Sports Law Research Articles

Can EU competition law save sports governance?

The three December rulings of the Court of Justice of the European Union—European Superleague, International Skating Union, and Royal Antwerp—are important milestones in the development of EU sports law and policy. This article focuses on what is perhaps their most striking feature: the prominent place accorded to competition law. The judgments make several important changes and clarifications to how EU competition rules apply in the sporting context. This paper argues that the new legal framework paves the way for a more active use of competition law in sports cases. Although this is likely to have some positive effects on the quality of sports governance, it also carries the risk of exposing the field to an ill-fitting set of rules which follow a predominantly economic and de-regulatory rationale. Ultimately, even enhanced competition law will not be able to solve the manifold problems marring the world of sports—and is a poor substitute for sports regulation through legislative means.

Effect Of Educational Intervention Of The Concepts Of Sport Law On Coaches’ Attitude, Knowledge And Behavior

Effect Of Educational Intervention Of The Concepts Of Sport Law On Coaches’ Attitude, Knowledge And Behavior

The impact of the rulings of 21 December 2023 on the structure of EU sports law

The three rulings of 21 December 2023 make three changes to the way we understand the structure of EU sports law. I examine all three in this paper, but I do not think any of the changes are radical. Things have changed – but not much, and the fundamentals of EU sports law, nurtured by the Court in case law that commenced in 1974, are untouched by the Court’s latest three rulings. To be clear: my concern in this paper is only with the structure of EU sports law. For UEFA, and in particular for its power to act as a ‘gatekeeper’ through a system of prior approval for new competitions offered by third parties, things have changed a lot, but that is a separate issue.

Royal Antwerp and home-grown players: re-shaping sports governance and EU sports law and policy

On 21 December 2023, the Court of Justice delivered judgments in ISU, Superleague and Royal Antwerp. This contribution considers the implications of Royal Antwerp on the use of home-grown player rules in European football, the effect on international sports governance more widely and how the judgment has altered the course of EU sports law and policy.

Collecting Evidence in the Investigation of Crimes Committed in the Field of Sports: International and European Standards

Sport plays an important role in modern society. Its legal regulation is complicated by the peculiarities of the structure of sport, its participants, types of illegal encroachments, and influence measures to eliminate them. Currently, various legal relations are being encroached on in the field of sports: from the field of e-sports to corruption and doping during sports competitions. In view of this, it is important to analyze the international legal regulation regarding the investigation of crimes in the field of sports and to understand the problematic issues of proving this type of crime and the implementation of international standards in national regulation. The purpose of the work is the research of crime in the field of sports from the point of view of its proof, as well as the analysis of international and European standards on this issue. The object of the study is international and European standards for gathering evidence in the investigation of crimes committed in the field of sports. The subject of the study is social relations that arise, change and cease and influence the establishment of standards for the investigation of crimes at various stages of the pre-trial investigation of crimes in the field of sports. The research methodology consists of such methods as: dialectical, metaphysical, systemic, synergistic, anthropological, logical, historical, systemic-structural, structural-functional, formal-legal, and comparative-legal methods. As a result of the conducted research, it was possible to understand the peculiarities of the international legal regulation of criminal activity in the sports sphere. Particular attention is paid to the peculiarities of proving crimes committed in the field of sports. Also, attention is paid to the experience of creation, formation, and application of international measures to combat crime in the field of sports and sports law, their implementation in national legal systems, and problematic issues in the appropriate context. Keywords: evidence, proof, international legal experience, crime investigation, collection of evidence.

LEX SPORTIVA AND THE COURT OF ARBITRATION FOR SPORT

This comprehensive analysis explores the profound impact of the Court of Arbitration for Sport (CAS) on the realm of global sports law. Against the backdrop of a remarkable increase in case procedures, this study highlights at least three pivotal functions of CAS. Firstly, CAS has introduced the application of general legal principles within sports institutions, leading to the formulation of the distinct “principia sportive,” which has bolstered legal certainty in the field. Secondly, CAS assumes a vital role in interpreting and implementing sports law, influencing the establishment of binding regulations within sports organizations. Thirdly, CAS’s superior status allows it to harmonize the global legal landscape by assuming jurisdiction over disputes involving sports bodies and federations.

The material-legal conditions for admitting evidence from the testimony of a crown witness in the Polish criminal procedure

Crown witness is an institution designed to combat organized crime. The material and legal conditions for admitting evidence from their testimony are contained in Article 1 of the Crown Witness Act. This article provides an analysis of the subject matter scope of the appearance of a crown witness in the Polish criminal proceedings. In the text, the author appropriately presents an analysis of the issues of an organized criminal group and an association aimed at committing crimes, characterizes in an enumerated manner the offenses listed in paragraph 2 of Article 1 of the Criminal Code and the Sports Law. Additionally, the author conducts a detailed review of the negative criteria for obtaining the status of a crown witness. In the text, the author relies on available literature on the subject and domestic court judgments.

Application of Swiss law and influence of Swiss protection of legal personality in international sport: a necessity to ensure equality of treatment among competitors?

