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Application of EU Law in International Sports Arbitration
Paterová, Karolína ; Exner, Jan (advisor) ; Vondráčková, Aneta (referee)
Application of EU Law in International Sports Arbitration Karolína Paterová Abstract The aim of this thesis is to explore and analyse the possibilities for individual athletes of how to defend their rights with help of EU law. The premise of this thesis is the closed system of sports governing bodies and of further procedure at Court of Arbitration of Sports with the possibility to appeal to the Swiss Federal Tribunal is not always sufficient to protect rights of individual athletes. The author of this master's thesis first claims that if there is a decision in the international sports arbitration (decision of a sports governing body and then the one of CAS), an individual athletes should be able to seek the remedies through EU law. Secondly, two options of how to proceed in such case are provided. The author analyses each of them, especially by referring to the most significant judgements of the CJEU. The author also provides her opinion on both possible ways as well as on approach of sports governing bodies and of the Commission. The structure of this master's thesis is as follows. It first deals with the procedure in the international sports arbitration - which is the procedure before particular sports governing bodies followed by the appeal procedure at CAS. Then, it dives into the relationship between...
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Independence and impartiality of the Court of Arbitration for sport in the context of the Pechstein case
Plevková, Tereza ; Štědroň, Bohumír (advisor) ; Exner, Jan (referee)
Title: Independence and impartiality of the Court of Arbitration for sport in the context of the Pechstein case Objectives: The main objective of this bachelor thesis is to identify a structural imbalance in the Court of arbitration for sport and to devise some suggestions for a new reform of CAS. Methods: This thesis used the method of analysis of the secondary data from documents of various formats, specifically different variants of web resources and books. Results: I have found that the Court of arbitration for sport has several structural imbalances in these parts: Independence of ICAS, Independence of individual arbitrators, Information on arbitrators, Publication of CAS awards, Publication of administrative documents and Access to justice. Because of that I proposed eight suggestions, which could eliminate partiality of the CAS. Keywords: independence, impartiality, the Claudia Pechstein case, Court of Arbitration for sport
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Institutional fight against doping in sport
Matějka, Petr ; Balaš, Vladimír (advisor) ; Lipovský, Milan (referee)
Institutional fight against doping in sport The diploma thesis with the title Institutional fight against doping in sport deals with the problematic issues of using banned substances and banned methods in sport or any other violation of anti-doping rule from the point of view of establishing international institutions with worldwide scope of activity with the aim of elimination of doping in sport. After the general introduction into the problematic issues of doping with the description of the historical roots of this unfair sporting practice there is a part focusing on the basic instruments of the fight against doping. A principle of strict liability of a sportsman for a violation of anti-doping rule is described, as well as the list of banned substances and banned methods, the process of testing, the therapeutic use exemption, the whereabouts and the athlete biological passport. In the following part the instruments of the public international law which were concluded by Council of Europe and UNESCO are analysed. The fight against doping in sport is transported through these international conventions on the level of intergovernmental cooperation which reflects the important non-governmental institutions and binds itself to international coordination. The main part of the thesis is contributed to...
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Independence and impartiality of the Court of Arbitration for sport in the context of the Pechstein case
Plevková, Tereza ; Štědroň, Bohumír (advisor) ; Exner, Jan (referee)
Title: Independence and impartiality of the Court of Arbitration for sport in the context of the Pechstein case Objectives: The main objective of this bachelor thesis is to identify a structural imbalance in the Court of arbitration for sport and to devise some suggestions for a new reform of CAS. Methods: This thesis used the method of analysis of the secondary data from documents of various formats, specifically different variants of web resources and books. Results: I have found that the Court of arbitration for sport has several structural imbalances in these parts: Independence of ICAS, Independence of individual arbitrators, Information on arbitrators, Publication of CAS awards, Publication of administrative documents and Access to justice. Because of that I proposed eight suggestions, which could eliminate partiality of the CAS. Keywords: independence, impartiality, the Claudia Pechstein case, Court of Arbitration for sport
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