a The New Sports Law in Spain Explained by Alejandro Escarrá Gil | Feb 8, 2021 | Alejandro Escarrá Gil, Sports Law
Soccer is the world’s most popular sport. It is played by 200 countries and adored by over six billion fans. Despite its immense popularity, however, there have been sport regulatory laws in place since 1990 that have hurt both the sporting agencies and the players themselves. In 2019, a new sports law was nally approved after being rejected by nine Secretaries of State. Although the new law was approved in 2019 by the Council of Ministers, steps need to occur before it becomes nalized into law, including approval by Congress. The new sports law in Spain highlights the intention to clearly rephrase the relationships between the various central, regional, and local administrations. This includes giving agents the same taxation and retribution system as a headhunter. It is also a long-sought solution to the many injustices in the sporting world regarding inequality and nancial transparency. Athletes will now have expanded nancial protection, in addition to other changes, such as players now having legal security.
ECONOMICS The new law will limit the right of professional competition leagues. They will no longer have more rights than leagues without organizer status. In addition, it will no longer be mandatory for clubs or leagues to become sports corporations. They will still have to abide by the same economic rules. WOMEN Women will be considered professional athletes moving forward. The new legislation will also include maternity provisions and employment protection for females, making it easier to access their constitutional rights. Women will then have a vote in the federations. The new law also regulates women’s equity, with a minimum of 40 percent being mandatory. YOUTH Athletes under 18 years of age will have a more de ned set of rights and responsibilities, as well as more protection, regardless of their amateur or professional status. The preprofessional category will also be added. GENDER EQUITY Not only will the new law include provisions for athletes with disabilities, but the creation of a Gender Commission will protect LGTB groups. All Federations will be mandated to ensure any member’s equality, regardless of sexual orientation or gender preference. The new law will guarantee an equal number of scholarships for athletes. There will also not be any gender discrimination when promoting the sport through media. SPORTS FEDERATIONS Transparency has long been an issue with sports federations. The new law will buckle down on good management and a code of standards. A Commission for Economic Control might also be created to mediate nancial complaints with authorities. An annual economic report will also be sent to the Higher Sports Council (CSD) with data on sports entity membership. In addition, members will no longer be able to accept lifetime charges anymore. Governing bodies’ mandates professional leagues will publicly make visible their codes of internal standards and regulations, and people will be able to view all budgets and nancial statements, including audits.
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