|
PROGRAMME:
The official language for the whole Programme, including classes, clinics and the practical internships, is the English Language.
CIVIL LAW
Sports Law
- Governance in Sport / The international sports organizations
- FIFA and its structures / Statutes & Regulations
- IOC and its structures / Statutes & Regulations
- Doping and WADA
Alternative Dispute Settlement
- Mediation
- Arbitration
- CAS/TAS
State Law vs. Sport Law
- Self governance of sports organization
- Conflicts of jurisdiction
- The (civil and criminal) liability of the athlete and/or other entities in the competition
- Doping and state law
Law of Contracts
Labour Law
- The “autonomous” athlete
- The subordinated relationship between the athlete and the employer
BUSINESS LAW
Competition Law
- USA Antitrust Law
- EU Competition Law
Intellectual Property Law
International Business Law
Insurance Law
Marketing, Sponsoring, Merchandising and TV rights
Tax Law
- The Tax residence of the Sportsmen: the different criteria in the International National Laws and in the International Rules
- Taxation of image rights
- Sport Service and VAT
- Rules in Double Tax Treaties against the abuse of companies
- The tax planning of the wealth of the sportsmen
SOCIOLOGY & NEGOTIATIONS TUTORIALS
Sport in Society
Human Rights Law
Negotiations
Advanced Skills in Managing Conflict
General description:
The descriptions of the topics are drawn up in their main features. All Guest Professors are free to approach and raise any related issues they deem interesting and appropriate.
Classes given by Guest Professors:
Each week is dedicated to one topic (few topics are larger and are exceptionally dealt with over two weeks). Each Guest Professors will have at disposal 13 hours (1,5 days) to present the topic of the week. The topics are completed by further classes given by senior lecturer, as well as practical classes given by junior lecturers.
Some Guest Professors are assigned to Practical Tutorials. The Practical Tutorials aim to approach a specific topic through both theoretical and practical ways. The idea is to study a question of Sports law with the support of practical exercise, imaginary or real cases actively debated with the students.
At least two weeks in advance, the Guest Professors are kindly invited to inform and provide ISDE with the literature and/or documents related to their class that the students shall read and prepare in advance, if any. At the same time, for organizational purposes, any PowerPoint presentation that will be used during the lectures should be sent to ISDE early enough.
In any case, each Guest Professor shall feel free to organize practical cases, active exercises or discussion for the students within the time attributed for the class.
Classes given by senior professors:
The senior professors are experienced professors. In principle, normal classes are held four times a week (18 hours). The senior professors will develop and complete the topic of the week in order to give the students the best and most complete overview of each topic. They will be at the disposal of the students to answer their enquiries or go deeper into a specific question taking into account the requests of the students and the proposal of the Guest Professors.
Practical Classes given by junior professors:
Practical classes are usually held twice a week (6 hours) and are conducted by junior professors. The practical classes are related to the topic of the week. These classes aim to offer the students the opportunity to learn the practical application of the topics discussed with and taught by the Guest Professors through concrete cases, exercises, description of situations, etc.
Guest Professors are cordially invited, according to their availability, to propose, recommend or suggest themes, documentation or specific case law related to their class in view of the practical class to the senior and junior lecturer.
Description of the Topics:
Introduction:
Introduction to Sports law in general, sport in society, governance in sport overview of the organizational developments of sport, its national and international institutions, and their legal form from an historical and modern point of view, presentation of the rules governing sports activities, the scope of application, the cohabitation of Sport law and State law system, Sports governing and judicial bodies, future issues that Sport Law and institutions may face in the coming years.
The theme Globalization of Sport Law will be dealt with separately in specific class (week 8).
Sports Institutions:
- IOC and its structures
Presentation of the IOC and its structures, understanding of the IOC, its genesis, its functions, its organizations, its role played in the promotion of sport, the delimitation of the competences towards and the cooperation with other sport associations, its statutes and regulations, the Olympic movement.
- FIFA and its structures
Complete account of FIFA, its structure, its role and functions, its competences, the competences of its member associations and confederations, and its regulations. FIFA regulations, in particular the Regulations for the Status and Transfer of Players (training compensation, solidarity mechanism, registration of players, transfer of players, stability of contracts).
- WADA, its structures, Doping
History and creation of the WADA, its mission, its statutes, its composition and its programs, the World Anti-Doping Code, doping cases law.
- Functioning of a football association
Description of the practical experience of a football association, how is a football association organized, financing, functions, attributions, decision process within a football association, internal regulations, dispute-related deciding bodies, participation of the clubs and players, national team.
