Shortly after his election as IOC President, Thomas Bach announced his intention to initiate an introspective reflection and reform cycle dubbed (probably a reference to former German Chancellor Gerhard Schröder’s publicly praised Agenda 2010) the Olympic Agenda 2020. The showdown of a year of intense brainstorming is to take place in the beginning of December 2014 during an IOC extraordinary session, in which fundamental reforms are expected. More...
Pursuant to Kelsen’s famous pyramid, the authority of norms may be
ranked according to their sources: Constitution is above the Law, which is in
turn superior to the Regulations, which themselves stand higher to the
Collective Agreement etc…Under French labour law, this ranking can however be
challenged by a “principle of favourable treatment” which allows a norm from a
lower rank to validly derogate from a superior norm, if (and only if) this
derogation benefits to the workers.
April 2014, the Cour de Cassation (the French Highest Civil Court) considered that
these principles apply in all fields of labour law, regardless of the
specificity of sport. In this case, Mr. Orene Ai’i, a professional
rugby player, had signed on 13 July 2007
an employment contract with the Rugby Club Toulonnais (RCT) for two sport
seasons with effect on 1 July 2007. More...
Graph 1: Number of Cases submitted to CAS (CAS Satistics)
Yesterday, the press revealed
that the European Commission decided to reject the complaint filed by
Jean-Louis Dupont, the former lawyer of Bosman, on behalf of a player agent
Striani, against the UEFA Financial Fair Play (FFP) Regulations. The rejection
as such is not a surprise. The Commission had repeatedly expressed support of
the principles underlying the UEFA FFP. While these statements
were drafted vaguely and with enough heavy caveats to protect the Commission
from prejudicing a proper legal assessment, the withdrawal of its support would
have been politically embarrassing.
Contrary to what is now widely assumed, this decision
does not entail that UEFA FFP regulations are compatible with EU Competition
Law. UEFA is clearly the big victor, but the legal reality is more complicated
as it looks. More...
Yesterday, UEFA published the very
much-expected settlements implementing its Financial Fair Play (FFP)
regulations. Today, we address tomorrow’s challenges for FFP, we offer five,
more or less realistic, scenarios sketching the (legal) future of the FFP
Since the landing on the sporting earth of the Übermensch, aka Usain Bolt, Jamaica has
been at the centre of doping-related suspicions. Recently, it has been fueling
those suspicions with its home-made scandal around the Jamaica Anti-Doping Commission
(JADCO). The former executive of JADCO, Renee Anne Shirley, heavily criticized
its functioning in August 2013, and Jamaica has been since then in the eye of
the doping cyclone.
On 10 April, the ASSER Sports Law Centre had the honour of welcoming Prof. Weatherill (Oxford University) for a thought-provoking lecture.
In his lecture, Prof. Weatherill outlined to what extent the rules of Sports Governing Bodies enjoy legal autonomy (the so-called lex sportiva) and to what extent this autonomy could be limited by other fields of law such as EU Law. The 45 minutes long lecture lays out three main strategies used in different contexts (National, European or International) by the lex sportiva to secure its autonomy. The first strategy, "The contractual solution", relies on arbitration to escape the purview of national and European law. The second strategy, is to have recourse to "The legislative solution", i.e. to use the medium of national legislations to impose lex sportiva's autonomy. The third and last strategy - "The interpretative or adjudicative solution"- relies on the use of interpretation in front of courts to secure an autonomous realm to the lex sportiva.
Today the ASSER International Sports Law Centre is very pleased to unveil its new blog. Not so surprisingly, it will cover everything you need to know on International Sports Law: Cases, Events, Publications. It will also feature short academic commentaries on "hot topics".
This is an interactive universe. You, reader, are more than welcome to engage with us via your comments on the posts, or a message through the contact form (we will answer ASAP).
This is an exciting development for the Centre, a new dynamic way
to showcase our scholarly output and to engage with the sports law world. We
hope you will enjoy it and that it will push you to come and visit us on our
own playing field in The Hague.
With sporting regards,