of the procedures for inclusion on the list of high-level athletes (as is currently the case by decision of the Minister of State, with annual review), which is currently drawn up solely as part of the fight against doping, with a more institutional procedure and consultation of players other than the Monegasque Anti-Doping Committee.
• Recognition of the category of "hopeful" ("espoir") athlete, whose status may be granted to athletes with high potential athlete with proven sporting ability but who does not meet the requirements for inclusion on the list of high-level sport.
• Recognition of a modified timetable and school rhythm within secondary schools for pupils selected by the Monegasque Olympic Committee (by way of exception, the scheme may concern young people practising a discipline not included in the Olympic Games programme, but always subject to the requirement of a level of excellence).
• Introduction of sports leave ("congé sportif") entitling to a maximum of 12 days' leave over the course of the year, barring exceptional dispensation, to take part in high-level competitions, without loss of pay (these days of sports leave would be considered as actual working time). High-level athletes, essential members of their support staff, judges or referees, and volunteer technical or administrative managers from an approved sports federation or the Monegasque Olympic Committee would be eligible.
• Recognition of the "high-level sportsperson" agreement (convention de "sportif de haut niveau"), a "five-party" contract (high-level sportsperson, State, sports federation of which he or she is a member, Olympic Committee and employer) determining the conditions of employment within the company of the high-level sportsperson so that his or her professional activity can be compatible with his or her training, competition and education programme.
• Provisions relating to the ethics of high-level athletes.

— Health protection (Art. 61 to 71):

• Monegasque law already provides for a control system for access to sporting activities (Law no. 538 of 12 May 1951, which would be repealed).
• Enshrinement in the Law of medical monitoring for sportsmen and women.
• Modernisation of the rules currently governing the protection of health (in particular those relating to the medical certificate required to obtain or renew a sports federation licence).
  Modification of the rules governing the Centre Médico-Sportif (to bring them into line with the practice of the said Centre).
• Prevention of the health risks inherent in intensive sporting activities: high-level sportsmen and women and professional sportsmen and women are required to undergo medical monitoring (under conditions specified by ministerial decree).

— Anti-doping (Art. 72 to 97):

• The "need to update standards, in view of the constant development of doping techniques and methods, combined with scientific developments and progress in anti-doping prevention and control mechanisms, justifies most of the rules remaining within the regulatory sphere currently in force and not being raised to legislative level".
• The Law would determine the conditions for adopting repressive measures for doping offences (there is currently no specific criminal offence, unless doping offences are reclassified as criminal offences, for example the use of or trafficking in narcotics) in addition to the disciplinary sanctions currently introduced by the regulations in force: punishment of behaviour consisting of resisting doping controls, possessing prohibited substances or methods without a justified medical reason, manufacturing, importing, marketing or using doping products, as well as prescribing, encouraging or assisting in the use of such prohibited substances.
• Specific provisions on animal doping are included.

— Conditions for public sports facilities (Art. 98 to 103):

• Compliance (town planning and safety rules, technical rules for competitions issued by national or international sports federations - homologation).
• Determination of the fundamental principles applicable to the allocation of time slots and the conditions of access to and occupation of sports facilities "with a view to ensuring that arbitration and administrative decisions can be made on a legal basis that is secure and adapted to the realities of Monaco" (the existing texts only state which bodies are responsible for organising the allocation of time slots).

— Increased safety at sporting events (art. 104 to 113):

• The organiser is required to take out insurance, subject to criminal penalties, covering not only his own liability but also that of his employees, whether voluntary or salaried, or even that of any other person assisting in the organisation, as well as that of participants.
• Obtaining an administrative authorisation issued by the Government Councillor-Minister for the Interior (which may be accompanied by special security requirements, such as the deployment of a security service).
• Transferring the existing criminal provisions (Art. 163-1 to 163-4 of the Criminal Code from Law no. 1.478 of 12 November 2019 reforming the sentence law) into Law and supplementing them. Punishment of behaviour relating to the consumption of alcoholic beverages, hateful, racist or xenophobic behaviour and incitement to hatred or violence, behaviour relating to the carrying or use of "dangerous" objects (rockets, fireworks, etc.) and the throwing of projectiles.

