I. Articles and Researches

 IN SPORTS ACTIVITIES WHEN THERE IS  LUDICA, LEX IS NOT BUT WHEN LEX IS, THEN ONLY LEX SPORTIVA IS !!!
As  a  category of sports Law

 Dimitrios P. Panagiotopoulos
Professor of Sports Law, University of Athens, Advocate, Attorney-at-law , Greece

 Diagram: Introduction, I. Sporting Contest: As a cause -generating rules of law, i. Generating cause, ii. Are sports rules legal rules? ,II. LexSportiva theory,III. A new aspect of internationalized sports law , i. Lex Sportiva – Lex Olympica: an unethnic Law of International Practice, ii. Homo Ludens theory  and Lex ,Conclusion

 Key words : Sporting legal order , "unethnic law, lex sportiva, Lex Olympica , lex mercatoria ,sporting contest (agon), Homo Ludens,


A NEW SPANISH LAW IN THE FIELD OF DOPING. QUO VADIS SPORT?

  Elena Atienza-Macías
University of Deusto, Researcher at the Inter-University Chair in Law and the Human Genome,
University of Deusto and University of the Basque Country UPV/EHU (Bilbao) Spain

Abstract: Why is doping a burning issue nowadays? Is sporting credibility at stake after corrosive doping scandals? What can be said about doping and physical enhancement? It is not new or unknown that the phenomenon of sport has acquired during the last decades a spectacular dimension, which has been effectively projected in many areas: (a) the social and cultural one; (b) the economic one and (c) the legal dimension, as doping regulation is a subject showing a deep normative shift. This paper especially considers the legal implications of doping from the Spanish legislation perspective. This country undertook the task of developing and enacting a long-awaited regulation: the Organic Law 3/2013, enacted on the 20th of June, protecting athlete’s health and fighting against doping in sports, which has been published on the 21st of June, 2013. Likewise, the 30th of April 2013 the Operation Puerto trial’s resolution was made public.

 Keywords: Doping / Spanish legislation / Spanish Agency for the Protection of Health in Sport / World Antidoping Agency / Operation Puerto trial.

 
THE PROPORTIONALITY OF THE SANCTION’S PRINCIPLE, ACCORDING TO THE ITALIAN AND INTERNATIONAL SPORTS LAW AND JURISPRUDENCE

 Paolo Garraffa(PhD)
Attorney-at-law in Italy, LLM on Sports Law, Italy   

 Abstract: By more and more time is establishing - among the sporting regulations and the sporting bodies judgments - the principle of proportionality of the sanction (with respect to the committed infringement). What is this principle? Is it codified (amongst the regulations) or it is the result of the practice and the development of case law? Why it is increasingly invoked by the stakeholders in the sport world?
These (and other) questions seeks to answer the following article, through the analysis of some of the decisions of the sporting courts, both national (italian) and international (especially CAS) sporting bodies.

Key Words:Proportionality - sanction – sporting regulations – Italian Code for Sporting Justice – FIFA Disciplinary Code – WADA Code – CAS – jurisprudence – football – doping;

 
LEGAL DOCTRINE CONCERNING CRIMINAL LIABILITY OF SPORTS PARTICIPANTS FOR SPORTS-RELATED INJURIES AND ITS REFLECTION IN THE CZECH REPUBLIC

 Michal Králík
Judge of the Supreme Court of the Czech Republic,Czech Republic - Europe

 Abstract: The criminal law approaches the issue of legal liability of sports participants for sports-related injuries in very diverse ways. This paper aims to provide a brief summarization of the most important trends that have crystallised during the twentiethcentury in the European legal theory and judicial practice concerning criminal liability of sports participants for injuries occurring during the practice of a sport. Based on the description of this general background, the paper further explains how this development in Europe has influenced the decision-making practice of the courts of the Czech Republic(See also other relevant publications of the author, for example: Králík, M.: Právo ve sportu. 1st edition. Prague: C. H. Beck, 2001, p.278 ). The information presented in this paper may be used for the purposes of comparison or as an inspiration on how to approach this issue in those countries that have no experience with criminal liability of sports participants for sports-related injuries.
 Key words:Criminal liability, sports injuries, Czech republic, sports law, criminal law

