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EU: Council of the European Union discusses the legal possibilities for exit, entry and stadium bans for sports fans (1)

16 January 2012

16.01.2012 - In November 2011, the Council of the European Union published Conclusions on strengthening police cooperation with non-EU countries in the area of sports events safety and security. They largely seek to boost the exchange of information (including personal data) between the authorities of EU Member States and the authorities of third countries, and encourage the development of institutions in non-EU countries that mirror those in EU Member States. The early discussions in the Council considered asking the Commission to undertake a proposed study on "exit bans, entry bans, and international stadium bans" but this was dropped in the adopted Conclusions.

The first (public) draft of the Conclusions appeared on 16 November 2011, with the aim of "[indicating] the directions and scope of further work" geared towards improving cooperation between EU and non-EU police forces at sports events. [1] They were submitted to the Law Enforcement Working Party (LEWP) for discussion in its meeting of 23rd November 2011 [2] following which, subject to a number of amendments, they were approved.

In the draft Conclusions dated 16 November, the Commission was invited to:

"Prepare a study on legal possibilities regarding exit bans, entry bans and international stadium bans relating to sports events, with the aim of proactively preventing the risk of fans creating trouble abroad as far as possible."

This statement was removed from the later, adopted, version of the Conclusions. [3] This was done at the behest of one or more Member State delegations (or the Commission) who raised the issue in the LEWP meeting of the 23rd November.

The minutes for the meeting state that the draft Council Conclusions were agreed and should be submitted to the Council for adoption, with the proviso that "certain modifications suggested by some delegations and the Commission" should be taken into account. These modifications included "deleting the paragraph on exit and entry bans."

Sources
[1] Draft Council Conclusions on strengthening police cooperation with non-EU countries in the area of sports event safety and security, 16 November 2011 (16593/11)
[2] Outcome of proceedings of: Law Enforcement Working Party, 23 November 2011 (17540/11)
[3] Draft Council Conclusions on strengthening police cooperation with non-EU countries in the area of sports event safety and security, 25 November 2011 (17555/11)