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Book Review - Football and the Law, Edited by Nick De Marco - By Despina Mavromati (SportLegis/University of Lausanne)

 Editor's Note: Dr. Despina Mavromati, LL.M., M.B.A., FCIArb is an Attorney-at-law specialized in international sports law and arbitration (SportLegis) and a Member of the UEFA Appeals Body. She teaches sports arbitration and sports contracts at the University of Lausanne (Switzerland) and is a former Managing Counsel at the Court of Arbitration for Sport.


This comprehensive book of more than 500 pages with contributions by 53 authors and edited by Nick De Marco QC “aims to embody the main legal principles and procedures that arise in football law”. It is comprised of 29 chapters and includes an index, a table of football regulations and a helpful table of cases including CAS awards, UEFA & FIFA Disciplinary Committee decisions and Football Association, Premier League and Football League decisions. 

The 29 chapters cover a wide range of regulatory and legal issues in football, predominantly from the angle of English law. This is logical since both the editor and the vast majority of contributing authors are practitioners from England.

Apart from being of evident use to anyone involved in English football, the book offers additional basic principles that are likely to be of use also to those involved in football worldwide, including several chapters entirely dedicated to the European and International regulatory framework on football: chapter 3 (on International Federations) gives an overview of the pyramidal structure of football internationally and delineates the scope of jurisdiction among FIFA and the confederations; chapter 4 explains European law and its application on football deals mostly with competition issues and the free movement of workers; and chapter 29 deals with international football-related disputes and the Court of Arbitration for Sport (CAS).

In addition to the chapters exclusively dealing with international football matters, international perspectives and the international regulatory landscape is systematically discussed – in more or less depth, as the need might be – in several other chapters of the book, including: chapter 2 on the “Institutions” (from governing bodies to stakeholders groups in football); chapter 6 on the FIFA Regulations on the Status and Transfer of Players (RSTP); chapter 8 dealing with (national and international) player transfers; chapter 11 (on Third Party Investment) and chapter 16 on Financial Fair Play (mostly discussing the UEFA FFP Regulations); chapter 23  on disciplinary matters (very briefly discussing the disciplinary procedures under FIFA and UEFA Disciplinary rules); chapter 24 on domestic and international doping-related cases in football, with an overview of the CAS jurisprudence in this respect; and finally chapter 23 on corruption and match-fixing (with a very short description of the FIFA and UEFA regulations).

Furthermore, the book offers extensive chapters in less discussed – yet of high importance – football topics, including: chapter 13 on image rights and key clauses in image rights agreements; chapter 14 on taxation (referring also to taxation issues in image rights and intermediary fees); chapter 15 on sponsoring and commercial rights, with a guide on the principal provisions in a football sponsoring contract and various types of disputes arising out of sponsorship rights; chapter 17 on personal injury, discussing the duty of care in football cases (from the U.K.); and chapter 18 on copyright law and broadcasting (with short references to the European law and the freedom to supply football broadcasting services).

Some chapters seem to have a more general approach to the subject matter at issue without necessarily focusing on football. These include chapters 27 (on mediation) and 22 (on privacy and defamation), and even though they were drafted by reputable experts in their fields, I would still like to see chapter 27 discuss in more detail the specific aspects, constraints and potential of mediation in football-related disputes as opposed to a general overview of mediation as a dispute-resolution mechanism. The same goes for chapter 22, but this could be explained by the fact that there are not necessarily numerous football-specific cases that are publicly available. 

As is internationally known, “football law” is male-dominated. This is also demonstrated in the fact that of the 53 contributing authors, all of them good colleagues and most of them renowned in their field, only eight are female (15%). Their opinions, however, are of great importance to the book due to the subject matter on which these women have contributed, such as player contracts (Jane Mulcahy QC), player transfers (Liz Coley), immigration issues in football (Emma Mason), broadcasting (Anita Davies) or disciplinary issues (Alice Bricogne).

The book is a success not only due to the great good work done by its editor, Nick De Marco QC but first and foremost due to its content, masterfully prepared by all 53 authors. On the one hand, the editor carefully delimited and structured the scope of each topic in a logical order and in order to avoid overlaps (a daunting task in case of edited volumes with numerous contributors like this one!), while on the other hand, all 53 authors followed a logical and consistent structure in their chapters and ensured an expert analysis that would have not been possible had this book been authored by one single person.  