Sports law and Swiss law are closely connected. It is at first quite complex to perceive the real implications of Swiss law, in which way it applies as well as its concrete consequences in sport. To understand the relation between Swiss law and international sport, the present article will analyze the concepts, rules and principles of Swiss law which apply in this area (i.e., Swiss association law, contract law and protection of legal personality). Knowledge of Swiss law for athletes, teams and federation is fundamental. It is the first step to develop coherent and powerful strategy before the Court of Arbitration for Sport or internal judicial bodies of international federations. A general overview of the importance of Swiss law appears to be very valuable to understand the context of sports law. Also, the protection of legal personality as the core principle of sports law is of a primordial importance in sports law and it will be developed in this contribution. The specific influence of equality of treatment between athletes will be discussed, too. This principle is fundamental in sport and is one of the purposes of a uniform application of (Swiss) law in sport.

Understanding Legal Duties: Are High School Athletic Directors Properly Prepared?

The legal duties of high school athletic directors are an under-researched area of sport law. Millions of dollars are paid out annually due to the negligence of high school athletic program administrators, justifying a deep dive into further understanding high school athletic director legal awareness. Utilizing research related to an established 14 legal duties for high school athletics, the authors created a survey to contribute to the limited existing research related to high school athletic director legal awareness.
 The survey went to a geographically balanced sample of states and the athletic directors within these states. A total of 349 responses were captured. A Rasch analysis identified the most challenging duties for high school athletic directors to manage were areas such as keeping practice plans on file and advising students of warning labels on equipment. Areas that high school athletic directors were better equipped to manage were transportation of students to practice and competition, and ensuring equipment meets industry standards.
 Multiple regression analysis revealed that smaller schools are most challenged in legal duty awareness due to limited resources (e.g., financial and personnel). Research should continue to build in this area by evaluating other variables that may impact the ability to comply and explanations for the level of awareness of directors.

JLAS Farewell

Roughly seven years ago I wrote my first introduction for an issue of the Journal of Legal Aspects of Sport (JLAS). In that introduction, I wrote about how proud I was to edit the first peer-reviewed journal that’s exclusively dedicated to the study of sports law. I also noted my history with the journal, which published the first of six research papers within JLAS, roughly 20 years ago.

Scientific network agreement "Polish Scientific Network - research and development works for the promotion of sports law" - selected organizational and legal issues

The article concerns the cooperation agreement between scientific units in the field of sports law. The Network, not having legal personality, uses the legal personality of its members. The network is not a civil law partnership agreement. The coordinator of the network agreement is the John Paul II Catholic University of Lublin in Lublin. The members of the network remained fully independent in their non-target activities. The study used the dogmatic-exegetical research method, which required an analysis of detailed legal regulations in this area. The article presents the personal views of the authors and cannot be interpreted as the position of any authority, entity or institution.

Activities of the Sports Law Research Network Association in the area of law and management

The article concerns the cooperation agreement between scientific units in the field of sports law. The Network, not having legal personality, uses the legal personality of its members. The network is not a civil law partnership agreement. The coordinator of the network agreement is the John Paul II Catholic University of Lublin in Lublin. The members of the network remained fully independent in their non-target activities. The study used the dogmatic-exegetical research method, which required an analysis of detailed legal regulations in this area. The article presents the personal views of the authors and cannot be interpreted as the position of any authority, entity or institution.

A ‘Thank You’ to Editor-in-Chief Emeritus Thomas Baker

In 2015, Dr. Thomas Baker penned his first ‘Editor’s Note’ in the Journal of Legal Aspects of Sport (JLAS). Eight years and 15 issues of JLAS after his initial editor’s note, I write to say ‘thank you’ to Dr. Baker for his editorial stewardship. Indeed, the entire sport law community owes Dr. Baker a debt of gratitude for his work in advancing JLAS.

Dilemma and Outlet of Personality Right Protection in Sports Event Copyright

Using jurisprudence to analyze the connotation and logical relationship of personality right, explore the practical dilemma of personality right protection in sports event copyright, and then point out the path of personality right protection in sports event copyright. The research shows that the adverse factors of the protection of personality rights mainly lie in the controversial theoretical basis, the lack of attention of the subject of rights, the lack of in-depth academic research and the weak legal basis. Suggestions: On the theoretical basis, we should not only recognize the work attribute of sports events, but also emphasize the dialectical unity of "content" and "form" of works, which are the prerequisite for the protection of personality rights; In the protection of personality right, we should not only improve the awareness of safeguarding rights of the subject of rights, but also establish the concept of the overall situation of the subject of rights, so as to promote the healthy development of the sports event market. The subject of rights cannot ignore the protection of personality right due to the realization of property right; In theoretical research, academia should pay attention to the value status of personality right, strengthen the research on the protection of personality right, and provide scientific legal basis for the protection of personality right; On the basis of legal system, we should not only improve the guiding role of sports law in the protection of personality rights, but also expand the scope of works in the copyright law , so as to build a solid legal foundation for the protection of personality rights.

