Module 1a Flashcards
five principles of good governance
a) Sustainability
b) Transparency
c) Accountability
d) Integrity
e) Democracy
sport organisation - two big pillars + examples
a) private sector (IOC, NOCs, IFs, clubs, athletes)
b) public sector/administration (International, State, Regional, Local) (UN, Unesco, EU, Council of Europe)
What is the relationship between national & international organisations?
National federations have to recognize certain rules, constitutes and statues given by international federations
characteristics Public Law
- it regulates the relations of the state and public administrations with citizens and private entities
- the rules are exercised on behalf of public interests
- the relation state-citizens is of subordination (fulfilment of orders, imposing regulations)
- the rules are of compulsory/imperative rules
characteristics Private Law
- relations and activities between individuals
- regulations of relations between subjects, on the basis of equal conditions and without interference from the interests of the state
- the private law rules have a coordinative function
- the goal is to regulate and satisfy the needs of the private interests
What are the basic principles of private law?
a) Autonomy of will (if there is an obligation it is because the person assumes it voluntarily)
b) equality
(Between the people involved in the legal relationship)
What is the purpose of the Macolin convention?
- prevent, detect, punish and discipline the manipulation of sports competitions
- enhance the exchange of information and national and international cooperation between the public authorities concerned, sports organisations and sports betting operators.
Do the NOCs depend structually on the IOC?
Yes or No?
Yes
but the NOCs must maintain its autonomy
What are the functions of the NOCs?
- disseminate the fundamental principles of Olympism at the national level
- promote the creation and activities of the Olympic Acdemies
- ensure that the Olympic Charter is respected
- promotion of high level sport and sport for all
- fight against any form of discrimination and violence in sport
Who are the main players of the IOC?
the IFs
What are the functions of the IFs?
- ensure the unformity of sports competitions
- generally private organisations
They Operate like a Monopoly. One federation per Sport and in one federation only one Sport.
four features of the IFs
a) Universalisation
b) Internationalisation
c) Unfication of rules
d) Ranking of best performances
What is unique about the sport system?
it has its own autonomy/specificity
What is the Bosman ruling?
decision concerning freedom of movement for workers
charateristics of IFs
- Generally private associations – wide freedom to shape their structure and internal organisation
- Non-profit organisation
- Worldwide basis – responsible for the organisation of their sport at a global level
- They are governed by their own rules, legal order of the place, where their headquarter are located
- They host the national federations
- They are governed by their own statutes, but they must comply with the mandatory provisions of the national law applicable to them (Criminal Code, labour law etc.)
- The disputes that may arise are settled internally: by private arbitration or by CAS, whose decisions are binding and enforceable by the courts of law
How can the IFs be classified?
a) territorial
b) by sport
c) by competition
d) by the link to the Olympic Movement, whether they are recognized or not
What are additonal functions of the IFs?
- Enactment (Verordnung) of regulations governing the practice of sport
- Classification if participants in categories
- Definition of the participant´s status
- Organisations of major competitions
- Establish and standardize the list of the world records
- To establish the disciplinary regime for the entities and athletes subjects to its authority
Within the Olympic Movement: - Establishing and applying the rules relating to the practice of sport (in the Olympic spirit)
- Express their opinion
two ways (models) of the participation of national IFs in the international sphere
a) model of equal representation
b) model of proportional representation
Model of equal representation
- all national federations affiliated to an IF have exactly the same representation in the governing bodies
- all national federations have the same number of votes
- the number of licences of each national federation, or the number of clubs or the economic importance, or the sports results are not taken into account
Model of proportional representation
- criterion: presence in the governing bodies (may vary from one federation to another)
- basic principles: not all national sports federations have the same weight, and therefore the same decision-making power in the governing bodies of the IF
A) each Federation has one vote, but some extra number according to the abovementioned criterion
B) a certain number of votes is allocated per continent
What is the relationship between national and international federations?
