By Jean Baptiste Guillot, Partner and Virginie Molho, Counsel

THE LAW AIMED AT DEMOCRATISING SPORT IN FRANCE FINALLY PASSED.

Definitively adopted on February 24, 2022 by Parliament, the law aimed at democratizing sport in France has been published in the Official Journal of the French Republic on March 3rd, 2022

Initially composed of eleven articles, this law now contains fifty-nine.

Its main purposes are the following: to democratise sport for all; to modernise our sports governance; to protect participants; to strengthen our economic model, which has been affected by the health crisis.

This law is structured around the following three titles:


Title I On the Development of Sport for the Greatest Number

The provisions contained in Title I aim to make sport more accessible to all, in all territories, at all ages and at all times of life.

In this vein, the law consequently reinforces access to sport for people with disabilities.

This text also makes it possible to carry on the public health policy relating to sport and health initiated years ago in our country by including provisions about sport and health centres in the law.

The extension of medical prescriptions of adapted physical activity (APA) to chronically ill people or those with risk factors, as well as to people losing their autonomy, is another significant step forward in this text.

Finally, the law simplifies the rules applicable to the presentation of a medical certificate for the subscription of a licence and registration in a sporting competition, entrusting the federations with the responsibility of defining them.

Title II relating to the Renewal of the Framework of Governance of Federations, their Decentralised Bodies, Professional Leagues and Representation and Conciliation Bodies 

We approve the will of the members of parliament to increase transparency in the functioning of sports bodies, to open up to a greater number of women the possibility of contributing to the development and influence of federations and leagues in order to achieve parity in their governing bodies, in 2024 at the national level and in 2028 at the regional level.

Also, limiting to three the maximum number of terms of office for federation presidents, will allow for a democratic renewal of these bodies.

Furthermore, we welcome the growing role of clubs in federal elections and the representation of high-level sportsmen and women, coaches and referees in the federations' governing bodies.

These provisions, as well as the limitation of the number of mandates in sports bodies, will also apply to the board of the French National Olympic and Sports Committee and the French Paralympic and Sports Committee.

This new law also makes it possible to fight against homophobic and transphobic discrimination by allowing associations which combat LGBTQ + -phobia to bring civil actions. It sanctions psychological, sexist and sexual violence in sport. Finally, this text prohibits the manipulation of sports competitions by fighting against illegal betting sites.

Title III On the Economic Model of Sport

This title crystallizes long-awaited progress by the sport movement such as:

  • Legislative recognition of the platform to fight against the manipulation of sports competitions,
  • The possibility for professional leagues to create commercial companies for the marketing and management of the exploitation rights of the sports events or competitions they organize,
  • The possibility for sports companies to form cooperative companies of collective interest, and
  • The extension from three to five years of the duration of the first contract for young professional athletes. 

We hope that the application decrees for this law will be adopted quickly, particularly in view of the Paris 2024 Olympic and Paralympic Games.

Jean Baptiste Guillot

Jean-Baptiste Guillot

Partner

Jean-Baptiste Guillot handles mergers and acquisitions, strategic partnerships, commercial law, company law and contract law matters, with a particular focus on international transactions for Canadian, British and French companies.

Portraits GINESTIÉ MAGELLAN PALEY-VINCENT 2021

Virginie molho

Counsel

Virginie has acquired a solid expertise in sports law allowing her to support players in the sports industry in all types of legal issues in commercial law, company law, association law and social law applied to sport.