The law of August 24, 2021 reinforcing respect for the principles of the Republic has given rise to the application of various measures with the aim of “fight against separatism and attacks on citizenship. » Fight against online hatred, neutrality of public services, control of places of worship, control of children’s education… This law also requires – since January 1, 2022 – associations to commit to respecting the secular character and the principles of the Republic through the signing of a Republican Engagement Contract (CER). This signature is mandatory for subsidized or approved associations. Failure to comply may result in the grant being withdrawn.

As a reminder, the association or foundation that signs this CER undertakes to “respect the principles of freedom, equality, fraternity and dignity of the human person, as well as the symbols of the Republic”; not to question the secular character of the Republic; and to “refrain from any action that undermines public order” (read Mayor info of January 6). The contract is based on seven commitments (respect for the laws of the Republic, freedom of conscience, freedom of members of the association, equality and non-discrimination, fraternity and prevention of violence, respect for the dignity of the human person, respect for the symbols of the Republic).

On Saturday, a new implementing decree for the “law confirming republican principles” against the “separatism” was published at Official newspaper. It details the adaptation of this rule to the sports world, that is to say to local sports associations and sports federations.

The sporting world submitted to the CER

This decree of June 10, 2022 “aims to specify the conditions for issuing and withdrawing approval granted to sports associations and sports federations. »

The Sports Code provides that “sports associations can only benefit from state aid if they have been approved” and that this same approval “is notably based on the existence of (…) the subscription of a republican contract of engagement. »

The world of sport is no exception and new rules are detailed in the decree with some specificities, particularly in terms of procedures. Concerning the application for approval, for example, in addition to the supporting documents listed in article R. 121-4 of the Sports Code, the association must join “the document by which the legal representative of the association swears that it undertakes to respect the republican contract of engagement. »

Another novelty: “When it informs the prefect of the department of the seat of the sports association of the affiliation of the latter, the approved sports federation” must also now “attach the certificate of subscription to the republican contract of engagement. »

A license that can be revoked

It was already planned that the approval “granted to a sports association or resulting from its affiliation to a sports federation approved by the State (…) can be withdrawn by the prefect of the department of its headquarters in the event of non-compliance with the statutes; serious violation, by the association, of its statutes; harm to public order or public morals; ignorance of health and safety rules; ignorance of the provisions requiring the qualification of persons who teach, animate, train or supervise a physical or sporting activity. »

But this recently published decree adds that “if the activities of the sports association or the methods according to which it pursues them disregard the commitments of the CER that it has subscribed to, the prefect of the department of its headquarters proceeds, depending on the seriousness of the breach, to the suspension or withdrawal of approval. » The suspension of approval is valid for 6 months, specifies the text, but can be shortened “if the association proves that it once again respects the Republican contract of engagement. » On the other hand, after six months, the prefect can carry out a permanent withdrawal of approval.

In this precise case, “the order suspending or withdrawing is communicated to the mayor of the municipality where the association’s headquarters are located, to the president of the public establishment for inter-municipal cooperation and, where applicable, to the federation to which the association is affiliated. sports Association. »

The federations also concerned by the CER

To receive accreditation, federations must also meet certain conditions such as the adoption of “statutes containing provisions which guarantee “the democratic nature of their elections and their functioning”, “to have subscribed to the republican contract of engagement” justify an existence of at least 3 years or even “prove that they are able to participate in the implementation of public service missions relating to the development and democratization of physical and sporting activities and to offer their members the administrative structures and technical supervision required by the practice of discipline and the protection of the physical and moral integrity of persons, in particular minors. »

Article R. 131-5 of the sports code details the documents that a federation must attach to its application for approval and the decree specifies that, henceforth, the application for renewal of approval must be made at least four months before the end of the latter to the Minister in charge of sports. “The approval can be withdrawn if the activities of the federation or the methods according to which it pursues them disregard the commitments of the republican contract of engagement. »

New missions assigned to the federations

Once the approval is in hand, a sports federation must participate in the promotion and dissemination “the principles of the republican commitment contract with its members presenting the status of association affiliated to the federation; licensee of the federation; a for-profit organization whose object is the practice of one or more disciplines of the federation and which they authorize to issue licenses; organizations which, without having as their object the practice of one or more disciplines of the federation, contribute to the development of one or more of these; and sports society. »

In concrete terms, the approved federations undertake to send the CER to their members, “to disseminate and promote the principles of the republican commitment contract to its employees, employees or volunteers and to holders of titles allowing participation in the sports activities of the federation” and finally to organize training sessions relating to the detection, reporting and prevention of behavior that contravenes the principles of the Republican contract of engagement.

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