— Exploitation of sporting events (Art. 114 to 119):

• Recognition of the existence of ownership of sporting events and competitions, since it must be possible for the organiser of the event to have a monopoly on exploitation, and the organiser may enter into any agreement with a view to partnerships or the broadcasting of the event by appropriate audiovisual means.
• Limits to the right of commercial exploitation: reconciliation with the public's right to information, in particular that of the press (journalists' access to sports facilities and venues or the possibility of freely obtaining "short extracts" via electronic public communication services).

— Definition of the status of non-institutional players in sport (Art. 120 to 131)

• Regulation of the activities of sports educators, trainers and coaches, "reflecting a twofold concern: on the one hand, to protect users and, on the other, to regulate an economic activity by first of all requiring diplomas and professional qualifications".
• The French provisions were the inspiration for the qualification and skills requirements and the insurance obligation.
• Other conditions are specific to Monaco: administrative authorisation from the Minister of State, reputation checks (guarantees of "good repute" which will concern both the person receiving remuneration for their activity and the person carrying it out on a voluntary basis, for example within a sports association or federation).
• Sports associations and federations will be obliged to declare to the Department of the Interior the engagement of any person called upon to carry out, on a voluntary basis, one of the activities covered by the law. "The revelations of cases of sexual violence in the world of sport in France over the last few years have highlighted a request from various players in the sport, in particular the French sports federations, to set up a system for checking the good repute of volunteer instructors and operators of establishments licensed by the federations".
• Authorised persons would hold a "sports trainer professional card" for a period of 5 years.
• Physical and sports education teachers are deemed to have the qualifications required to teach physical and sports activities on a private basis, outside school hours, including leading or supervising activities.
  activity, including leading or supervising it.
• Establishment of a "sports teaching police force": in addition to the general powers of the
  Minister of State for the preservation of public order, recognition of the possibility for the Government Councillor-Minister of the Interior to intervene quickly, by means of a reasoned decision (temporary ban on practising for a maximum of 3 months, subject to judicial review).
• Criminal provisions "in order to provide both a preventive and repressive response to what is today a real threat, particularly for minors, who should not be exposed to the risk of unacceptable attacks committed in the sporting environment".

— Legal status of "sports agents" (Art. 132 to 142):

• As it stands, this activity is governed by the ordinary law governing legal and economic activities, which derives from Law no. 1.144 of 26 July 1991 and is implemented by the Economic Development Department (DDE). Although proof of a sports agent's licence obtained from a sports federation and a standard wording for the activity must be provided, these general regulations do not include any verification and control elements specific to this activity.
• The Law would complete the conditions of access to the profession and provide for rules of practice in order to be able to develop the economic activity from the territory of the Principality, "inspired by French law, taking into account, here again, the interweaving of the Monegasque and French systems and the interest in terms of legal certainty that the use of similar concepts or legal notions may present".
• The legal definition of the activity would be based on the concept of intermediary, i.e. the bringing together of two or more persons for remuneration with a view to concluding an agreement.
• Following the example of French law, Monegasque law would provide for an incompatibility regime that would make it impossible to issue a licence if the applicant: 1°) performs sports management or training functions; 2°) has been sanctioned by a disciplinary decision at least equivalent to a suspension by a sports federation; 3°) is a shareholder, partner or employee of a company employing sportspeople for remuneration or organising sports events.
• As the Law does not intend to give the Monegasque sports federations the responsibility and burden of
  themselves to issue sports agent licences for their discipline, the applicant would have to justify
  that he can practice in France, whose regulations are considered to be among the most stringent in Europe.
• For non-EU nationals, it is envisaged, as in the French system, that a sports agent from a non-EU country will be required to enter into an "introductory agreement" with a sports agent legally authorised to practice in Monaco on a permanent basis (establishment) on a temporary or occasional basis.
• Further work is likely to be carried out on this issue, "because the activity of sports agent often has an international dimension due either to the nationality of the agent, the nationality of the athlete, or the nationality of the employer of the athlete, the regime to be determined proves to be complex, moreover
  with a changing and disparate legal environment".

