They have a narrow specialization and specific knowledge. However, some participants in sports competitions ignore this rule and turn to national courts. "Because there is the Constitution," they argue.
Our sports lawyers tried to figure out what’s wrong with this position in an article published in the second issue of the scientific journal "Lex Sportiva" in 2022.
Topic:
“Problematic Issues of Resolving Sports Disputes in National Courts”.
Article authors: Ganna Gnizdovska, sports law attorney, Ph.D. in Law, Head of "Juris Ferrum" Law Firm, and attorney Nataliia Kyreieva.
KEY POINTS:
- not all disputes in the field of professional sports are of a purely sporting nature;
- those that are of a sporting nature are considered exclusively by sports jurisdiction bodies;
- decisions of such bodies can be appealed to the Court of Arbitration for Sport (Lausanne, Switzerland), not to national administrative courts;
the positions of the Supreme Court confirm the practice of the impossibility of considering disputes in national courts. We have thoroughly analyzed the existing practice but have not found a single case of a sports dispute being resolved on its merits in a national court.
You can read the full text of the article via this link.