Overall, I found this book to be a great initiative and a very useful and comprehensive guide written by some of the most reputable experts. The chapters are drafted in a clear and understandable way and the editor did a great job putting together some of the most relevant and topical legal and regulatory issues from the football field, thus filling a much-needed gap in the “football law” literature.

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Asser International Sports Law Blog | International and European Sports Law – Monthly Report – February 2017. By Tomáš Grell

Asser International Sports Law Blog

Our International Sports Law Diary
The Asser International Sports Law Centre is part of the T.M.C. Asser Instituut

International and European Sports Law – Monthly Report – February 2017. By Tomáš Grell

 Editor's note: This report compiles all relevant news, events and materials on International and European Sports Law based on the daily coverage provided on our twitter feed @Sportslaw_asser. You are invited to complete this survey via the comments section below, feel free to add links to important cases, documents and articles we might have overlooked.

 

The Headlines 

The CAS award in Hakan Çalhanoglu v. Trabzonspor FC

The dispute between the Turkish football player Hakan Çalhanoğlu and the Turkish club Trabzonspor FC dates back to April 2013, when the latter lodged a claim before the FIFA Dispute Resolution Chamber ('FIFA DRC') alleging that, by signing a contract with the German club Karlsruher SC, Hakan Çalhanoğlu breached the terms of his employment contract (with Trabzonspor FC) without just cause. In January 2016, the FIFA DRC upheld the claims advanced by Trabzonspor FC and imposed a four-month period of ineligibility on the Turkish international. Both the player and the club decided to appeal the FIFA DRC decision before the CAS. In its press release dated 2 February 2017, the CAS reports that it has delivered its award which confirms the four-month ban imposed on Hakan Çalhanoglu by the FIFA DRC (provisionally suspended by the CAS upon the request made by Hakan Çalhanoglu) and orders the Turkish international to pay Trabzonspor FC the sum of EUR 100,000.

The CAS award concerning Russian athlete Mariya Savinova-Farnosova

On 10 February 2017, the CAS rendered its award in the ordinary arbitration procedure between the International Association of Athletics Federations ('IAAF'), the Russian Athletics Federation and Russian 800 metres runner Mariya Savinova-Farnosova. The CAS held that, during the period between 26 July 2010 and 19 August 2013, Ms. Savinova-Farnosova was engaged in using doping, and thus violated Rule 32 (2) (b) of the IAAF Competition Rules. Consequently, the CAS imposed a four-year period of ineligibility on Ms. Savinova-Farnosova, starting from 24 August 2015. In addition, all results achieved by her in the respective period were annulled and she must now return her gold medals from the London 2012 Summer Olympics and the Daegu 2011 IAAF World Championships.

The CAS rejected the urgent requests for provisional measures filed by five Russian cross country skiers 

On 21 February 2017, the CAS refused to order provisional measures requested by five Russian cross country skiers, namely Evgeniy Belov, Alexander Legkov, Alexey Petukhov, Evgenia Shapovalova and Maxim Vylegzhanin, in the appeal arbitration procedure against the International Ski Federation ('FIS'). The athletes requested the CAS to stay the execution of the decisions adopted by the FIS Doping Panel on 25 January 2017 (Evgeniy Belov and Alexander Legkov) and on 6 February 2017 (Alexey Petukhov, Evgenia Shapovalova and Maxim Vylegzhanin) respectively. It is worth recalling that the FIS Doping Panel provisionally suspended the athletes in question on account of the evidence presented in Part II of the McLaren Independent Investigation Report, which unveiled that doping samples of several Russian medallists at the Sochi 2014 Winter Olympics may have been manipulated.

The International Olympic Committee modified the Host City Contract 2024 

In its press release dated 28 February 2017, the International Olympic Committee ('IOC') communicated that, as part of the implementation of Olympic Agenda 2020, it is making specific changes to the Host City Contract 2024 with regard to human rights, anti-corruption and sustainable development. The IOC President Thomas Bach stated that ''this latest step is another reflection of the IOC's commitment to embedding the fundamental values of Olympism in all aspects of the Olympic Games.'' Although the Host City of the 2024 Summer Olympics is scheduled to be announced only in September this year, it is now clear that, be it either Los Angeles or Paris (as Budapest has recently withdrawn its bid), the it will have to abide by additional range of human rights obligations.

 

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