José Manuel Franco, Secretary of State for Sport. /
The text recognizes sports activity as a “right” and advocates “equality, inclusion and modernization”, in order to create “a new legal framework for the sector”
The Congress of Deputies has approved the Sports Law that will renew the legal framework of the sector for the first time since 1990. After passing through the Senate, the text has received the green light from the Lower House, with the support of a majority of deputies, so it will enter into force in the coming weeks, once published in the Official State Gazette (BOE).
The regulation responds to a need that has been going on for decades and, as highlighted by the Higher Sports Council (CSD) and its president, José Manuel Franco, recognizes sports activity as a “right” and advocates “equality, inclusion and modernization”. , in order to create “a new legal framework for the sector adapted to the current reality”.
«With the transformation of the legal framework of sport, we respond to an old demand of the sector. The listening process, prior to the drafting of the text, made us see that the 1990 Sports Law had clearly become obsolete after three decades of validity”, Franco stressed regarding this regulatory text, which has come a long way before its final approval.
«This new law, which recognizes physical activity and sport as a fundamental right of citizenship, speaks the language of our time and attends to a much more developed and professionalized sport, at all levels; a sport based on the ecological transition, on the values that commit us to sustainable development and digital innovation; and that, furthermore, it is aware of its social dimension”, he adds, referring to a reality of sport that is very different from that of three decades ago, marked by professionalization.
Equality, inclusion and modernization
One of the pillars of this new Sports Law is found in the recognition of sports practice as a right and its consideration as an essential activity. In terms of equality, it also defends the idea that sport cannot be considered an exclusively male sector that vetoes women’s access to positions of responsibility, so professional federations and leagues will have the obligation to prepare an annual report in terms of equality and have a prevention and action protocol for situations of discrimination, abuse and sexual harassment.
Likewise, the normative text is committed to inclusion with the promotion of sports practiced by people with disabilities. It includes the promotion of the integration of all athletes under the same federation, being mandatory in cases in which the respective international federation has already done so.
Finally, it also regulates the status, rights and obligations of athletes, with the definition of professional and non-professional athlete, high level, qualified by the CSD, and high performance, qualified by the autonomous communities, as well as the figure of occasional athlete.
Free model in professional leagues
The new Sports Law eliminates the obligation to transform into a Sports Public Limited Company to compete in professional competitions and opts for a free model. In addition, the mandatory bank guarantee of 15% of the spending budget disappears.
Likewise, professional leagues and Spanish sports federations will be obliged to draw up a specific conciliation and co-responsibility plan with specific protection measures in cases of maternity and lactation, which must be made available to the sports entities that are members of the federation.
