Greek sports law: sport and the state part 1

on Sunday, 01 April 2012. Posted in Regulation & Govenance Hits 537

Sport is a combination of physical and mental activities that is governed by a set of rules
or customs with social, educational, entertaining and cultural dimensions.1 In Greece
sport is characterised as a fundamental social right by the State and is protected at a
constitutional level.2 This article will focus on the recognition of sport as a fundamental
right in Greece. In part one of this article the author will examine the most important
parts of the Sports Law in Greece (law 2725/1999 the law), examining how sport
institutions are structured in Greece, and how this effects the relationship between the
stakeholders in sport.

The Constitutional recognition of sport in Greece

Sport is protected directly by the Greek Constitution; Article 16 (9) states that: Athletics
shall be under the protection and the ultimate supervision of the State. It is clear that the
Greek State characterises sport as a fundamental right with Article 16, referring to the
right to education and the freedom of arts and science. This right is primarily aimed at
sport at an amateur level; every citizen has the right to participate in the sport of his
favour and the State is obliged to provide them with the necessary facilities for their
sporting activities. Additionally, the State is under the obligation to encourage people,
especially young people, to participate in sport by organising specific programs at all
educational levels. Article 16 (2) cites that education is a basic mission of the State, and
the State shall focus, amongst other things, on the physical training of the Greeks.
The Constitution also establishes a social right in that people are free to create sport
unions and associations, under the supervision of the State. Therefore, limits can be put
on that specific right by the State. However, the States supervision of sports unions and
associations is primarily concerned with professional sport.
Article 16 (9) of the Greek Constitution expressly cites that the State shall make grants
to and control all types of athletic associations, as specified by law. The use of grants in

accordance with the purpose of the associations receiving them shall also be specified by
law. There is places a requirement on the State to finance sports associations in order for
them to achieve the purposes of their establishment. Furthermore, the law determines
how these grants are made; this provision creates a special relationship between the
State and the sport associations. The associations can use the grants given to them by the
State for the purposes that they decide, however, the State can control if those purposes
are related to the general objectives of the sports association. In that sense, sport
associations are autonomous as institutions under a special framework.
The law 2725/1999 has been revised several times. The law consists of 140 Articles and
is divided into 5 parts which deals with the organization of sport at an amateur and
professional level, and the way that the State can control the associations according to the
Constitution and the competent authorities.
3

Sport at an amateur level

Articles 1-58 of the law are dedicated to sport at an amateur level. The first chapter is
related to the prerequisites for the establishment of an amateur sports club. A sports club
may participate in the local sport associations as per Article 10. Sports associations aim
to promote their sport in a small geographical region and under the rules set by the
relevant sports federation. Local sports associations have a private law status.
Articles 19-30A of the law focuses on sports federations. A sports federation (private law
status) is the superior sports organization at a national level. Members of a federation are
local sports associations; according to Article 19 only one federation can be established
for a particular sport. The main aim of a federation is to advance the sport it represents at
a national level and promote the countrys sports culture abroad.
Article 31 (2) cites the conditions under which a licence can be obtained to be a trainer or
a coach. To be granted the status of a coach an individual is required to:

Hold a degree from a university department of physical education and sport

science in Greece or hold an equivalent qualification from a university outside of
Greece;
Show they have not been convicted for any offences mentioned in Article 3 (1) b,
c of the law;
Obtain a certificate from the local procurator that there have been no criminal
actions for offences mentioned in Article 3 (1) b of the law;
Provide a health certificate from the relevant authorities; and,
Pay a deposit of 150 euro.
4

Articles 33-36 are concerned with the status of athletes. According to Article 33 (2)
participation in sport is basically not a paid occupation, with the exemption of Article 85
of the law. In that sense, sport isfundamentally at an amateur level in Greece. Every
athlete in either amateur or professional level has the right to sign commercial contracts
or sponsorship agreements and participate in advertisements. The supreme obligation of

