The unbearable lightness of the regulation of the sports professions

Abstract

The persistent inactivity of the State on the regulation of the sports professions, prompted the legislative action of some specific Autonomous Community for drafting this at their territorial scope, which created some added problems to this absence of the state regulation that even caused the state legislator demanded the intervention of the goverment for correcting the malfunctions endured in this context. Nevertheless, it neither has brought the much-desired intervention of the State, nor has stopped the legislative Autonomous initiative in this context, to which four new laws have been joined. This involves the progressive consolidation of a model that, because the Autonomous competency limitations with respect to professional regulation, cannot accomplish a crucial task in the system. That is the differentiation at the levels of professional intervention through the necessary coherence among the obtained qualification and the performed activity. Moreover, the existing Autonomous regulations establish some own regulations which are different each other about denomination and requisites of access to the regulated professions that order and exacerbate the configuration of a fragmented market. What is more, this regulatory heterogeneity obstructs the realization of the collective bargaining of national level in the sector, since required occupational trainings by the current collective agreement in order to practice the roles of their professions differ with those that regulate these various Autonomous laws. All this, as justified, can be overcome only with the intervention of the State, via the practice of its exclusive powers over this matter.