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Dispute resolution with an international element within the area of sports law
Kořínková, Markéta ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
RESUMÉ Title of the thesis: "Dispute resolution with an international element within the area of sports law". The aim of the thesis is to outline the systém of the dispute resolution reflecting sport specifics, especially the autonomy of sport bodies. The autonomy allows sport federations to establish decision-making bodies deciding upon the rights and duties of their members. In the first chapter of the thesis I discuss the proceedings before the decision-making bodies of the international sport federations. These bodies decide especially on disciplinary matters. As appeal bodies they deal with challenged decisions of the lower organizational level authorities. They also exercise jurisdiction in all matters entrusted according to the statute or other regulations while applying especially regulations of the relevant sport federation. I discuss the compliance of the principle of the fair proceedings and the issue of the binding force of a decision. The decision of sport bodies can be challenged only after the exhaustion of the remedies within the relevant sport federation in the proceedings before an ordinary court or arbitral tribunal if an arbitral agreement have been concluded. The judicial review is examined in the second chapter of my thesis. I deal with the admissibility of the judicial review of the...
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Sports Arbitration
Vochoska Haindlová, Markéta ; Kohout, David (advisor) ; Ondřejek, Pavel (referee)
Sports arbitration Abstract In this thesis, I address international sports arbitration and its application to solving a variety of legal issues. Simultaneously, I describe significant issues related to doping and performance enhancing substance abuse. I provide thorough analyses of individual international arbitration bodies; their governance over athletic environment, and appeal and dispute resolution procedures. This thesis points out selected organizational and procedural issues of international arbitration and its bodies and suggests possible solutions. I use a number of significant and notable arbitration cases (including legal case of a client I personally represented in front of the Court of Arbitration for Sport) to support argument. Keywords: sports law, arbitration proceedings, International Court of Arbitration for Sport, strict liability, doping
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Criminal liability for sports injuries
Skařupa, Petr ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Criminal liability for sports injuries The master thesis inquires into issues in respect of criminal responsibility for sports- related injuries. The author focuses on historical development of responsibility for sports injuries in the initial stage of the paper, as well as on general delimitation of sports and its segmentation. The goal of the following chapter is to present an interconnection between sports and law, particularly to illustrate relation between sports and criminal law on several diverse approaches of legal doctrine. The subsequent part of the paper analyses the topic of criminal responsibility of an athlete for injuries inflicted to another athlete from the perspective of legislation, sports-legal doctrine and practice of the court. The emphasis is placed on individual requirements for criminal responsibility, elements of crime and a listing of specific crimes relevant for the field in question. The crucial part of the paper rests in application of the particular circumstances excluding criminal responsibility in the field of sports injuries in the context of the legal doctrines, which appear during historical development. The author addresses specific legal doctrinal theories and endeavours to reflect the ascertained findings in the Czech criminal law. The thesis does not omit...
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Doping in sport and arbitration procedure related thereto
Krupauerová, Martina ; Horáček, Vít (advisor) ; Růžička, Květoslav (referee)
This diploma thesis aims to describe and examine the legal framework of the anti-doping system, which is a phenomenon of top-level sport, i.e. the rules controlling institutions, legal rules, arbitration procedure etc. At the beginning of the thesis, the author would like to describe to its readers the history and the origin of the term "doping" as itself and how it developed both in the modern sport history and also as a term important for arbitral proceedings. Next chapter is related to the system of the testing, starting with a preventive control ad testing related to it. Numerous chapters present together an extensive overview of the anti- doping program, the legal system related to it and its debated issues with connections to several legal branches. After the testing proves a positive finding, the sportsmen face a serious risk of being punished (if some of the exception do not apply) because of the strict liability. Since this kind of liability might seem harsh for many, the author presents to readers both the opinions in favor of this system and against its use. The anti-doping system and its rules, the World Anti- Doping Code, changes continuously, therefore author decided to also stress out the most important changes which were brought with the last amendment of the Code, which is effective...
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Selected issues of status of a professional athlete
Pospíšil, Daniel ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
v anglickém jazyce (abstract in English) This thesis discusses the very topical issue of the status of professional athletes. The answer to the question whether the exercise of a professional sporting activity falls within the definition of dependent work in accordance with the Labor Code is currently still unresolved. Although there are strong arguments in favor of the subordination of at least part of the legal relations in professional sports under the labor legislation, the current situation is exactly the opposite. The vast majority of athletes today carry out their activities as self-employed persons. In this respect, the practice in the Czech Republic differs from the majority of other, not only European, countries where athletes normally have the status of an employee and possess the corresponding rights. This practice was recently explicitly allowed by the Supreme Administrative Court, stating that despite all the similarities, such activity is so specific that it defies the notion of dependent work. Czech law does not currently include any regulation of this issue, whilst it is evident that the current wording of the Labor Code is in fact inapplicable to the specific relationships in professional sports. It is therefore no wonder that the Czech sport clubs take advantage of the option not...
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Dispute resolution with an international element within the area of sports law
Kořínková, Markéta ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
RESUMÉ Title of the thesis: "Dispute resolution with an international element within the area of sports law". The aim of the thesis is to outline the systém of the dispute resolution reflecting sport specifics, especially the autonomy of sport bodies. The autonomy allows sport federations to establish decision-making bodies deciding upon the rights and duties of their members. In the first chapter of the thesis I discuss the proceedings before the decision-making bodies of the international sport federations. These bodies decide especially on disciplinary matters. As appeal bodies they deal with challenged decisions of the lower organizational level authorities. They also exercise jurisdiction in all matters entrusted according to the statute or other regulations while applying especially regulations of the relevant sport federation. I discuss the compliance of the principle of the fair proceedings and the issue of the binding force of a decision. The decision of sport bodies can be challenged only after the exhaustion of the remedies within the relevant sport federation in the proceedings before an ordinary court or arbitral tribunal if an arbitral agreement have been concluded. The judicial review is examined in the second chapter of my thesis. I deal with the admissibility of the judicial review of the...
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The Impact of EU law on the status of athletes
Hamerník, Pavel
The article describes post-Bosman legal environment of athletes and picks some examples which demonstrate diversity in regulation of sport sector with focus on labor law relations. Firstly it refutes the Czech myth that the ratio of Bosman case imposes on member states a duty to legislate that all athletes are employees. Then the article covers differences concerning post-Bosman requirements for international transfers and transfers within one state etc. Influence of Fixed-term directive on sports relations is described and its effects in connection with some concrete cases coming from couple of national jurisdictions, which surprisingly depart from recognition of specificity of sports sector, referring to general labor laws. Therefore the article considers that also the social dialog might be a solution for sports sector rather than to rely on case by case basis of its relationship to law in front of the courts. Article also in its conclusion admits that it seems to be impossible to harmonize European labor law to sport because it is indeed special and new article in Lisbon Treaty does not solve much in this respect as well. Therefore the main message of the article is its presentation of varieties of European labor and sports law.
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