In Matters Of Governance - Setting the Scene (The International Sport Administrators Series Book 1)

Bringing about change is not always easy. What are the burning issues in international sports law that you would like to see discussed at the conference? The much-anticipated overhaul of the football transfer system is eagerly anticipated and is worth a thorough debate, also in terms of possible, viable alternatives. The impact of EU law - both internal market rules, competition law and fundamental rights — can hardly be underestimated. Furthermore, ethics and integrity issues should remain top of the agenda, as is being demonstrated by the current money-laundering and match-fixing allegations in Belgium.

The academic and content-driven approach is a welcome addition to other sports law conferences in which the networking aspect often predominates. LawInSport is a knowledge hub, educational platform and global community of people working in or with an interest in sport and the law. What does this mean?

It means people in sport having access to information that enables them to have a better understanding the rules and regulations that govern the relationships, behaviours and processes within sports. This in turn creates a foundation based on the principles of the rule of law, protecting the rights of everyone working and participating in sport. Conflict of interest will obviously arise in such a small sector, however, there is not a commonly agreed standard in internationally, let alone in sports law.

Therefore, one needs to be diligent when consuming information to understand why someone may or may not hold a point of view, if they have paid to get it published or has someone paid them to write it. For this reason it can be hard to get a full picture of what is happening in the sector. I have the privilege of meeting world leaders in their respective fields law, sport, business, science, education, etc and gain insights from them about their work and life experiences which is incredibly enriching.

Getting access to speak to the people who are on the front line, either athletes, coaches, lawyers, scientists, rather than from a third party is great as it gives you an unfiltered insight into what is going on. On the other side of things, we get the opportunity to help people through either having a better understand of the legal and regulatory issues in sports or to understand how to progress themselves towards their goals academically and professionally is probably the most rewarding part of my work.

The conference is an academic conference that does a great job in bringing a diverse range of speakers and delegates. The discussions and debates that take place will benefit the wider sports law community. We are very proud to start this series of interviews with Women in Sports Law , an association launched in and which has already done so much to promote and advance the role of women in international sports law many thanks to Despina Mavromati for kindly responding to our questions on behalf of WISLaw. Men from the sector and numerous arbitral institutions, conference organizers and universities have come to actively support our initiative.

Women used to be invisible in this sector.

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All-male panels were typical at conferences and nobody seemed to notice this flagrant lack of diversity. The same misperception applies to sports lawyers! Last, there is a huge number of women lawyers working as in-house counsel and as sports administrators. There is a glass ceiling for many of those women, and the WISLaw annual evaluation of the participation of women in those positions attempts to target their issues and shed more light into this specific problem.

The ISLJ Annual Conference has already set up a great lineup of topics combining academic and more practical discussions in the most recent issues in international sports law. Another important reason why WISLaw supports this conference is because the conference organizers are making sincere efforts to have increased diversity in the panels: To date, it is the first time the CAS clearly ruled that the sanction of exclusion from UEFA club competitions for a breach of the break-even requirement was not proportionate.

For this reason the CAS award represents a good opportunity to reflect on the proportionality test under Art. My favourite speed skater Full disclosure: And not from the place I expected. The decision released last week only available in French at this stage looked at first like a renewed vindication of the CAS similar to the Bundesgerichtshof BGH ruling in the Pechstein case , and is being presented like that by the CAS, but after careful reading of the judgment I believe this is rather a pyrrhic victory for the status quo at the CAS.

As I will show, this ruling puts to rest an important debate surrounding CAS arbitration since 20 years: Nevertheless, it should be emphasised that a number of provisions typically arise in these contracts, such as the relevant licensing of trademarks and other distinctive signs, non-compete and exclusivity clauses, first refusal clauses and provisions regarding the assignment of IP rights. In this regard, it is worth noting that the Spanish regulations prohibit the sponsorship of sports events by alcoholic drinks and tobacco brands.

The exact definition of the scope of the exploitation and assignment of such rights is also of utmost importance, as is the self-reservation of rights, as the case may be. The sale of broadcasting rights may be carried out on an exclusive or non-exclusive exploitation basis in accordance with the legal provisions in force. It is mandatory that the duration of the assignment of rights does not exceed three years.

The special relationship of athletes with their employers is of a temporary nature, and salaries are, as a general rule, fixed in the relevant collective bargaining or labour agreement, or in both, apart from in the contract. The labour relationship may end because of any of the general causes of termination of labour contracts e. The free movement of athletes from EU Member States is guaranteed in the same general terms applicable in all EU countries. However, in some sports there are some direct or indirect restrictions on the number of non-EU athletes that can take part in competitions inter alia , football and basketball.

