Sport and Law (original) (raw)
Academic Journal of Interdisciplinary Studies, 2014
In our social system is getting more and more ground to the role of law in general, but also sports and legal norms in particular the establishment, functioning and legitimacy of sports activities, clubs and sports federations. Seen in the context of a myriad of norms, rules and laws of our country whether, but European legal framework have given the developmental approach and institutional self-regulating principles of sports bodies as special public entity Sports which means that they are: sports subjects of law, not state, created by law in the public interest involved here (University of sport; Societies sports associations, sports clubs and federations) that whether a legal person in public stage or private have functional independence, political, economic, and executive decision to each organ. Purpose of this study in to show needs, practices and challenges to present legislation on a whole, as a package of legal-important character with sports, to identify schemes which function playgrounds, plant and sporting rights and obligations of plants administrators sports.
The features of the implementation of the sports law
Retos: nuevas tendencias en educación física, deporte y recreación, 2021
Development of physical culture and sports and updating of a healthy lifestyle lead to increasing of public interest in the sports sector inevitably. It entails the creating of sport's law as a separate branch of law associated with numerous scientific researches, legal practices and professional activities of athletes, sports industry' managers and supporters of a healthy lifestyle. The article is aimed to the theoretical analysis of certain aspects of the legal regulation of sports relations that form a new branch of sports law, determining its place in the national and international legal systems. The comparative legal analysis is the leading scientific approach of this study, which allows to discover the degree of scientific development of this issue with the purpose of increasing the efficiency of legal regulation of physical education and sports. An attempt was made to present sports law as an independent branch of law, resulting from a synthesis of international and national law that regulate relations in different industries through the lenses of public and private law. The specificity of this branch of law leads to a high degree of controversy in the question of determining its features, which are properly investigated in the work. Criteria of the features of the implementation of sports law are formulated: substantive capacity, external borders with other branches of law, national characteristics and international universality.
Retos, 2020
Development of physical culture and sports and updating of a healthy lifestyle lead to increasing of public interest in the sports sector inevitably. It entails the creating of sport's law as a separate branch of law associated with numerous scientific researches, legal practices and professional activities of athletes, sports industry' managers and supporters of a healthy lifestyle. The article is aimed to the theoretical analysis of certain aspects of the legal regulation of sports relations that form a new branch of sports law, determining its place in the national and international legal systems. The comparative legal analysis is the leading scientific approach of this study, which allows to discover the degree of scientific development of this issue with the purpose of increasing the efficiency of legal regulation of physical education and sports. An attempt was made to present sports law as an independent branch of law, resulting from a synthesis of international and national law that regulate relations in different industries through the lenses of public and private law. The specificity of this branch of law leads to a high degree of controversy in the question of determining its features, which are properly investigated in the work. Criteria of the features of the implementation of sports law are formulated: substantive capacity, external borders with other branches of law, national characteristics and international universality.
International Sports Law Journal, 2017
Contracts involving sports matters, such as the participation of an athlete in an international sports competition, would normally have a clause submitting disputes to arbitration under the rules of the Court of Arbitration for Sports. As a result, in international sports disputes, the subject matter of disputes has been predominantly decided by a private tribunal. In making such decisions, the Court of Arbitration of Sports has been interpreting and applying the rules established by sports governing bodies. Consequently, in its 30 years of existence, the Court of Arbitration for Sports has produced a rich jurisprudence regarding sports disputes. Such body of case law, combined with the rules of the sports governing bodies, has created what today is called a lex sportiva. Hence, this paper aims at analysing the concept of the lex sportiva to trace a parallel to its closest source of transnational law, the lex mercatoria. From that, following the principle of party autonomy, it will be argued if lex sportiva is already the governing law in some sports-related contracts or if it is desirable, whether lex sportiva can become the governing law to a contract in the same manner that today lex mercatoria can be the parties’ choice of law in a contract.
Sports Law and the European Union
CHOREGIA, 2007
For the last thirty years the athletic community as well as academics are dealing with an effort by the European Court of Justice to influence sport law and the rule-making power of member states in the area of sports. In the present paper the reader will find a summary of all the major cases brought before the Court as well as an analysis of their effect. Apart from that, the reader will be able to understand the fact that the Court does not accept the rule of precedent in its decisions as well as the fact that it is rather policy than Treaty provisions that controls it. It remains to see how sports authorities can use these facts to their benefit, if they want to hope for a change of the Courts' case law in the future.