 
SPORTS INSURANCE COVERAGE: THE NIGERIAN REALITY

Ezekiel P. Mobolaji(Ph.D. in Law)
University of Benin, Benin City, Nigeria

Abstract: Sporting activities are generally recognised as being based in physical athleticism and involve varying degrees of risk due to physical contacts and over the years, the nature of sports has given rise to the development of a body of law known in contemporary times as “Sports Law”. Sports law encompasses different areas of law brought together in unique ways. Substantially, it has developed over the years to overlap with other aspects of law such contract, doping, labour, gender, antitrust, torts and insurance.
Each year, large numbers of people are injured while playing sports. An increasing number of these seek civil redress for their injuries. It is common place to find injured participants bringing their action against the defendant under the tort of negligence which presupposes the existence of a legal duty which has been breached. And scholars in the persons of Dougherty et al., Fafinski, Wong, Barwick, C.J. Schubert et al and James &MrArdle undertook a wholesome analysis of the roots of the liability explosion and argued that the recent propensity for tort liability among the sporting community has been strongly affected by factors that are mostly beyond the influence of the sports and physical activity profession. Such factors has been said to include, insurance short falls, the right to sue, doctrine of entitlement, settlements and the myth of being risk-free.
It is in this vein that this paper aims to stress the need for enforcement of tortuous liability for sports injuries in accompaniment with a reliable regime of affordable sports insurance sportsmen.

Key words: Sports Law,  contacts, contract, doping, labour, gender, antitrust, torts and insurance.

 

THE SCOPE OF THE LABOR RELATIONS IN PROFESSIONAL SPORTS

Olga A. Shevchenko
(Ph.D. in Law)
Assistant Professor, Kutafin University, Secretary General of the International Association of Sports Law, Moscow, Russia

 Abstract: The article discusses the problem of legal regulation of labor relations in professional sports. The author analyzes the nature of labor relations with professional athletes, the necessity and importance of including athletes in the scope of labor law. The author concludes that the labor of professional athletes can "coexist" with the defining features of the labor contract as performance of work in a particular occupation, profession, subordination to internal labor regulations, payment of wages (Article 15 of the Labor Code of RF), inclusion into employer’s collective body.Compliance of the specific contract with the specified complex of interdependent features allows adjusting the relations by general and special rules of labor law.
Key words: Professional sports, labor relations, athlete-, labor law.

 ADR TECHNIQUES FOR SETTLEMENT OF DISPUTES IN SPORTS

 Jalil Maleki
Professor, lawyer and dean of the law faculty, Islamic Azad University Central Tehran Branch, Iran,