athletes is the participation in their national teams when they are asked to do so. Any
athletes that refuse to participate in the national team without any specific reason can be
banned with disqualification of the national league.
Articles 41-41Z addressees a major problems facing sport in Greece nowadays, violence.
Sports associations and businesses can be held responsible for violence before, during or
after a sporting event. A special committee has been established, The Permanent
Committee for the Treatment of Violence. The Committee observes the phenomenon of
violence at a sports event and reports this to the competent authorities. Furthermore, extra
measures, if needed, can be proposed by the Committee for a specific sports event of high
importance. The Committee also has the responsibility to co-operate with the media to
inform the public about the forthcoming sports events and promote peaceful participation
in sport.
Criminal sentences for those found guilty of violent offences at a sports event, up to 2
years imprisonment and a fine, are cited in Article 41, in case there is no other chance
of successful prosecution for other offence. This Article can be characterised as a special
criminal provision (lex specialis) which takes precedence over general Articles.
Furthermore, according to Article 41Z sport associations are empowered to take
disciplinary measures for the violation of Articles 41. Sports teams can be fined
depending on the status of a team as an amateur or a professional plus the requirement to
conduct 2 games without fans when the team responsible plays at home. Coaches and
athletes can be disqualified from at least 2 games of their team and fined. If members of
the chair of a sport club or other representatives that are related to the club are found
guilty, the measures can be the forbiddance of the entrance into the sport facilities during
a sports event, the derogation from the office for at least 6 months and payment of a fine
of at least 20.000 euro. The disciplinary measures for the associations of fans responsible
for violence shall be the forbiddance of entering the sport facilities during a sport event
for a time-span of 3 months to 2 years.
In part two the author will discuss how Greek Sports law affects professional sport.
Written by Konstantinos Margaritis.
1.

D. P. Panagiotopoulos, I. K. Anagnostopoulos, Sport Law (lecture diagram-in Greek), in http://www.fa3.gr/nomothesia_2/nomoth_athl/athldikaio/athlit-dikaio-parousiasi-apo-Pan-Anagn.htm.

2.

In most EU Member States there is no explicit constitutional provision concerning sport, most important examples could be Germany, The
Netherlands, Belgium, France, etc. In those countries the protection and promotion of sport is usually comprised in Articles related to freedom
of arts and science.

3.

The most important revisions were by Law 2858/2000, by Law 2947/2001, by Law 3057/2002, by Law 3262/2004 and most recently by Law
4049/2012. As long as the framework remained the same it is more convenient to refer to Law 2725/1999 as the sport law.

4.

This deposit can be changed by a ministerial decision.5 Specifically refers to professional athletes

Greek sports law: professional sport part 2

on Friday, 11 May 2012. Posted in Corporate Law, Regulation & Govenance Hits 478

In the second part of the this article the author examines Articles 59-118 of the
controversial Greek Sports Law, 2725/1999, and explains how these pertain to
professional sport in Greece.
Professional sports leagues are established under a ministerial decision from the Minister
of Cultural affairs on receiving an application from the representative sports federation.
Clubs that wish to participate in a professional league have to establish a department of
paid athletes and depute the economic administration to a natural or legal person. Cubs
that have established a department of paid athletes can modify this department and
establish a sports incorporated company based on Law 2190/1920 for incorporated
companies and the Sports Law.
Sports incorporated companies do not differ from other typical incorporated companies.
The purpose of the sports incorporated companies as it is defined in article 65: the
establishment, organization and administration of a professional sports club; the
organisation of official or friendly sports games in a professional level; the participation
of the club in other sports games; and the organization of sports events of general
interest.
Sports incorporated companies must include their names the name of the amateur sports
club that the company originates from, the field of sports that are going to participate in
and the words incorporated company and use the symbols and the colours of the
amateur sports club. As in all incorporated companies, the owners of the sports
incorporated companies are shareholders that express themselves through the general
assembly. The conditions under which someone can participate in a sports incorporated