Comparative Law Review
The article discusses the problem of the indeterminate defendant in European tort law systems and in the projects aiming to unify tort law in Europe, such as Draft Common Frame of Reference and Principles of European Tort Law. The given issue relates to a situation where there is a damage caused by one factor, yet upon available evidence one may indicate a few potential factors which might have led to the damage, but it cannot be ascertained which factor was the actual cause of it. The problem is addressed with reference to two scenarios. First, when there is a limited and known number of persons acting tortiously, each of whom potentially might have led to the damage, but only one of them had actually caused it. Second, when it is certain that one tortfeasor from the undetermined group of tortfeasors caused damage to some of the injured persons from the group of the injured persons, but it cannot be established precisely which tortfeasor caused damage to precisely which injured person. In comparative law analysis, one may find various attempts to deal with the given issue, which come from the balance of ratios given to different solutions, as well as the legal possibilities or obstacles in national tort law systems. The main possibilities are: all-or-nothing approach, joint and several liability, and proportional liability. Those solutions are discussed in article in more detail with conclusion that the bold proposition of proportional liability presented in Principles of European Tort Law seems to be the most appropriate.
შრომის სამართალი სპორტში, II ნაწილი - EMPLOYMENT LAW IN SPORT, II Part
ჟურნალი „იურისტი“ - journal "Lawyer", 2020
„შრომის სამართალი სპორტში“ არის ბრიტანელი მეცნიერის, სამართლის დოქტორის, პორტსმუთის უნივერსიტეტის ემერიტუსის როჯერ ველჩის სტატია, რომელიც წარმოადგენს 2015 წელს გამოქვეყნებული სტატიის 2017 წელს განახლებულ ვარიანტს. თარგმანის ავტორია სამართლის დოქტორი, სულხან-საბა ორბელიანის სამართლის ფკულტეტის დეკანი, პროფესორი გიორგი გორაძე. თარგმანი დაყოფილია ორ ნაწილად. წარმოდგენილი მეორე ნაწილში განხილულია რამდენიმე პრეცენდენტული საქმე, მათ შორის,ე.წ. ბოსმანის საქმე და მისი სამართლებრივი მნიშვნელობა. სტატია ასევე ეხება ისეთ პრობლემურ საკითებს, როგორიც არის გადაბირება და დისკრიმინაცია სპორტში. სტატიაში სქოლიოების სახით წარმოდგენილია მთარგმნელის კომენტარები ისეთ საკითხებზე, რაც უცხოა ქართული სამართლისთვის. მოცემულ კომენტარებში ახსნილია ბრიტანული სამართლისთვის დამახასიათებელი ცალკეული ტერმინები და დებულებები, რაც ქართველ მკითხველს გაუადვილებს სტატიის გაგებას. --- "Employment Law in Sport” is an article by Roger Welch, a British academic, Doctor of Law and an Emeritus at the University of Portsmouth. This article is translated by George (Giorgi) Goradze, Doctor of Law, Professor, a Dean of the Faculty of Law at Sulkhan-Saba Orbeliani University (Tbilisi, Georgia). This paper is the updated (in October 2017) version of the paper published in 2015. This translation is divided into two parts. This is the second part deals with the some cases including Bosman Ruling and its legal significance. The article also addresses issues such as tapping up and discrimination in sport. The article contains footnotes to the translator’s comments on issues that are foreign to Georgian law. These comments explain some of the terms and clauses specific to British law that will make it easier for Georgian readers to understand the article.
The Specificity of Sports in the International and EU Law
2010
Brâncuşi" University of Târgu Jiu, Juridical Sciences Series, Issue 2/2010 169 SPECIFICITATEA SPORTURILOR ÎN DREPTUL INTERNAŢIONAL ŞI EUROPEAN Dr. Tomáš GÁBRIŠ Universitatea Trnava din Trnava, Republica Slovacă Rezumat: Lucrarea se ocupă cu dezbaterea curentă despre specificul sporturilor în dreptul internaţional şi european. Specificitatea joacă vreun rol în contextul dreptului internaţional -de exemplu legile specifice la drepturile umane internaţionale şi dreptul muncii? La nivelul UE, ideea de specificitate a fost explicată prin deciziile Curţii de Justiţie a Uniunii Europene, de exemplu în cazurile Walrave şi Koch, Bosman, şi Meca-Medina. Mai mult, ideea de specificitate a sporturilor a fost inclusă în redactarea tratatului de la Lisabona (2009). Care sunt consecinţele acestei mutări? Ce abordare a avut Curtea în cel mai recent caz al lui Bernard (Martie 2010)? Acestea sunt principalele întrebări despre care va discuta lucrarea. Abstract: The conference paper deals with the current debate on the specificity of sports in the international and EU law.
Commercial transformation of sports has necessitated increased juridification or intervention of legal instruments of the state, leading to claims of emergence of a new autonomous body of law, Sports Law. At the same time, in this age of globalisation of capital and means of communication, comparative legal research has become almost pervasive across different branches of law. Comparative method of legal research provides a number of functional and heuristic benefits. The transnational and autonomous nature of sports law and the aggravated need for harmonisation of applicable norms makes the use of comparative law a particularly appropriate analytical tool in sports law.