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Structure of Bill no. 1088

PART I - THE INSTITUTIONAL ACTORS

CHAPTER I - THE STATE

CHAPTER II - THE MUNICIPALITY

CHAPTER III - THE MONEGASQUE OLYMPIC COMMITTEE

CHAPTER IV - THE MONEGASQUE ANTI-DOPING COMMITTEE

CHAPTER V - SPORTS ASSOCIATIONS

Section 1 - Common provisions

Section 2 - Special provisions

Subsection 1 - School sports associations

Subsection 2 - Company sports associations

Subsection 3 - Sports companies

CHAPTER VI - SPORTS FEDERATIONS

Section 1 - General provisions

Section 2 - Special provisions

Subsection 1 - Approved sports federations

Subsection 2 - The licence

CHAPTER VII - COMPULSORY INSURANCE

PART II - SPORT AT SCHOOL

PART III - HIGH-LEVEL SPORT

CHAPTER ONE - HIGH-LEVEL AND ESPOIR ATHLETES

CHAPTER 2 - SPORTS LEAVE

Section 1 - Definition

Section 2 - Determination of beneficiaries

Section 3 - Special provisions

Section 4 - Procedure

Section 5 - Duration

Section 6 - Determination of compensation and terms of payment

Section 7 - Final provisions

CHAPTER III - THE "HIGH-LEVEL ATHLETE" AGREEMENT

CHAPTER IV - ETHICS FOR ELITE ATHLETES

PART IV - MEDICAL MONITORING OF ATHLETES

CHAPTER I - GENERAL PROVISIONS

CHAPTER II - MEDICAL SURVEILLANCE OF PROFESSIONAL ATHLETES

CHAPTER III - MEDICAL MONITORING FOR HIGH-LEVEL ATHLETES

CHAPTER IV - THE SPORTS MEDICAL CENTRE

PART V - THE FIGHT AGAINST DOPING

CHAPTER I - PRELIMINARY PROVISIONS

CHAPTER II - DEFINITION OF DOPING

CHAPTER III - PREVENTING AND COMBATING DOPING IN SPORT

Section 1 - Organisation of the prevention of doping in sport

Section 2 - Organisation of the fight against doping in sport

Section 3 - Penalties for doping offences

CHAPTER IV - THE FIGHT AGAINST ANIMAL DOPING

PART VI - SPORTS FACILITIES, ARENAS AND EQUIPMENT

CHAPTER I - DEFINITIONS

CHAPTER II - DRAWING UP A MASTER PLAN

CHAPTER III - CONDITIONS OF USE

PART VII - SPORTING EVENTS

CHAPTER I - COMPULSORY INSURANCE

CHAPTER II - ADMINISTRATIVE AUTHORISATION

CHAPTER III - BREACHES OF SECURITY AT SPORTING EVENTS

CHAPTER IV - THE RIGHT TO EXPLOIT SPORTING EVENTS

PART VIII - TEACHING SPORT FOR REMUNERATION

CHAPTER I - SCOPE OF APPLICATION

CHAPTER II - QUALIFICATION REQUIREMENTS

CHAPTER III - OBLIGATION OF GOOD REPUTE AND INSURANCE

CHAPTER IV - OBLIGATION TO OBTAIN ADMINISTRATIVE AUTHORISATION

CHAPTER V - POLICING OF SPORTS TEACHING ACTIVITIES

PART IX - SPORTS AGENTS

PART X - FINAL PROVISIONS