Time to act: Europe’s political response to fighting the manipulation of sports competitions
- Parliamentary Assembly
adopted by the Standing Committee, acting on behalf of
the Assembly, on 12 October 2020 (see Doc. 15116, report of the Committee on Culture, Science, Education
and Media, rapporteur: Mr Roland Rino Büchel).
Referring to its Resolution 2336 (2020)
to act: Europe’s political response to fighting the manipulation
of sports competitions”, the Parliamentary Assembly wishes to emphasise
the urgent need to fight the ever-expanding and thriving organised
crime, money laundering and illegal betting in sport, which are increasingly
used by international criminal networks behind the manipulation
of sports competitions at all levels and in all fields. Indeed,
these criminal networks benefit from uncontrolled betting markets,
a weak culture of governance and compliance by sports governing
bodies, loopholes in the legislation of different countries and the
absence of more comprehensive and stronger international data exchange
and judicial co-operation able to counter them.
2 The Assembly underlines that the Council of Europe Convention
on the Manipulation of Sports Competitions (CETS No. 215, Macolin
Convention) is a unique worldwide tool that provides a comprehensive framework
for collectively fighting the risks of crimes related to sports
betting. Its implementation is of pivotal importance for keeping
sport safe, credible and based on fair play.
The Assembly remains seriously concerned, however, that one
single member State has managed to slow down the ratification of
the convention by using its de facto
powers within the Council of the European Union to block other European
Union (EU) member States from becoming parties to the convention.
It underlines the long-standing practice of including and involving,
on an equal footing, all Council of Europe member States in the
drafting, implementation and monitoring of the Organisation’s treaties.
It therefore calls on the Committee of Ministers to:
3.1 encourage all member States,
which have so far not done so, to ratify the Macolin Convention
as urgently as possible;
3.2 allocate sufficient human and financial resources in order
to extensively advocate, communicate and support the launching of
new relevant convention-based and intergovernmental activities in
which member States should be able to participate on an equal footing.
The Assembly reiterates its concern already expressed in its Recommendation 2114 (2017)
“Defending the acquis
of the Council of Europe:
preserving 65 years of successful intergovernmental co-operation”, pointing
to the fact that the reality of post-Lisbon EU competences is not
reflected in the Council of Europe Statute, the Rules of Procedure
of the Committee of Ministers or of intergovernmental committees,
which creates regular tensions, raises questions and generates the
need for legal opinions. Bearing in mind that transparency and dialogue
are fundamental to effective co-operation, the Assembly invites
the Committee of Ministers to:
its texts which do not reflect the reality of EU competences, in
particular Resolution CM/Res(2011)24 on intergovernmental committees
and subordinate bodies, their terms of reference and working methods,
and its own Rules of Procedure;
4.2 draft a common agreement with the European Union defining
the general principles of the participation of the European Union
in Council of Europe conventions, which could set out the applicable principles
and provide for general operating rules such as voting rights, speaking
rights, reporting and financial arrangements.
5 The Assembly appeals to the Committee of Ministers not to
open discussions on the amendment of any provisions under Article
38 of the Macolin Convention.