Abstract: Increasing growth and development of sports, complexity and expansion of sport organizations, institutions and activities, ever complicating mechanisms of laws and their function in sports, on-going fundamental changes in sports facts and phenomena, media impacts and their analytic and international influence which goes far beyond the geographical borders of countries, even farther beyond the continents, have caused to be raised enormous differences and disputes in the area of sports which this necessitates efficient resolutions on such disputes.
On the other hand, there are some obstacles and limitations existing in the matter of referral of sports disputes to the specialized international institutions such as Court of Arbitration for Sports (CAS) due to different legal systems of the countries, question of conflict of laws, the international conventions granting right to the persons to raise their claim in the national and international courts, also some requirements which should observed as a matter of binding regulations in the statutes and regulations of the sports institutions and those relating to sports dispute resolution authorities, sometimes the compulsory jurisdiction of national courts of the countries as a matter of requirements of their constitutions as well as the other rules and regulations; thus, the existing situation gives rise to recourse to and application of the methods of Alternative Dispute Resolutions [hereafter “ADR”] by a third party and/or third parties who are mutually elected and appointed by the parties to the dispute in compliance with the rules of proceedings again mutually agreed upon by the parties. This is sometimes also referred to as “Private Justice”. This could well avoid from being involved in contradictory rules and regulations and will prevent from emergence of political biasing in decisions.
ADR methods are based on mutual agreement and consent of the parties to the dispute; with some particular features of such processes, ADR resolves the dispute in a specialized and expertise procedure with reliance on just and equitable guidelines, especially with regard to its features of amicable nature, flexibility, expedited processing, deploying specialized experts, variation of its methods, cost effectiveness, maintaining confidentiality, incrementing the contentedness of the parties to dispute, selectivity of third party, mutual consent of the parties in determining the proceeding rules, avoidance from conflict of laws, equitability of decisions, safe keeping good relations, non-intervention by the governments in the application of such methods, execution of decisions with mutual consent of the parties to dispute, etc.
From among these methods mention could be made of negotiation, mediation, conciliation, non-binding arbitration, neutral evaluation, mediation-arbitration (Med-AR), mini trial, fact-finding processes, mediation-arbitration based on the best proposal, etc.
It should be mentioned that ADR methods are not limited only to the processes named above, and the parties may have recourse to various methods of dispute resolutions with due regard to their mutual will, intention and consent, and the nature of their difference. It should be noted that lacking of uniform rules in different sports areas among the countries of the world has caused these countries to legislate some rules and regulations corresponding to the sovereignty of each country respectively; these rules sometimes give rise to contractual and non-contractual disputes in the sports areas which may differ and vary country by country, and as a result, in such a way the rights of the athletes will not be protected on an appropriate uniform basis.This is so while the sports are regarded as one of the ideals of human society which is enshrined, accepted and confirmed in international instruments and resolutions as a matter of tool and instrument for promotion of education, health and development, as is specially emphasized in paragraph 7 of Resolution 85/5 of General Assembly of the United Nations approved on 3rd November 2003. Therefore, it is required that the ground be paved for human exaltation by establishing uniform rules in all fields relating to the sports including the manner of uniform and efficient method of dispute resolution.
Keyword:Alternative, settlement, disputes

ABOUT THE EXPERIENCE OF LEGAL REGULATION OF PROFESSIONAL ETHICS FOR PHYSICAL EDUCATION PROFESSIONALS IN BRAZIL

 Andrey A. Solovyev (Dr. of Law)
Judge, Chairman of judicial board Commercial Court of the Moscow Region, a member of the Commission on Sports Law Association of Lawyers of Russia,Moscow, Russia

Abstract: This article analyzes the Brazilian Code of Professional Ethics of workers employed in the field of physical education.
Keywords: sports law, physical culture and sport, Brazilian Code of Ethics for employees working in the field of physical education.

 DEFINITION OF «PROFESSIONAL SPORTS» IN FOREIGN LEGISLATIONS

Igor Ponkin (Dr.of Law)
Lawyer, Professor, Institute of Public Administration and Management of the Russian Presidential Academy of National Economy and Public Administration, and professor of the chair of sports law of the Kutafin Moscow State Law University , Russia

Ponkina Alena I. (PhD ),
Lawyer, lecturer of Sports Law Chair of the Kutafin Moscow State Law University, Russia

 Abstract: This paper deals with the definition of professional sports. A review is given for the degree of research into the question. We show how the definition of professional sports is stipulated in foreign legislations. A set of examples of foreign legislation involving the definition of professional sport are presented for comparison. The author’s vision of the definition is given.
Keywords: sports legislation, sports, professional sports, professional sportsman, foreign legislation.

 

II. Special Researches

 RECOGNITION AND ENFORCEMENT OF A CAS DECISION IN GREECE

Apostolos Anthimos(Dr.)
Attorney at law, Thessaloniki,Panelist, .eu ADR Court, Prague

 Abstract:A recent judgment of the Thessaloniki 1st Instance Court declared enforceable a CAS decision in Greece.This is a landmark ruling, not just for Greece, but probably for Europe too, if not globally.The judgment will surely be received positively by CAS, since it is implementing what has been repeatedly and widely supported, namely that CAS decisions are to be recognized and enforced according to the New York Convention.Still, from the Greek perspective there are some issues in need of clarification.
Kee words: CAS , Football, Sports Arbitration, 1958 New York Convention, Recognition and enforcement of arbitral awards

