Termination of A Contract of Employment in Football Law & 'Just Cause'
Sports Law & Practice
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3y ago
I have just finished advising on a dispute between a professional football player and a premier league club in a major European league. The dispute was settled between the parties, a few days before commencement of legal proceedings. In many ways, this dispute highlighted the lengths the parties to the dispute are prepared to follow, in order for them to achieve a pre-mature termination of the contract of employment. Termination of a contract of employment is not a new concept in FIFA's regulatory framework. Although its wording and drafting reflects, in many ways, the decision of the Euro ..read more
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Football Law & Financial Transparency: A Case Study
Sports Law & Practice
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3y ago
I promised, some time ago, that I will publish my findings on a wider research project that relates to the case of the football club of Rangers. The project has now been completed and as it is featured in a legal journal, it is currently going through the proofing stage by independent referees [including well respected practitioners and academics]. I am hoping that the findings will be published before the end of the year. This project has as an aim to clarify the several complicated issues that arose out of the case of Rangers. The methodolgy used and the intellectual data applied will su ..read more
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Self-Regulation in Football: Time for Re-Evaluation
Sports Law & Practice
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3y ago
Football administration in Europe is in crisis. Fans around Europe protest against the lack of transparency in the decision making process and against those who have been given the mandate to organise football in their country.  The fans, who on many occasions sacrifice the very last penny they have to support their beloved club, have been let down. This has to stop. We must all be prepared for the imminent apocalypsis, regarding the dubious dealings of those who have chosen to ignore transparency and integrity, in the name of money and satisfaction of personal relationships. The truth ..read more
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The Suspension of Greek Football: An Impending Reality
Sports Law & Practice
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3y ago
Self-regulation is the necessary aspect that characterises the existence of two of the most important sporting governing bodies in the world: FIFA & UEFA. Their particular insistence on protecting self-regulation has been misinterpreted by many commentators and stakeholders in Greece. As a result, Greek football is now fast approaching a word-wide embarrassment.  A few days ago, a member of the Board of Panathinaikos FC filed a private prosecution against the Hellenic Football Federation [HFF] and its handling of football referees. This private prosecution was followed by an injun ..read more
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Sex Discrimination In Sport: Time to Change Attitudes
Sports Law & Practice
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3y ago
I promised my readers, in a previous post, that I will offer discrimination in sport the attention it deserves. I will also ensure that my readers are able to appreciate an insight that usually does not become available to the public.  I am now looking at a case which involves a female professional in football. The opponent is a governing body and the legal basis of the matter concerns sex discrimination in sport. The issues are many and very important for the future of self-governance in sport. The outcome of this matter, will probably expose the dark side of football governance and ..read more
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Discrimination in Sport: No More
Sports Law & Practice
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3y ago
Discrimination in sport is a very important area of the discipline of sports law and deserves special recognition. It may give rise to race discrimination and sex discrimination. The examples from the world of sports are far too many to be ignored and it is my intention to commence today a series of different posts that will critically analyse all pertinent issues to the matter. In doing so, I would also like to invite all of you to contribute to the discussion and, where possible, to suggest solutions. A few days ago I was instructed to look into a possible case of discrimination in sport ..read more
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UEFA Regulations of Financial Fair Play: Prudent Governance or Competition Anathema?
Sports Law & Practice
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3y ago
We heard this week that a football agent is challenging UEFA's Regulations of Financial Fair Play [FFP]. From the relevant press release, we identified the main arguments and we intend to fully analyse them in due course.  In summary, the football agent is claiming that the UEFA FFP Regulations violate certain rights and have the effect of restricting the income of football agents. The basis of the complaint relates to the argument that such regulations are anti-competitive. The arguments for both sides are extremely important and possibly very persuasive. Such ar ..read more
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When Football 'Bites' the Criminal Law & the Descendants of Hannibal Lecter
Sports Law & Practice
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3y ago
It is not my intention to spend too much time discussing the individuals involved, in the incident that marked the game between Liverpool and Chelsea on Sunday 21 April 2013. The most important aspect of this discussion relates to the appropriate regulation of 'on the field violence' incidents. Such was the indignation caused with the incident in question, that the old perennial discussion of the differences between self-regulation and state regulation becomes pertinent. This was not the first time that spectators at a football ground [and all over the world via their television sets] witn ..read more
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Re-structuring Scottish Football: To Vote or Not To Vote?
Sports Law & Practice
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3y ago
This blog has, extensively, been analysing, over the last few months, all developments in relation to Scottish football. I have written several posts as to the dangers of avoiding an effective change in the structure of all Scottish leagues and, most importantly, I have contacted the Scottish Football Association, with specific proposals regarding such changes. It became evident today that the changes proposed by the football authorities have not satisfied all of their stakeholders. The lack of unanimity in the voting process, demonstrates not only the plethora of different  and uncompr ..read more
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Preliminary (Provisional) & Conservatory Measures before the Court of Arbitration for Sport (CAS): Procedure & Practice.
Sports Law & Practice
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3y ago
  An important aspect of procedure and practice before the CAS, relates to the ability of applicants to seek urgent protective measures, in the form of an application for a Stay of execution of the appealed decision. The legal basis for such application can be identified in Article 183 of Swiss Private International Law and R37 of the CAS Code. The latter, provides that the CAS may, upon request of a party, order preliminary or protective measures. According to CAS practice and jurisprudence (See CAS 2003/O/486; CAS 2013/A/3324; CAS 2013/A/3199; CAS 2010/A/2071. CAS 2001/A/329; CAS ..read more
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