Module 1a

Question 1

five principles of good governance

Answer 1

a) Sustainability
b) Transparency
c) Accountability
d) Integrity
e) Democracy

Question 2

sport organisation - two big pillars + examples

Answer 2

a) private sector (IOC, NOCs, IFs, clubs, athletes)
b) public sector/administration (International, State, Regional, Local) (UN, Unesco, EU, Council of Europe)

Question 3

What is the relationship between national & international organisations?

Answer 3

National federations have to recognize certain rules, constitutes and statues given by international federations

Question 4

characteristics Public Law

Answer 4

• 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

Question 5

characteristics Private Law

Answer 5

• 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

Question 6

What are the basic principles of private law?

Answer 6

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)

Question 7

What is the purpose of the Macolin convention?

Answer 7

• 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.

Question 8

Do the NOCs depend structually on the IOC?
Yes or No?

Answer 8

Yes
but the NOCs must maintain its autonomy

Question 9

What are the functions of the NOCs?

Answer 9

• 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

Question 10

Who are the main players of the IOC?

Answer 10

the IFs

Question 11

What are the functions of the IFs?

Answer 11

• 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.

Question 12

four features of the IFs

Answer 12

a) Universalisation
b) Internationalisation
c) Unfication of rules
d) Ranking of best performances

Question 13

What is unique about the sport system?

Answer 13

it has its own autonomy/specificity

Question 14

What is the Bosman ruling?

Answer 14

decision concerning freedom of movement for workers

Question 15

charateristics of IFs

Answer 15

• 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

Question 16

How can the IFs be classified?

Answer 16

a) territorial
b) by sport
c) by competition
d) by the link to the Olympic Movement, whether they are recognized or not

Question 17

What are additonal functions of the IFs?

Answer 17

• 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

Question 18

two ways (models) of the participation of national IFs in the international sphere

Answer 18

a) model of equal representation
b) model of proportional representation

Question 19

Model of equal representation

Answer 19

• 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

Question 20

Model of proportional representation

Answer 20

• 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

Question 21

What is the relationship between national and international federations?

Answer 21

-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)

Question 22

HCS/CSD

Answer 22

High Council for Sports (in the spanish system)
- specialised, autonomous body represents the private sectors, ministerial departments and regional administrations

Question 23

characteristics of sporting clubs

Answer 23

• usually are private organisations
• non-profit
  -usually they need to be listed in a public register
• Regulation through its own bylaws

Question 24

sport limited company

Answer 24

• introduction of professional management in sport clubs

Question 25

Sport Public Limited Company

Answer 25

the members of the board of directors are responsible for the negative economic results of their management

Question 26

characteristics of professional leagues

Answer 26

• 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

Question 27

two models of legal regulation in sports

Answer 27

a) Interventionist model
b) Abstentionist model

Question 28

Interventionist Model

Answer 28

• 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

Question 29

Abstentionist model

Answer 29

• common in nothern european countries

–> lower involvement of the government - more freedom (creation of sport enteties, regulation of competitions etc.)

Question 30

characteristics of the European Sport Model

Answer 30

• 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

Question 31

Sport is also subject to other important aspects of EU legislation, such as:

Answer 31

• 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

Question 32

challenges for the European Sports Model

Answer 32

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)

Question 33

American Model of Sport

Answer 33

• 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

Question 34

American Sports Model
a) professional
b) non-professional

Answer 34

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 )

Question 35

Who has the competence to authorise the creation of a federation ?

Answer 35

The Government

Question 36

If there is a conflict between an athlete and a federation - who will settle it?

Answer 36

First the federation itself
Second, CAS

Question 37

What is the council of Europe?

Answer 37

Intergovernmental Organisation
Objectives:
- Human rights
- parliamentary democracy
- living conditions

Question 38

The members of the IOC are…

Answer 38

Natural persons (a real human being)
Not delegates of Individual states

It is a discretional selection and not democratic

Question 39

How does the Associations legal structure looks like?

Answer 39

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