The same happens with minors. Labour agreements may contain provisions that the parties freely agree including those potentially already included in the regulations of the sports governing bodies , provided that these do not contravene compulsory laws, in which case they would be deemed null and void.

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In Spain, competition law issues are increasingly prevalent in the field of sport. Instances of state aid to clubs, the a priori economic control rules imposed on clubs by some professional leagues and the conditions of access to professions e. The intervention of antitrust law measures in sport is not new in Spain. However, situations encountered in the past such as in matters related to the freedom of movement of athletes or broadcasting rights distribution have been resolved, and new issues have developed.

While we are probably not in a position to state that a genuinely separate and autonomous competition sports law exists in Spain, it is undeniable that in recent years, the competition rules have come into play and the authorities are involved more and more in the day-to-day activity of sports, and that the authorities take antitrust principles into consideration in their resolution of conflicts. The professionalisation of sport in Spain has had a great deal to do with this.

The main particularities of the tax regime for athletes and professional clubs in Spain may be briefly summarised as follows. Athletes who are tax residents in Spain shall pay personal income tax PIT on their worldwide incomes. The PIT rules do not foresee a special tax regime for these athletes this used to apply in the past. Athletes who have transferred their image rights to a third party and who have a working relationship with a club that has obtained their image rights as part of such relationship are also taxed PIT on the payments made by the club to third parties for the image rights.

This special rule does not apply if the salary represents at least 85 per cent of the total amount paid by the club to the athlete. Athletes who are not tax-resident in Spain and foreign clubs that obtain income related to their participation in events in Spain can be subject to non-resident income tax in Spain in relation to their participation in events held in Spain. Double tax treaties if any will have to be considered in this respect.

Therefore, the Criminal Code punishes doping in sport, but it does not criminally sanction the use of doping substances by athletes, only its provision or supply to the latter. Betting operators must obtain the corresponding licence prior to carrying out any betting activities. In this regard, remote betting operators must obtain an administrative authorisation or licence granted by the relevant Spanish authority prior to carrying out their business in Spain. As mentioned above, the Criminal Code envisages corruption offences for collusion between individuals, including a specific modality in relation to professional sports competitions.

In this regard, Article bis of the Criminal Code sanctions match-fixing and, in this regard, sanctions club directors, managers, employees and those who collaborate with sports entities, whatever their legal form, as well as athletes and referees, in relation to conduct aimed at deliberately and fraudulently attempting to alter the results of a professional sports match, game or sporting competition.

The sanction foreseen for such conduct includes imprisonment of between six months and four years, a special disqualification banning practising in the industry or commerce for a term of between one to six years, and a fine of up to three times the value of the gains obtained by the illicit activity. As the Criminal Code refers only to the intention to alter results, it is currently not absolutely clear if this can be applied to actions intended to alter the development of an event that can have no impact on the final results. Finally, it should be noted that a criminal offence will be committed through the mere intent of match-fixing; therefore, it is not required that the effective benefit or advantage intended actually occurs.

Notwithstanding this, and bearing in mind that the Regulations only prohibit the resale of tickets on the street and not, e.

Taking into account the existing legal gap, it is worth noting that the region of Catalonia is currently drafting a legislative proposal to prohibit the grey market sale of tickets on the internet without the authorisation of the organiser of the sporting event. However, regarding the sale of tickets to a sport event, most organisers impose a general prohibition on purchasers on reselling tickets, thus establishing the conventional prohibition of such resale as valid. The following recent decisions of the Spanish courts and authorities on sports-related issues are worth mentioning.

The sports law system in Spain is well developed, but it is still growing and being perfected in line with the relatively rapid conversion of sports into a business. Spain has moved from amateurism in sports to professionalism over 25 years and, as usually happens, the law follows the reality. This has meant that a significant number of changes have taken place in recent years to address problems that were unknown decades ago.

The tendency in the Spanish system is to continue to evolve to an even greater extent with the aim of harmonising legislation, as far as possible, with the new trends in international sports law. The Acquisition and Leveraged Finance Review.

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An understanding of the international framework will provide thoughtful manufacturers and distributors with a strategic advantage in this increasingly competitive area. The fifth edition of this book aims to continue to provide those involved in handling shipping disputes with an overview of the key issues relevant to multiple jurisdictions. We have again invited contributions on the law of leading maritime nations, including both major flag states and the countries in which most shipping companies are located.

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