 
ALTERNATIVE DISPUTE RESOLUTION IN SPORTS DISPUTES: FOOTBALL HOOLIGANISMS

 Marina Kamenecka-Usova
Lawyer, LL.M Commercial Law: Erasmus University Rotterdam

Karina Matvijčuka
Lawyer, LL.M Entertainment Law: University of Westminster; Candidate for a doctoral degree in Law: Rīga Stradiņš University

 Abstract: The article looks at the problem of alternative dispute resolution in sports, in particular in connection to disputes, where football fans are involved. The goal is to understand which form of ADR suits perfectly the specifics of many possible sport disputes. This has been done by examining the research projects of leading experts on ADR in sports and current situation in a world of football, in particular the analysis existed case law. Upon examination of these events, it becomes clear, that the Mediation only might perfectly suit the specifics of many possible sport disputes, as sport disputes should be solved amicably, fast, confidentiality and, what is especially important- the result should also lead to the preservation of healthy and, if possible, non-aggressive relationships between the parties in dispute, as stress and increased attention in mass media unambiguously can affect athlete’s concentration and performance. Nevertheless, the disciplinary cases are still resolved through court of arbitration only.
Through showing
specific example of such controversial moments, authors conclude, that Mediation is the ideal solution for sports disputes, because it provides opportunity to anyone involved in the dispute to communicate freely “without prejudice”, which is currently missing in many sports negotiations.
Keywords: ADR, Mediation, Sports Disputes, CAS, Football hooliganism

 
PREVENTING EFFORTS AGAINST CONSUMING DOPING OF PSYCHOTROPIC DRUGS WITHIN FOOT BALL PLAYERS AT FOOT BALL ORGANIZATION AND NATIONAL NARCOTIC BUREAU OF BALI PROVINCE

Luh Merry Dyanthi
Lecture of Engineering Department, of Mahendradatta University, Bali, Indonesia

 Abrtact: Man is known as a social living being due to their living within the community. In their living within the community, man distribution take place in their interaction with others.  The interaction are then coming into some social problems that need law approach to solve the problems. Law is as a social norm may not be separated from the communities value and even it may be stated as a reflection and realization of the values within the community.Sport is a place where men are interacting and having ethical values which may be seen, evaluated and learned from one each other. The structural values of sport is not only taken place for body or intellectual aspect but the whole aspects of mankind as well.There are some values may be seen in sport field such as; fair play, team work, sportive attitude, and elsewhere. One who has a strong need for strong performance is tend to have a success and strong willing to solve challenge instead of gaining high social status but merely for doing good deed. A competitive sport teach us about hard working value, sacrifice, and well preparation to achieve goal. But being a winner as an athlete may give him responsibility that may cause a fatal effect. The athletes are then start using any illegal ways to survive and achieve their goal in a competition, one of them is now using illegal doping. Last time there was any restriction for athlete to consume any illegal drugs, but now consuming doping is absolutely illegal either for IOC, NCAA, professional league, and other formal organization from every nation. In Indonesia this illegal action has been stated in national law or regulation no. 3 in 2005 article 85 about regulation of sport system.
There are many kinds of doping may be taken for instance, some of them are strictly illegal used for athletes. For instance is sabu-sabu which is used for medical purpose, but then in sport field for athletes it is used for giving a strong  impact to increase their adrenalin, so that they may feel having strong performance during the competition. In distribution, sabu-sabu is seriously controlled by one of the government institution in this case National Narcotic Bureau (BNN). 
Football is one of popular sport activities in the community. In Indonesia there is one of organization to manage the football activities called PSSI, in which this organization plays important rules in supervising, directing  and even giving some sanctions for players and other components taking place in the event of competition. Doping is strictly forbidden either by sport regulation or  PSSI by stating in Discipline Code PSSI article 6 number 1 about sanction for illegal doping for players.
Based on the background above, therefore can be found out scope of problems as the following:

