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- Title
PERSONAL AND ECONOMIC FREEDOMS AND FIFA REGULATIONS (LEX SPORTIVA).
- Authors
Panagiotopoulos, Dimitrios P.
- Abstract
In this paper, we face the implementation of FIFA regulations, as Lex Sportiva rules, examining the possible direct and indirect consequences in the personal and fi nancial freedoms of the involved parts in sports action. First of all, in the content of FIFA regulations we note an "extension" to broader sectors -besides sports matters- such as labor relations, education and professional rights. Those provisions in the fi eld of Lex Sportiva, as we have already mentioned in the past, exceed to sports reality by setting aspects that overlap the "pure" sports events (intra-sports settings) by emphasizing to personal and fi nancial rights. Those settings bind the involved parts in a "unique" way, by obliging them to solve their diff erences in an arbitrary -mostly controversial- way. Those compulsory principles, should be automatically adopted to national legal orders, imposing the exclusive jurisdiction of FIFA bodies (FIFA Disciplinary Committee's decision 17 Sept 2015). FIFA's regulations for the above mentioned matters, in terms of Lex Sportiva, have been established in an autonomous way, having no legislative authorization by a supranational legal entity or any other public authority, as those principles haven't been modified into an international legal framework. As a result, the sense of fairness, the mutual interest of the involved parts and, in general, the proper safeguards of legal rights focused on sports activities can't be ensured (FIFPro, Sept 2015). Consequently, to the extent that FIFA's regulations deal with fi nancial or conventional relationships in football, we face a contemporary legal problem, as it has already been discussed to ILO (IASL Congress 2014) and has been judged before national and EU courts concerning the protection of personal and fi nancial freedoms of football players, football managers and the other involved parts. By this research is shown that there's an emergency for radical changes to the construction of international sports practices taking into account the principles of legality that may lead to the formation of a constitutional charter for sports, including directing lines for FIFA regulations in the fi eld of Lex Sportiva for the purpose of a "healthy" sports jurisdiction. Therefore, measures of delimitation to the preparatory stages about legislation should be dictated in the fi eld of Lex Sportiva, by creating an international framework of legal principles, as a legitimizing basis, a scope of legislative authorizations concerning the international sports institutions (see. FIFA). Those commitments in sports law area could provide the basis for the necessary legal rules not only for -strictly interpreted- sports and discipline matters but also for "peace enforcement" to the sports labour relations.
- Publication
International Sports Law Review Pandektis, 2016, Vol 11, Issue 3/4, p247
- ISSN
1109-3943
- Publication type
Academic Journal