company and the restrictions of this participation are cited in articles 67-74 of the Sports
Law.
The concept of the Sports Law which reflects the general policy about sports in Greece is
that all sports private actors are under the supervision of the State. As incorporated
companies, sports incorporated companies are controlled by the Ministry of Development
concerning the typical part of their establishment. For all other issues a Committee of
Professional Sports has been established under the supervision of the Ministry of Cultural
Affairs. The Committees main purpose is to ensure the compliance of all sports
incorporated companies with the Sports Law.
The competences of the Committee of Professional Sports are analysed in article 77A.
The Committee audits the books of the companies and their economic relations with the
athletes, the coaches and all the workers. Furthermore, the Committee reports the
violations of the Sports Law on behalf of the companies to the administrative and judicial
authorities and has the power to impose a fine (1,000-300,000 euro) without regard to the
further judicial decision. This fine can be escalated by the Minister of Cultural Affairs.
Articles 85-96 defines the relationship between professional athletes and the departments
of professional sports or sports incorporated companies. A professional athlete or athlete
with repayment1 is the one that has a relationship based on labour law with a sports
incorporated company or a department of paid athletes of a sports club. Therefore, any
type of agreement between the club and the athlete is based on labour law and the Sports
Law. The details concerning the lowest possible budget, the type of the contract and
every other issue related to the status of professional athletes are decided by Article 87
Sports Law; this is based on an agreement among the sports federation, the association of
sports incorporated companies and the association of the professional athletes. The
validity of a contract between an athlete and a professional club fluctuates between 6
months and 5 years.2
Football, being the most developed sport at a professional level in Greece, has a huge
impact on the economy and as such the Sports Law specifies the transfer status and the
economic payoff of the trainee football players. Trainee football players, during their
training period, cannot be transferred to any club in Greece or abroad without the
acquiescence of the sports company that the training academy belongs to. According to
Article 90 (1), athletes below the age of 18 cannot sign a professional contract. If the
sports company decides the trainees after the age of 18 are under the obligation to sign a
special contract of 5 years, otherwise they obtain the free player status. After 2 years pass,
the team can unilaterally terminate the contract without any consequences and the player
obtains the free player status. The monthly wages of a trainee football player are set by
the sports company but cannot be less than that stated in Article 87 of the Sports Law.
The law recognises the clubs invest time and money into the development of a player and
gives priority to those clubs to negotiate with their players.
Concerning the registration of players in a club, the Sports Law does not allow any
negotiation process to start between a professional athlete and a club other than the one

that he/she is registered within the official registration period.3 All contracts or
agreements signed as above are void; the only exception is for athletes that have the free
player status. Clubs that have not fulfilled their tax and insurance obligation cannot sign
any athletes; every contract or agreement signed is void and therefore the participation of
those athletes in sports games is illegal.
Articles 108-112 make a specific reference to professional football. Article 108 states
that professional football in Greece is a sport where teams are football incorporated
companies participate. The professional divisions in Greece are the Greek Superleague,
the Second Division and the Third Division. In order for a football incorporated company
to participate in the Greek Superleague they shall have at least 1.000.000 euro as a stock,
500.000 euro stock for participating in the Second Division and the lowest stock that any
other incorporated company shall have as is mentioned in Law 2190/1920 for
incorporated companies for participating in the Third Division.
Articles 113-118 refer to professional basketball. Being the second most popular sport in
Greece, basketball plays an important role in the sports culture of Greece; it also has a
quite big economic affect on society. The definition of the professional basketball player
is similar to the one of the professional football player as it is mentioned in the paragraph
above. The professional basketball divisions in Greece are the A1 and the A2 National
Divisions. For the participation in the A1 National Division a basketball incorporated
company shall have at least 235.000 euro and in the A2 Division 147.000 euro.

Justice in sports
Another important issue that the Sports Law contains is the one of disciplinary and
criminal responsibility. In Greece there are two level of jurisdiction in sports:
1. The jurisdictional body of first instance, the jurisdiction of which is analysed in
article 120 of the Sports Law; and,
2. The Supreme Council of Dispute Resolution in Sports, which acts as a court of
appeal concerning the decisions of the jurisdictional body of first instance.
The jurisdictional body of first instance is competent of trying cases concerning bribery
in sports, objections for the result of a game and disciplinary violations. The decisions of
the jurisdictional body of first instance can be appealed in the Supreme Council of
Dispute Resolution in Sports (under the conditions set out in article 121 of the Sports
Law) as well as the decisions of the sports associations and of the disciplinary bodies of
sports clubs. In the districts of Athens, Piraeus and Thessaloniki, a special Public
Prosecutor is appointed who is responsible for the criminal proceedings of crimes
committed during a sports event and because of a sports event.

