Breaking Boundaries: Evolution of Sports Professionalism in Europe

On the 23rd of March, 1981, a groundbreaking law was enacted in Italy, aiming to regulate sports professionalism and secure the rights of professional athletes. Law 1981/91 was a pivotal step towards providing athletes with employment contracts, healthcare benefits, and insurance coverage. A visionary move ahead of its time, the law recognized athletes as workers, granting them essential protections. However, lurking within this milestone legislation was a critical flaw, one that still haunts the world of sports today.

Law 81/91 left a decisive choice in the hands of the Italian National Olympic Committee (CONI) and its Federations: to embrace sports professionalism or not. As a result, only four Federations out of 61 currently acknowledge sports professionalism - a striking disparity that renders the legislation ineffective for countless professional de facto athletes. These individuals, though engaging in continuous and paid sporting activities, remain classified as amateurs due to the failure of their respective federations to distinguish between amateur and professional athletes. Consequently, they find themselves without social security protection, entangled in a legislative gray area where injustice prevails.

For women athletes, this injustice weighs even heavier. Out of the four professional Federations, only the Italian Football Federation (FIGC) has extended professionalism to both male and female players. The gender pay gap rears its ugly head, as prizes, scholarships, and compensations vary significantly between men and women athletes. The federations' decisions regarding benefits and treatments exacerbate the issue, with the need for maternity leave among female athletes being unaddressed. Gender inequality has long plagued Italian sports, reflected in the meager representation of women in managerial positions and decision-making roles within sports organizations.

Yet, rays of hope pierce through the cloud of disparity. Inspired by the Italian association of women athletes, Assist, some politicians have rallied for gender equality and a redefinition of sports professionalism. A fund was instituted to address the lack of athletes' maternity leave, and the entire Italian sports legislation is undergoing revision, seeking regulatory simplification. This ambitious endeavor includes reformulating Law 81/91, redefining amateur and professional athletes, and facilitating the transition to professionalism for both men and women.

With the proposed set of new laws, sportspeople will gain more flexibility in their work arrangements, allowing them to work as self-employed, employees, or occasional workers. Financial and economic provisions will accompany this transition, ensuring that sports workers can generate income while being subject to taxes and social security obligations. Meanwhile, amateurs will remain uncompensated, receiving only occasional bonuses and compensations tied to their performance in sporting competitions.

Born primarily for football, sports professionalism has yet to spread its wings beyond the pitch. Despite government funds allocated for the transition and labor protections in women's sports, resistance from federations and clubs remains evident. Financial concerns and economic pressures exacerbated by the COVID-19 pandemic further complicate the process. It raises the question of whether the hesitance to adopt professionalism is a reflection of an exploitative system, one that benefits from athletes' uncertain status.

The issue of sports employment and professionalism is not unique to Italy; it resonates across Europe. A comprehensive EU-wide research project funded by the European Commission, the EMPLOYS Fact Report, sheds light on the conflicts arising between elite athletes and international sports organizations. To ensure social security protection and uphold athletes' rights, national laws must align with EU regulations on sporting labor relations. But bringing about change is not a simple feat; it demands intermediate steps and provisions to facilitate the transition to professionalism.

In the quest for true sportsmanship and fairness, the European sports community stands at a critical crossroads. Embracing a new era of sports professionalism requires collective courage, determination, and a genuine commitment to uplift the athletes who make the games we love possible. Only by joining forces and breaking the chains of outdated norms can we forge a path towards a brighter, more equitable future for professional athletes across Europe.