Integrity, Ethics and Good Governance in Sports

Grupo	Profesor	Departamento	Idioma
1 - Law Exchange Program 20	Juan Crespo Pérez	Derecho	ENG

Contribución de la asignatura al programa

The course is divided into four parts.
The first part serves as an introduction and covers the essential elements of sports regulation at the national and international levels (sports pyramid and the different international actors) and how their relationships create what we nowadays call sports law or "lex sportiva.?

Subsequently, the next two modules will analyze two key aspects of the legal-sports reality, athletes as subjects of law and the different sports entities (stakeholders) that coexist with them (from national and international federations, through the IOC or WADA, among others). Thus, these two modules will bring the student closer to the reality of each actor in sport, with special emphasis on national regulation.

Finally, the last part of the course will analyze the different dispute resolution methods created and applied by the sport-legal actors, with special mention to the arbitration of the Court of Arbitration for Sport (TAS-CAS) and the different ways that exist in the Spanish state.

Objetivos de aprendizaje de la asignatura

- To introduce students to the specificities of sports law, the institutions that regulate it and how the law affects each actor differently.
- To enable students to make the right decisions regarding sports legal advice, allowing them to know the necessary tools to deal with any legal problem in the field of sports practice or the actors involved in it.
- To understand the legal-sports framework in general, identifying common problems that may affect any sports manager.
- To provide practical experience in the resolution of real sports law cases, as well as current intellectual debates that allow us to understand the current problems in a dynamic and didactic way.

Contenidos

1. CONTENTS Introduction to sports law The introduction to sports law is based on the understanding of its pyramidal structure, with the Olympic Committee at the top, going down to the international federations, national federations and national Olympic committees, passing through the entities federated to them (clubs and associations) and ending with the athletes at the bottom. We will also analyze in more depth the Spanish reality and other sport-legal actors that influence the pyramid, such as the World Anti-Doping Agency. This subject will be dealt with through master classes that will be accompanied by debates among the students and work in which they will have to analyze the requirements to create a sports federation, whether at the state or international level. The athlete as the axis of sports law Royal Decree 1006, FIFA RSTP, Collective Bargaining Agreements and other regulations. Each session is divided into two parts, the first part being dedicated to an orderly and systematized exposition from a practical perspective of the rules that affect professional or amateur athletes and how the sporting legal system regulates their relationship with other actors in sports. Special reference will be made to key cases such as the BOSMAN ruling. The second part consists of an orderly and practical structuring of the different aspects to be taken into account in the drafting of contracts involving professional sportsmen and sportswomen; this part requires the active participation of the students. The practical training is completed with a practical session in which the students will present an analysis of jurisprudence, focusing mainly on aspects they believe to be more complex. 3. Other sport-legal actors The following sport-legal actors will be analyzed in greater detail: ¿IOC and the Olympic Charter (special mention to the Olympic Games)? WADA and the World Anti-Doping Code International Federations (especially FIFA, FIBA and FIA) National Federations (RFEF and RFET/FER) Legal functioning of a soccer club The practical part of this module will focus on the conflict between different sport-legal actors for the right to organize their competitions (FIBA-Euroliga, UEFA/FIFA-Superliga) and the obligation to comply with the rules relating to integrity in sport and doping. 4. The resolution of sport-legal conflicts Each session is divided into two parts, the first being dedicated to an orderly and systematized exposition of the different means for resolving sport-legal conflicts (CAS-CAS, ordinary jurisdiction, BAT, EHF Court, national arbitration). In the second part, students must participate based on what has been presented in class. Simultaneously, practical cases and the reading of judgments and jurisprudence will be provided to illuminate the theoretical exposition. Most of these materials are sent to the students in advance so they can work on them at home and bring the prepared topics to the session. This second part allows the students to analyze and resolve the practical cases and jurisprudential assumptions submitted to their study.

1. CONTENTS

Introduction to sports law
The introduction to sports law is based on the understanding of its pyramidal structure, with the Olympic Committee at the top, going down to the international federations, national federations and national Olympic committees, passing through the entities federated to them (clubs and associations) and ending with the athletes at the bottom.
We will also analyze in more depth the Spanish reality and other sport-legal actors that influence the pyramid, such as the World Anti-Doping Agency.
This subject will be dealt with through master classes that will be accompanied by debates among the students and work in which they will have to analyze the requirements to create a sports federation, whether at the state or international level.
The athlete as the axis of sports law
Royal Decree 1006, FIFA RSTP, Collective Bargaining Agreements and other regulations.