Anti-doping policy
Doping is a major problem that sports authorities have to combat worldwide. Athletes
resort to chemical substances to achieve better results, violating the rules and values of
sport as well as putting their health in danger.4
To combat doping in sport within Greece the Greek the National Council for Fighting
Doping has been established. The Council is responsible for the general policy adopted
within this specific field and supervises the anti-doping control plan in co-operation with
the sports associations. Furthermore the Council designs and promotes special
informational programmes to explain the fatal effects of substances abuse to athletes and
the impairment that doping cause to the values of sports. In addition the Council proposes
the changes needed in order for Greece to be compliant with the anti-doping policies that
are adopted internationally and within the Council of Europe.
Where there is a violation of the anti-doping rules the penalty can be in disciplinary and
criminal level. According to article 128H for an athlete the disciplinary measures can be:

Written reprimand;
Temporary ban on participation in any kind of sporting events and tournaments
for all sports;
Lifetime ban on participation in any kind of sporting events and tournaments for
all sports;
Deprivation of all kinds of benefits and advantages of the State and the sports
federations and any tax exemptions and interruption of any fellowship that has
been granted;
Return of any financial benefit given from the day of the violation;
Fine up to 100.000 euro for professional athletes;
Deduction or exclusion from participation in government, body or committee of
any sports organisation.

For all other actors of sports the measures can be:

Temporary ban on participation in organising and conducting meetings and

sporting events and exercise its duties in conducting the above;
Lifetime ban on participation in organising and conducting meetings and sporting
events and exercise its duties in conducting the above;
Deduction from the administrative position held in any sport and ban from any
sports body representation;
Fine up to 200.000 euro for actors related to professional sports;
Referral to a special commission, the Commission of Sporting Attitude to Article
130 of the Sports Law.

There are criminal sentences (article 128) for those who violate the anti-doping rules.
For those found guilty of supplying athletes with any of the substances mentioned in
article 128 of the Sports Law, there is a minimum 2 years of imprisonment and up to 10

years if the athlete supplied which the substance is under 18 years old; the same
sentences apply for the producers of banned substances. Imprisonment up to 2 years can
face an athlete that uses one of the illegal substances of article 128.

Conclusion
The Sports Law provides a clear graduated set of disciplinary sanction and criminal
sentences for crimes of violence and doping in sport. However, it has been claimed that
Sports Law goes to far and is makes the administration of sport unnecessarily more
complicate; too many committees and councils have been established on its provisions,
with concerns being raised over their competence, creating a more bureaucratic sports
system.
The constitutional recognition of sports is rare among the constitutions of most nation
states. It can be argued that the protection given under article 16 (9) of the Greek
Constitution was sufficient for the State to protect and develop the sports culture within
Greece. As it stands the Greek State has tried to protect the values of sport by exerting
controls of all organisations and associations related to sports. It remains to be seen if this
encroachment of the self-regulation of sport is a step too far.
Written by Konstantinos Margaritis.
1 The FIFA Regulations on the Status and Transfers of Players do not recognize the term athlete with repayment (article 2). In
practice the separation in Greek Sports Law is almost out of importance.
2 The Greek Sports Law is at that point in conformity with article 18 (2) of the FIFA Regulations on Status and Transfer of Players.
3 For example the registration periods in football are cited on article 6 (2) of the FIFA Regulations on Status and Transfer of Players.
4 A comprehensive reference of all illegal substances can be found in article 128 of the Sports Law.

Bibliography

P. D. Dagtoglou, Constitutional Law Human Rights A, Ant. N. Sakkoulas

Publishers, Athens-Komotini, 2nd edition, 2005 (in Greek).
S. Kousoulis, A. Malatos, Sports Legislation, Ant. N. Sakkoulas Publishers,
Athens-Komotini, 2002 (in Greek).
A. Loverdos, The Protection of Sports as an Individual and Social Right,
Proceedings of 1st international conference of sports law, Athens 1993 (in Greek).
A. Malatos, Scientific Approach to Sports Law, Ant. N. Sakkoulas Publishers,
Athens-Komotini, 2006 (in Greek).
P. Poulis, Introduction to Public Law, Ant. N. Sakkoulas Publishers, AthensKomotini, 3rd edition, 2007 (in Greek).