  1. What factors that cause the football players consuming psychotropic for doping?
  2. What effort has been made by BNN and PSSI in solving the psychotropic drugs for doping within the football players?
    This writing is as an empirical research. Empiric means this research is analyzed from the aspect of law. In this case is the correlation between roles and the facts . the approach used is juridical sociology. That is approach of analysis the prevention by PSSI and BNN regarding to the illegal consumption of psychotropic within the football players in Bali Province and try to analysis the aspects of law within the community. This approach is applied to see the regulation number 5 1997 regarding psychotropic, regulation number 35 concerning narcotic, regulation number 3 2005 about national system rule, president regulation number 23 in 2010 about BNN and PSSI.

Key words: doping, government institution, regulations, football players, psychotropic, working value


AN INITIAL INVESTIGATION ON THE RELATION BETWEEN SPORT AND TOURISM THE CASE OF GREECE

 Karagiannis Stephanos
Assoc. Professor, Department of Economic Regional Development, Panteion University , Greece  

      Boulouta Konstantina (MBA)
  Technological Education Institute of Piraeus, Department of Business Administration, Greece 

Abstract :The increasing interest in sport tourism over time in our country is provided as a useful background from the start of the Olympics games until today. Indeed, in order to respond exactly to the papers title, we conducted an initial exploration of the relationship between " sport - tourism ', where we should mention the results of the short field research, which conducted in two universities of our country. We used as a sample students of both sex from these universities. (University of Central Greece-Panteion University). In sequence we consider the broader concept of sport - tourism relationship which, besides sports holidays, includes also the relationship between the two sectors on planning and information. This is considered quite obvious regardless whether it outlines the two poles of the matter is considered prudent to introduce the first as the one in which sporting events are selected and organized voluntarily by tourism destinations in order to be increased and the second is the one in which tourism arrival has emerged unintentionally as a result of organizing sports events.
However we are convinced that tourism can help sports world in improving the level of
infrastructure and in the increase of tourist’s participation.
Key words: tourism, sports, sports facilities, events, local economic benefits.


TERRORISM AND SECURITY OF THE OLYMPICS

Anatoly Peskov (Ph.D)
Advocate, Head of Security Department, Russian International Olympic University, Russia

 
    Abstract:  The article is devoted to the fight against terrorism at the Olympics.
The author analyzes the causes of terrorist acts during large-scale sports competitions. Particular attention is paid to the study of causes and conditions, conducive to terrorist acts; experience of international cooperation against terrorism; using new technologies in  this sphere of Olympic security.

    Key words: terrorism, terrorist challenges, security of Olympics, anti-terrorism technology

 
RECENT JURIDICAL ASPECTS REGARDING THE SANCTION OF FISCAL EVASIONS AND MONEY LAUNDERING IN ROMANIAN FOOTBALL

Eugen Gheorge Crisan
Lect. univ. dr. Prime Prosecutor of the Cluj-Napoca Court of Law, Romania

Alexandru-Virgil Voicu
Prof.univ. dr. , Judicial Commission of the Romanian Olympic and Sports Committee, Romania

Abstract: In contemporary society sport is considered a notable socio-economic, but also a normative phenomenon. However, the fulfilment of the rule of law in a constitutional state requires legal order – „namely the unity of law, effectively applied in the life of a community. In order for a legal system to work properly, it is necessary that all citizens obey the legal norms, and that all public officials regard these as the official standards of behaviour, following them rigorously”.
It is well-known that not all social phenomena are also juridical in nature – however, the legal regulation of Sport already coexists with other norms and institutions of Law and, of course, it is an object of the sub-system of the science of Sport (seen as a branch of the educational system and of scientific research). Our assertions are supported by the following: the criterion upon which we categorise this notable social phenomenon as juridical is its own legality, which is obviously reflected at the legislative level4. This paper presents recent developments in the phenomenon of criminality in Romanian football – sanctioned by Romanian Law Courts – a real step forward in the application of Law in the field of Sport.
Key words: sport, legalisation of sport, criminality, fiscal evasions, money laundering, criminal liability

