CYIL 2014

EUROPEAN ANTIǧDISCRIMINATION LAWAND THE LEGAL STATUS OF PROFESSIONAL ATHLETES cases which, so far, have been decided by the ECJ. The lack of authoritative case law concerns gender discrimination to a less degree, on which the ECJ has been ruling fairly often, but especially discrimination based on race, religion, or sexual orientation. Also at the national level, the number of anti-discrimination lawsuits is rather low. 16 The case of FC Steaua Bucureşti, which was decided by the ECJ about one year ago, 17 can therefore be welcomed as the proverbial white crow. 4. The case of FC Steaua Bucureşti 4.1 Facts of the case The ECJ, in this unique case, issued its judgment with respect to a reference for a preliminary ruling made by a Romanian Court (Curtea de Apel Bucureşti). The national court had to deal with the legal dispute between a non-governmental organization’s advocating gay rights (Asociatia Accept, hereinafter Accept) and the national authority for the resolution of discrimination disputes (Consiliul Naţional pentru Combaterea Discriminării, hereinafter Consiliul National). Actually, the football club Steaua did not appear in the proceedings before the ECJ. Before the ECJ only Asociatia Accept, Consiliul National, the Romanian Government and the European Commission presented their legal arguments. The starting point of the dispute at the national level had been a public statement of Mr. George Becali, who is a striking personality not only in Romania but also with respect to European soccer. In a television interview he announced that he would rather close down FC Steaua than to take a homosexual player in the team. He added that FC Steaua was his family and that there was no room for homosexuals in his family. 18 At that time some media wrote about the possible transfer of the Bulgarian central defender Ivan Ivanov to FC Steaua. Mr. Ivanov had never publicly confirmed that he was homosexual and, on the contrary, he had denied such rumors. However, 16 See e.g. the report on the state of human rights in the Czech Republic in 2012 which has been issued by the Human Rights Council of the Czech government. Although victims of alleged discrimination are systematically supported by the Ombudsperson of the Czech Republic (Defender of Rights) and non governmental organizations, there have been only three anti-discrimination lawsuits in 2012. For the Czech version of the report see http://www.vlada.cz/assets/ppov/rlp/dokumenty/zpravy-lidska-prava cr/_zprava-konecna-verze_.pdf. 17 Case C-81/12 Asociaţia ACCEPT v. Consiliul Naţional pentru Combaterea Discriminării (judgment of 25 April 2013). 18 The first part of the statement as quoted by the Romanian court reads: “Not even if I had to close [FC Steaua] down would I accept a homosexual on the team. Obviously people will talk, but how could anyone write something like that and, what’s more, put it on the front page … Maybe he’s [the football player X] not a homosexual … But what if he is? I said to an uncle of mine who didn’t believe in Satan or in Christ. I said to him: “Let’s say God doesn’t exist. But suppose he does? What do you lose by taking communion? Wouldn’t it be good to go to Heaven?” He said I was right. A month before he died he took communion. May God forgive him. There’s no room for gays in my family and [FC Steaua] is my family. It would be better to play with a junior rather than someone who was gay. No one can force me to work with anyone. I have rights just as they do and I have the right to work with whomever I choose.”

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