Progressing towards a legislative framework for Sports in the Principality of Monaco: Key points of Bill Project n°1088

On the 19th of December 2023, the Government submitted to the National Council the bill project n°1088 regarding sports.

This project aims to establish a Monegasque sports law “within a comprehensive and efficient legal framework” to foster, protect and regulate the practice of sport and related activities.

It is structured around nine major themes: public and private institutional players, sport in schools, elite sport, medical monitoring of athletes, the fight against doping, sports facilities and equipment, sporting events, teaching sport for remuneration and the status of sports agents.

The State and the Municipality, major actors in Monaco’s sports legislation

The State would officially become a key player on the Monegasque sports scene by implementing defined public policies, accompanied by investments.

Advised by the National Education, Youth and Sports Department and a new National Sports Committee, it would promote the practice of physical and sports activities.

To support the State in its mission, the Municipality would be responsible for managing public subsidies and deciding on the terms and conditions of use of public facilities.

The sport label: the cornerstone of quality in the sporting world

To prevent certain abuse and clean up the world of sport, a “sport label” will be created. This label is an administrative authorization issued by the Government Advisor, Minister of the Interior, after consultation with the National Committee of Sport.   

Sports associations meeting the following four criteria could be awarded this distinction by the State:

1. Bylaws ensuring good governance, 
2. Quality and honourability of supervisors, 
3. Insurance coverage, and 
4. An association project in line with national sports policy. 

This label would enhance access to public subsidies and facilities.

In addition, label-registered associations would make up the college of associations of the National Committee of Sport: a consultative body issuing opinions on draft legislation and regulations, and more generally on issues of common interest relating to sports policy.

A framework for the various sports: approval, sports companies, sports agent status, etc …

This bill proposal also supplements Law no. 1.355 of December 23, 2008, regarding associations and federations of associations. Sports federations will now be subject to approval, in particular for the organization of competitions awarding national or international titles or recognized in the various championships.

In addition, the federations would be responsible of communicating the results of these events to the various international sporting bodies but also of selecting, in conjunction with the Monegasque Olympic Committee, the athletes likely to represent the Principality on an international scale.

Furthermore, sports associations affiliated to a federation and usually organizing sporting events will have to set up a sports company to manage these income-generating activities, provided they generate revenue more than certain thresholds.

Audiovisual rights to sporting events are also affected by the bill project: ownership of these rights is formally assigned to the event organizer, while transfers remain authorized under certain conditions.

Finally, the Principality would create a genuine status for sports agents, with specific conditions of access, special rules on remuneration and conditions of practice, and also a system of incompatibilities.

The strengthening of anti-doping measures 

The Monegasque Anti-Doping Committee would be given responsibility for initiating disciplinary proceedings in doping cases.

New criminal offences would punish irregular behaviour, including opposition to control, possession of certain substances without medical reason, the practice of certain prohibited methods, the manufacturing, importing, marketing or use of doping products, as well as prescribing, encouraging or assisting the taking of such substances.

High-level athletes: a favourable but restrictive status 

The aim of this project bill is to reinforce the protection of top-level athletes, notably through the introduction of “sports leave”, personalized assistance and retraining schemes. 

We also note the tripartite “high-level athlete” agreement between the State, the athlete and his or her employer, which would create a coordinated framework beneficial to all concerned.

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In conclusion, the bill project no. 1088 is intended to lay the comprehensive foundations for a Monegasque sports law that respects both international requirements and the Principality's specific characteristics. Amateurs, professionals, event organizers and public authorities are all concerned.