-exclusive and excluding recognition (in both ways)
- the link is by virtue of a transnational law of a contractual nature
transnational law = crimes of international concern
- the rules of international law may conflict with the internal state law
- in some cases european law can prevail over the private sector law
(Bosman case)
HCS/CSD
High Council for Sports (in the spanish system)
- specialised, autonomous body represents the private sectors, ministerial departments and regional administrations
characteristics of sporting clubs
- usually are private organisations
- non-profit
-usually they need to be listed in a public register - Regulation through its own bylaws
sport limited company
- introduction of professional management in sport clubs
Sport Public Limited Company
the members of the board of directors are responsible for the negative economic results of their management
characteristics of professional leagues
- They have the power to regulate the professional league
- Own legal personality and organisational autonomy
- Organise their own competitions, in cooperation with the sport federation
- Budget control over the clubs
two models of legal regulation in sports
a) Interventionist model
b) Abstentionist model
Interventionist Model
- common in southern european countries, belgium and Latin America
- the state directly promotes sport
- a large part of its activities are part of public law
–> higher involvement of the government
Abstentionist model
- common in nothern european countries
–> lower involvement of the government - more freedom (creation of sport enteties, regulation of competitions etc.)
characteristics of the European Sport Model
- pymaridal structure (grassroots amateur sports, regional, national, european federations) (from the base to the top)
- hierarchy between national and international IFs.
- a value based model (based on educational, voluntary work, cultural values)
- a financial solidatity scheme (revenue is distributed)
- one federation per sport per country
- open competitions (accessible of competitons for all clubs at all levels through a releation system which leads to competitive balance)
- based on voluntary work
- legitimate autonomy of sport - decisions are made independet without any political influence at first
such autonomy ensures the universality of sport, its values and its rules, as well as the
integrity of sports competitions. However, this autonomy requires a high degree of good
governance, transparency and accountability, and alignment with national and European
legal frameworks.
–> based on values, education and solidarity
Sport is also subject to other important aspects of EU legislation, such as:
- the prohibition of discrimination on the basis of nationality,
- the provisions relating to citizenship of the Union and
- equality between men and women in employment.
–> EU plays an important rule in the process of defining the legal and organisational framework for the sports governence in Europe
challenges for the European Sports Model
a) the framework is not completely clear - that leads to case to case decisions, restrictive application of the concept of specificity
b) commercialised sports companies (profit models) are contrary to the principles of the euopean sports model (not appropriate to regulate and organise the sport in europe)
American Model of Sport
- major leagues
- private character; the teams are often owned by a commercial company
- purpose: maximise profit
- sport = show
- sport is regulated by the legal system as a whole - like any other economic sector
- teams participation is dependent on their economic involvement/interests
- sport is a private nature
- no public involvment concerning protection and regulation of sport
- no legislative body for regulation
- universities/educational centres assure amateur sports
American Sports Model
a) professional
b) non-professional
a) professional:
- economic stability and profitability of clubs
- interest in guarantee the equality among the teams
- moving around their territority due to economic benefit
- big american leagues
- organising competitions at a federal and transnational level
- closed competitions: no promotion no relegation
- economic stability is pursued over sporting merits /performances
- franchise: teams can participate to a commerical company
b) non-professional:
- structure = similar to the european sport model
- university sport is unique (NCAA, prohibition of financial compensation to athletes )
Who has the competence to authorise the creation of a federation ?
The Government
If there is a conflict between an athlete and a federation - who will settle it?
First the federation itself
Second, CAS
What is the council of Europe?
Intergovernmental Organisation
Objectives:
- Human rights
- parliamentary democracy
- living conditions
The members of the IOC are…
Natural persons (a real human being)
Not delegates of Individual states
It is a discretional selection and not democratic
How does the Associations legal structure looks like?
Legislative= General assembly
Executive = Executive Board/President/General Secretary
Technial= Referee commission, sport specialist commission
Sport Justice = disciplinary committee, conflict Resolution, ethic committee
Consulting committee = press committee, Marketing committee, finance committee, medical