Applicable Regulations:
- International law: State Law vs. Sport Law
The regulatory framework (national and European regulations vs. regional, national and international sports federations), the interaction of Sport associations law and State law, recognition of the organisational structures of sports governing bodies and the particular dynamics and cultures found within sport, the complexities of globalisation and its effects on the regulatory process, approaches to Sport in the European Union, the question whether sport can be regulated by States or Europe, the frontiers of regulatory mechanisms, the legal autonomy of Sport organisations and the restrictions of European Law, the principles of the EU Treaty which include, the basic freedoms of mobility (people, establishment, services and capital) and free competition, regulation of the migration of professional sportsmen in Post-Bosman Europe.
- Competition law (EU competition law)
General principles of the EU competition law, areas of applications, conditions of applications, consequences on the association’s rules and regulations as well as on the commercialization of sport rights, antitrust authorities, case law.
Sports Law:
- Globalization in Sport
Topic proposed by Mr PAULSSON.
- Law of contracts
Minimum requirements of a contract, clauses of jurisdiction, applicable law, salvation clause, penalty clause, liquidated damage, violation of contracts, enforcement of contracts, cautelary and provisional measures in case of non-fulfilment.
- Labour Law (2 parts in one week)
First Part: Principles.
Employment relationship between employers and sportsmen, State and associations rules governing the contractual relationship between the club and sportsmen, protection of the sportsmen as an employee, labour principles applying specifically to sport, specificities of sportsmen’s contracts, conclusion and duration of employment contacts.
Second Part: Breach of contract.
Principle of contractual stability in football, breach of contract, termination with just cause, notion of gross misconduct, consequences of breach of contract (sportive and financial sanctions), method for resolving disputes (civil court, arbitration, mediation, etc...), cases law.
- Doping and State Law
Principle of prohibition of drug use, delimitation between authorized substances and prohibited substances, applicable regulations (associations and state law, delimitation), state law regulating doping offences, legal challenge beside the medical dilemma, means of redress, controls, criminal and civil responsibility, cases law
- Civil and Criminal Liability of sportsmen (1 part)
Consent and the rules of the game, interplay of civil and criminal liability for sporting injuries, doping, degree of fault (tort, negligence,…) range of sanctions (disciplinary and criminally), compensation, cases law
Business Law:
- Intellectual Property law
The protection of sportsmen’s images in relation to other individual rights and the limits of this protection, the protection of the sportsmen’s person and personality and their economical interests, exercise and exploitation of image rights, ownership of intellectual rights (photograph, trademarks, copyright, TV rights exploitation contracts, other rights) agreements for the exploitation of features of one’s personality, the commercial exploitation of the sportsmen’s image, remedies against infringers, privacy and publicity Right, new media.
- Financial & Economic Principle of Sport
Financial and economic aspects of sport organizations, financial sources of clubs, leagues, federations, concepts of financial management, analyze techniques used in the sport industry, Can a club be rentable?
- Legal Instrument related to sport financing
What are the most common contracts made between a sports entity and the subsidizing entity?
- Marketing, Commercial Sponsoring, Merchandising and TV Rights
(2 parts)
Commercialization of rights in Sport, its principles with focus on the specificities and requirements of sport. Marketing in Sport and through Sport, commercialization of sportive-related services, products issued from the various entities in Sports (merchandising), commercial advertising and sponsoring.
First part: Marketing and Sponsoring
General principles of Sport Marketing and Sport sponsoring, the definition of Marketing, specificities of the bid and offer in Sports, structure of the Sport market, Marketing of (selected) clubs or football associations, introduction to the first appearance of sponsoring in Sport and its modern form, function of the sponsoring agencies, function of the mass media in sponsoring.
Second part: Merchandising and TV Rights.
Definition of the merchandising related to professional sports team and their players, the principle of merchandising, brand or image, developing advertising, display and applicable regulations. Definition of the TV rights, the principles, the market, the specificities, broadcasting, revenue, specific issues regarding ownership and competition law.
- Human Rights and Sport
Interaction of the Human Rights with Sport with support of practical cases or example of case law, right to work and to develop, religious believe (e.g. training during Ramadam for Muslim or on Saturday for Jewish), the physical integrity and the personal liberties of sportsmen in their professional or amateur activities (e.g does the taking of blood sample for doping reasons violate the basic rights of an athlete).
- Tax Law
The Tax Law class contains the following topics:
- The Tax residence of the sportsmen; the different criteria in the international National Laws and in the international rules
- Taxation of image rights
- Sport Service and VAT
- Rules in Double Tax Treaties against the abuse of companies
- The Tax planning of the wealth of the sportsmen
Alternative dispute settlement
- Mediation, Arbitration
Arbitration: Arbitration institutions, ordinary and appeal procedures, categories of sports-related disputes, awards.
Mediation: Concept, Advantages, Forms (Conciliation, Mediation, Neutral Evaluation, Expert Determination), Mediation by a mediator or by sports bodies, the Role of the Sports Ombudsman, the Athletes Ombudsman.
- Hearings
A factual arbitration hearing will take place with the students acting as parties, arbitrators and experts. Discussions with the students will follow the hearing.
|
|
