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Sports Law > Regulation of Sport and Introduction to Sports Law > Flashcards

Regulation of Sport and Introduction to Sports Law Flashcards

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1
Q

What is juridification?

A

Process by which a privately regulated sphere of activity becomes colonised by law and lawyers.

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2
Q

What is domestic sports law?

A

Body of internally applicable legal norms created and adhered to by national governing bodies of sport.

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3
Q

What is global sports law?

A

Autonomous transnational legal order through which the body of law and jurisprudence applied by international federations is created in particular that of CAS.

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4
Q

What is national sports law?

A

Laws created by national parliaments, courts and enforcement agencies that directly affects the regulation or governance of sport or which has been developed to develop sports disputes.

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5
Q

What is European sports law?

A

Laws created by the institutions of the EU in particualr the European Court of Justice which affects the regulation or governance of sport or which has been developed to develop sports disputes.

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6
Q

What is international sports law?

A

General or universal principles of law which are part of international customary law, that are applied to sport disputes.

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7
Q

What is the governance of sport in the uk?

A

. Non-interventionist approach from the state into sport
. DCMS role is to encourage and promote participation at all levels
. DCMS policies carried out day to day by UK sport and 4 sport councils

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8
Q

What are the two categories of sports law?

A

. Domestic and global sports law (autonomous) ‘sports law’

. National/Euro/International sports law (external) ‘sport and the law’

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9
Q

What are the advantages of autonomous sports law?

A

. quicker and cheaper than external courts

. panel has sports specific knowledge

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10
Q

What are the disadvantages of autonomous sports law?

A

. Can allow restricitive/unlawful rules to entrenched in sport

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11
Q

National sports law in UK is.. and give example

A

Non-interventionist Approach in the UK
. contrary to France, Spain and others, has no ‘Sport Act’.
. Intervention is based upon necessity and benefit to encouraging participation in sport
e.g. Football spectators act 1989 (safety at grounds)

. Office of Fair Trading- decided public interest for sports league to sell rights to entire competition rather than individual teams selling their rights and resdistribution of revenue rules

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12
Q

Explain international sports law

A

. general principles of international law that are applicable to sport
. The Council of Europe (bigger than EU) has developed a number of Conventions and Resolutions related to sports policy, e.g. The Anti-Doping Convention 1989

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13
Q

Explain European sports law

A

. Articles 6 and 165 of the TFEU provide the EU with competence to act in the field of sport
. EU involvement so far largely related to sporting practices offending the internal market and competition law

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14
Q

Explain the jurisdiction of NGBs/IFs over their members

A

. Have to be contract in place between members in order to govern over them + therefore for any legal case

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15
Q

How are players, clubs, NGBs and IFs interconnected contractually/.

A

Players-clubs :employment contracts
Clubs-NGBs: Licensing
NGBs-IFs:Licensing/affiliation

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16
Q

What was the Jones vs WRU in 1997 case?

A

. Jones condemned of punching player and banned for 4 weeks at a Diciplinary commitee
. Jones appealed to High Court on grounds of unfair trial-no defense allowed
. WRU had to reverse and change diciplinary procedures
.

17
Q

Why are NGBs now companies now limited by guarantee?

A

So it has a seperate legal identity that can be sued, rather than its members being personally liable

18
Q

What are the three main ways a decision of the NGB can be challenged?

A
  1. where there is no contract between parties
  2. Where challenger claims contract is breached by acting unlawfully
  3. NGB operates in restraint of trade
19
Q

What is the governance framework of sport?

A

ISFs - Confederations - NGBs- Clubs/players/athletes

20
Q

What are FIFAs statutes?

A

Article 13: Member (and their members) obligation to rules of FIFA and CAS
Article 61: Judicial bodies are diciplinary, ethics and appeal commitees
Article 66: recognition of CAS to resolve disputes

Sports Law (8 decks)

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