Each session is divided into two parts, the first part being dedicated to an orderly and systematized exposition from a practical perspective of the rules that affect professional or amateur athletes and how the sporting legal system regulates their relationship with other actors in sports. Special reference will be made to key cases such as the BOSMAN ruling.
The second part consists of an orderly and practical structuring of the different aspects to be taken into account in the drafting of contracts involving professional sportsmen and sportswomen; this part requires the active participation of the students.
The practical training is completed with a practical session in which the students will present an analysis of jurisprudence, focusing mainly on aspects they believe to be more complex.

3. Other sport-legal actors
The following sport-legal actors will be analyzed in greater detail:
¿IOC and the Olympic Charter (special mention to the Olympic Games)? WADA and the World Anti-Doping Code International Federations (especially FIFA, FIBA and FIA) National Federations (RFEF and RFET/FER) Legal functioning of a soccer club
The practical part of this module will focus on the conflict between different sport-legal actors for the right to organize their competitions (FIBA-Euroliga, UEFA/FIFA-Superliga) and the obligation to comply with the rules relating to integrity in sport and doping.

4. The resolution of sport-legal conflicts
Each session is divided into two parts, the first being dedicated to an orderly and systematized exposition of the different means for resolving sport-legal conflicts (CAS-CAS, ordinary jurisdiction, BAT, EHF Court, national arbitration). In the second part, students must participate based on what has been presented in class.

Simultaneously, practical cases and the reading of judgments and jurisprudence will be provided to illuminate the theoretical exposition. Most of these materials are sent to the students in advance so they can work on them at home and bring the prepared topics to the session. This second part allows the students to analyze and resolve the practical cases and jurisprudential assumptions submitted to their study.

Metodología

The work methodology will be practical/theoretical, based on the one hand on lectures and the other hand with practical sessions focused on the resolution of cases and exercises related to sports law.
The main learning activities used in the course are individual and/or group work. Students will carry out case studies during the course and a final paper and actively participate during the classroom sessions through debates, presentations, etc.

Criterios de evaluación

At the end of the module, students will be evaluated based on the learning activities carried out in each of the two parts of the course structure. Both parts will have the same weight in the final grade (50% each).
The evaluation will consist of answering in writing the questions formulated in the final assessment. This evaluation is complemented by the one obtained by the student's participation in class and with work entrusted to them to carry out outside the hours of class, whose positive result allows them to improve the qualification obtained in the final assessment.
The weighting of the final grade:
Written resolution of the different questions that are asked and/or practical cases that are presented during the course: 70 %
Student participation in class: 30 %

Bibliografía

- Adyel, K. (2022): Forum on Comparative Sports Law: Legislative and Regulatory Framework and Economic Issues (Our Knowledge Publishing).

- Cattaneo, A; Parrish, Richard (2020) Sports Law in the European Union (Kluwer Law International).
- Court of Arbitration for Sports (2023): CAS Code (self-published).

- FIFA (2023): Regulations on the Statute and Transfer of Players (self-published).

- FIFA (2021): Commentary on the Regulations on the Statute and Transfer of Players (self-published).

- Geeraert, A. (coordinator) (2021) Good Governance in Sport: Critical Reflections (Routledge).
- International Olympic Committee (2020): The Olympic Charter (self-published).

- Nafziger, J.A.R (2013): Transnational Law of Sports (Edward Elgar Publishing Ltd)Match-Fixing in Sport: Comparative Studies from Australia, Japan, Korea and Beyond (Routledge).
- Omondi-Ochieng, P (2017): United States Professional Sports & The Law: A Maximization Approach (AP LAMBERT Academic Publishing).
- World Anti-Doping Organization (2022): World Anti-Doping Code (self-published).

Tipo:	OPT	Curso:	1	Periodo:	S semestre
Créditos ECTS:	3 ECTS

Integrity, Ethics and Good Governance in Sports (2235.YR.014673.1)

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