The Scope for Greater Alignment between the Council of Europe and the European Union in Sport through the Saint-Denis Convention

The intersections of security, safety, and wider human rights concerns have long accompanied the hosting of global sport mega-events. This was highlighted in clear unmistakeable terms following the chaotic scenes which came to characterise the Champions League Football Final in Paris, 2022. Against this wider context, this intervention paper argues for greater legal and regulatory alignment between the Council of Europe (CoE) and the European Union(EU) through sport, which we suggest can be achieved by greater adherence by the latter organisation to the CoE’s Saint-Denis Convention. Underpinning this suggestion is the two-fold contention that in view of sport representing a shared priority for both organisations, in addition to Europe being a site of key global sport mega-events, more cohesion and consistency between both organisations in terms of their approach to sports law and policy would contribute to greater European-wide legal unity and certainty from a sporting perspective.

Law and management in sport, in the activities of third sector organizations on the example of the Association of the Scientific Law of Sports Law

Law and management in sport, in the activities of third sector organizations on the example of the Association of the Scientific Law of Sports Law

Implementation of Lex Specialis in Sports Jurisdiction

The present study sets out the implementation of Lex Specialis in Sports Jurisdiction. It presents an introduction to Sports Law and the rules of Lex Sportiva and Lex Olympica. Following the introduction, this paper presents the concept of Sports Jurisdiction and the competence of the Sport Arbitral Bodies to rule on the constitutionality of the law. Furthermore, this study focuses on the necessity for the establishment of an International Sports Constitutional Charter with special rules for international sports activities and the establishment of a special International Sports Court. Finally, is investigated the application of the Lex Specialis Derogat Legi Generali Principle in Sports Law. In particular, this study points out that Special rules of sports law prevail over ordinary rules of law, according to the general principle of law Lex Specialis Derogat Legi Generali. It is highlighted that Sports Law is not a subcategory of international law, as International Sports Law, but a different kind of law, Lex Sportiva/Olympica. Lex Sportiva/ Olympica is an international “unethnical” law, which exists in parallel to the international law. It constitutes a sui generis sports law legal order, imposed heteronomously on the sporting world by various international organizations.

Sport law in U.S. undergraduate sport management programs: What should we be teaching?

Sport law knowledge is a vital component of sport management education and professional preparation for those working in the sport and recreation industries. It has been more than 15 years since scholars fully analyzed the content of sport law courses. Given the increase in litigation surrounding the sport industry, there is increased focus and interest in the law as a teaching tool within the sport management curriculum. Sport management curricula must continue to evolve and adapt to respond to the dynamic nature of industry and academia. Therefore, this study updates foundational work on the content of sport law classes in U.S. undergraduate sport management programs. Through an online survey of sport law course instructors in undergraduate sport management programs, we discovered all instructors include Title IX in their courses. Consistent with previous research, the next most covered areas included aspects of negligence law and contract law. Many instructors thought that criminal domestic violence/intimate partner violence was an important topic that they were not covering in their course. We did find differences in course content by instructor educational degree and legal practice history. This work can inform sport management program assessments and sport law course syllabi construction.

Legal Protection of the Welfare of Sports Athletes in the Perspective of Law Number 3 of 2005

Sports law in Indonesia has been inadequate, with the absence of comprehensive regulations governing various aspects of national sports. This has resulted in the lack of legal protection and unfulfilled welfare for sports actors who demand their rights. The Sports Law (SKN Law) emphasizes the need to position sports clearly in the national legal system as part of the process and achievement of national development goals. This research adopts a normative approach, using both statutory and conceptual methods. Secondary data serves as the primary source, and qualitative descriptive analysis is employed. Conclusions are drawn deductively, focusing on the topic of Legal Protection for the Welfare of Sports Athletes in relation to Law Number 3 of 2005. The findings reveal that Law Number 3, which established the National Sports System, encompasses interconnected elements such as sports actors, organizations, infrastructure, facilities, community participation, and supporting aspects like science, technology, information, and the sports industry. These elements require support from decision-making institutions, organizational empowerment, human resource development, sports facilities improvement, and adequate funding. The ultimate objective of sporting activities is to ensure the welfare of athletes.

Whose interests? Which solidarity? Challenges of developing a European Super League

ABSTRACT Since the 1990s, rumours of a European Super League (ESL), comprised of the major clubs from England, France, Germany, Italy, and Spain, have mounted. According to these rumours, this new league would break away from the Union of European Football Associations (UEFA). Many clubs would operate outside the current European federative system, abandoning their national leagues and football federations. An ESL thus conceived would present a menacing alternative to the UEFA Champions League (UCL) and, depending on the format of the ESL, national competitions such as leagues and cups. In this article, we draw on literature in the fields of philosophy and sport law to identify legal and ethical challenges that would result from creating an ESL. Our goal is not to provide exhaustive analyses of the identified challenges. Rather, we aim to examine the challenges to uncover intersections among sport law, sport ethics, and European football.