 

 A CONSTITUTIONAL CHART OF SPORT MANAGEMENT FOR NEW DEMANDS AND HIGHER EXPECTATIONS IN INTERNATIONAL PRACTICE

 Dimitrios P. Panagiotopoulos
Professor at the University of Athens, Greece
President of International Association of Sports Law

Aikaterini Karachaliou
Lawyer, Researcher of Hellenic Center of Research on Sports Law  (Greece)

 Abstract: Lex Sportiva - Lex Olympica are  new aspects in field of  Sports Law, a synthesis of features of international law, (subjects, jurisdiction and content of regulations) and features of domestic national law (effective enforcement mechanism, vertical effect of its laws, and immediate incorporation in the national law systems and compulsory and exclusive jurisdiction of its judicial organs).
The particular nature of international sports law lays accepted and common practices as well as established organizational structures in new light involving personalities such as the sport managers.  Lex Sportiva includes laws that concern these personalities and the financial freedoms of the people involved, and so a series of conflicts come to light especially amongst the traditional national law and other supranational legal entities as the European law. The inadequacy of the international law practices in a system which possesses an enforcement mechanism comparable to that of the national systems and the need to apply the principles of legality when we investigate its structure, criticize its practices, and state the need for its fundamental structural change. It also Sports law in the international field, as Lex Sportiva-Lex Olympica, is actually private, and means that it is a law, which is internationally unethnic - supranational because, it necessarily regulates an area out of geographic boundaries and manages the relationship of persons involved in international and Olympic sports and action, which are coming from different countries and require coordination in their activity within their States. That is, the Lex Sportiva - Olympica, a really "unethnic" Supranational law internationally, to which, however, the theory does not give special power. Nevertheless, it constitutes a sui generis sports law legal order imposed in the sports world heteronymously, through international sports organizations.
As a conclusion, we are pointing out that this new kind of "unethnic" law of international practice, lays old established practices and organizational structures, presented under another perspective that reveals the insufficiency of the current practices of international law.
The international sports law, often seeing as a subcategory of international law, can be described by the rules of international conventions on sports, the international sports conditions, and the international action for sport, governed in their application by the rules and practice of the international law.
Therefore, within the framework that concerns the Managers of Sport, it is required to create a frame by establishing specialized rules of law which they will regulate the behavior and the formed relationships of the Sport managers with all the involved personalities in the field of sport action. That is, it is an absolute need to create a Constitutional Chart of Sport Management.
Key words: Lex Sportiva - Lex Olympica, international law, Sport Management, European law


THE INTERDEPENDENT RELATION BETWEEN SPORT, POLITICS AND THE MEDIA AND THE ROLE OF LEX SPORTIVA-LEX OLYMPICA

 Panagiota  Antonopoulou
Ass. Professor of University of the Peloponnese, Greece

 Abstracts:Media is being studied within the context of Lex Sportiva-Lex Olympica since it is one of the basic sources for the direct and indirect funding of professional sports. The funding is direct in the form of broadcasting rights and indirect as the intermediary between Sports and the sponsors. Sports also has a political dimension, since in its strictest sense on occasions it has been concerned with relations of interdependence between the sporting factors and the central authority; and on other occasions, in terms of the broad sense of the dominant ideology and its institutional coordinates, it was always a factor that shaped both the organizational – administrative as well as the ideological and communication Sport matrix, while also transforming its social content. And conversely, the sports process itself under globalization conditions performs an important ideological, moral-educational, political, aesthetic and economic function. This study contributes to the broad debate on Lex Sprotiva-Lex Olympica by “x-raying” Sport’s basic functions and its political and communication components under Globalisation conditions. This “x-ray” highlights the possibilities for intervention by Lex Sportiva –Lex Olympica in relation to the direction that needs to be taken by Sports, Politics and Media to regulate the interdependence between them and to return to the basic values of Sports, which have now been abandoned within the context of the rampant commercialization of the Sports product.
Key words:Sport, Politics, Media, Lex Sportiva