Sports Law
Sports Law Project is mainly focusing on the question how much the law intervenes into the rules of sports sector and when on the other hand it respects sport sector’s autonomy in the light of its specifics. Sports sector is seeking to achieve competitive balance by various tools, for example transfer policy, strict disciplinary sanctions in doping or by potential discrimination based on nationality in nominations for sports events etc. These tools are frequently contested.
Sports sector creates very detailed rules (for example World Anti-Doping Code) and study of parallel systems of sports organizations rules and general law is an inspiration not only for sports world but also for other fields (namely issue of horizontal protection of human rights or economic freedoms).
Since the Czech republic is member of EU, study is dedicated to the legality of sporting rules in the light of free movement of persons and competition law.
Nevertheless not every dispute has European element. Thus the project focuses on progressive case law of Court of Arbitration for Sport (CAS) which was established by Olympic movement in Lausanne as Highest Court of Sport.
Current issue is also an appropriate strategy for dispute resolution in sport, whether in front of sports associations’ organs or in independent court and what are the criteria. This includes forum shopping and submitting the same claims at both, sports sector arbitration organs and courts at the same time.
The aim is to publish information which could be the guide for Czech legal environment of sports and this achievement can be done also thanks to the support of Czech Science Foundation (Grantová agentura České republiky), no. 408/10/P539 (European Sports Law and its Role in Regulation of Sport in Czech Republic).
For the sake of completeness the responsibility for injuries in sport is also researched.
Research Fellow for Sports Law: JUDr. Pavel Hamerník, Ph.D.
Selected results:
Hamerník P., Jaká je míra tolerance práva EU vůči sportovním asociacím? (What is a Tolerance of EU Law towards Sports Associations?) Právník, issue 5/2011 (in Czech).
Hamerník P., Jaký vliv má úprava mezinárodních sportovních asociací na vnitrostátní sport? (What is an Influence of International Sports Associations on Regulation of national sports?, issue 12/2011 of Právník (in Czech).
Hamerník P., Variations of European Sports Law in Football Practice, International Sports Law Journal, 3-4/2011.
Planned publications: E-book of Sports Law (2012, in Czech), the article for Právník journal, Is the Court of Arbitration for Sport indeed the Highest Court of Sports? (issue 11/2012, in Czech) and the article for The Lawyer Quarterly concerning doping regulation (issue 1/2013, in English).
Workshops: The 1st Sports Law Workshop at Institute of State and Law of Czech Academy of Sciences, 14-15th March 2008 and the 2nd Sports Law Workshop, also at the Institute of State and Law, November 7th 2011.