Athletes Human Rights And The Fight Against Doping A Study Of The European Legal Framework

Author : Bart van der Sloot,Mara Paun,Ronald Leenes
Publisher : Springer Nature
Page : 258 pages
File Size : 52,8 Mb
Release : 2020-01-23
Category : Law
ISBN : 9789462653511

Get Book

Athletes’ Human Rights and the Fight Against Doping: A Study of the European Legal Framework by Bart van der Sloot,Mara Paun,Ronald Leenes Pdf

This book addresses the tension between, on the one hand, anti-doping practices and measures and, on the other hand, the fundamental rights of athletes. New techniques for testing and re-testing samples taken several years ago, have caused a push by the World Anti-Doping Agency and affiliated organizations for stricter rules, more doping tests and higher sanctions. Meanwhile, many States are adopting new laws and regulations to facilitate this push. At the same time, privacy and data protection have gained new momentum, especially in the European Union, where the General Data Protection Regulation came into effect in May 2018. It contains new obligations for data controllers and processors, rights for data subjects and sanctions for those violating the data protection rules. It is clear that gathering whereabouts information on athletes, collecting urine and blood samples, analyzing the samples and using the data distilled there from falls within the scope of the data protection framework. In addition, European athletes can invoke their rights to privacy, fair trial and freedom from discrimination as guaranteed by the European Convention on Human Rights. The book is aimed at professionals and organizations involved in sports and anti-doping and provides them with an opportunity to delve into and understand the rights guaranteed to athletes within the European context. Furthermore, it is equally relevant for privacy and data protection lawyers and human rights scholars wishing to familiarize themselves with the difficult questions relating to human rights protection in the world of sport and anti-doping. Written in accessible language, it should also prove useful to athletes and laymen wanting to learn about the rules applicable to almost everyone who practices sport, even at a local amateur level. Bart van der Sloot is senior researcher at Tilburg University, Tilburg, The Netherlands, Mara Paun is PhD researcher at Tilburg University, Tilburg, The Netherlands, Ronald Leenes is professor at Tilburg University, Tilburg, The Netherlands.

Author : Jacob Kornbeck
Publisher : BoD – Books on Demand
Page : 126 pages
File Size : 53,7 Mb
Release : 2013
Category : Political Science
ISBN : 9783867418645

Get Book

Inspiration from Brussels? the European Union and Sport by Jacob Kornbeck Pdf

The name "Brussels" has become largely synonymous with the regulatory role of the EU. Yet "Brussels" is also a source of inspiration, especially in such areas where the EU is not empowered to regulate, and this side of "Brussels" is a rather different one. The emerging policy field of sport (which only recently got a legal base in the Treaty of Lisbon) illustrates the complementarity of inspiration versus regulation coming "from Brussels". By drawing on two case studies - the fight against doping and the promotion of health-enhancing physical activity - the book shows that inspiration "from Brussels" takes on a special dimension in relation to sport and physical activity because sport policies are often heavily dependent on various, largely unquestioned arrangements which are in place at national, regional or local level. While EU-level regulation remains a possibility in certain cases, the scope for regulation is very limited. The scope for inspiration, by contrast, is almost endless. The sport sector is a natural candidate for inspiration and inspiration "from Brussels" can be an opportunity for renewal.

Author : Frank Hendrickx
Publisher : Unknown
Page : 674 pages
File Size : 48,7 Mb
Release : 2004
Category : Law
ISBN : STANFORD:36105063669258

Get Book

Sports Law by Frank Hendrickx Pdf

Environmental law / Blanpain.-v.1.

Author : Janwillem Soek
Publisher : T.M.C. Asser Press
Page : 0 pages
File Size : 52,9 Mb
Release : 2006
Category : Law
ISBN : 9067046671

Get Book

The Strict Liability Principles and the Human Rights of Athletes in Doping Cases by Janwillem Soek Pdf

​With a Foreword by Hein Verbruggen, UCI Honorary President for life and IOC Member This book deals with the legal position of the athlete in doping cases under the law of the regulations of national and international sports federations and how this legal position can be reinforced. According to the rules of the sports organizations applicable to doping offences, where prohibited substances are found in athlete’s bodily fluids the athlete in question is strictly liable for a doping offence. In the disciplinary procedure there is no discussion about his guilt and the athlete is not given an opportunity to disprove his guilt. One of the starting points of the European Convention of Human Rights (ECHR) is that suspects are not guilty until their guilt has been proven conclusively based on the law, which includes the right of defence. The author analyzes the nature of doping offences and puts forward arguments in favour of the application of the rights of the defence as laid down in the ECHR in disciplinary doping proceedings. In his argumentation he also addresses the procedural system of sanctions and the practical and economic consequences the sanctions may have for the athlete concerned. As not only the athlete himself, but also sports clubs and sponsors may suffer serious damage from such sanctions, this book on the strict liability principle will be of great interest to practitioners and academics in more than one field of law. Moreover, it will be a welcome addition to the literature and the continuing debate on doping in sport, which is a matter of great concern to many interested parties. Janwillem Soek is a senior researcher at the ASSER International Sports Law Centre, The Hague, The Netherlands.

Author : Jean-Loup Chappelet
Publisher : Council of Europe
Page : 114 pages
File Size : 45,6 Mb
Release : 2010-01-01
Category : Political Science
ISBN : 9287167206

Get Book

Autonomy of Sport in Europe by Jean-Loup Chappelet Pdf

Given the impact that successive court rulings have had on the organisation of the sports movement in the past 15 years, the autonomy of non-governmental sports organisations has become a highly topical concern in Europe. It is also closely related to the issue of governance, the subject of previous Council of Europe studies. The Enlarged Partial Agreement on Sport (EPAS) decided to explore the concept of autonomy in greater depth by studying the conceptual, political, legal, economic and psycho-sociological aspects of the subject. This study was carried out at the request of the EPAS by the Swiss Graduate School of Public Administration (IDHEAP) on the basis of a questionnaire sent to public authorities in charge of sport and to national and international umbrella sports organisations. In addition to an analysis of the data obtained, documents produced by public authorities and sports organisations on this emerging issue are presented. This study contributes to a better understanding of the concept of autonomy and offers a clear picture of the issues involved.

Author : Daniel Rietiker
Publisher : Council of Europe
Page : 244 pages
File Size : 53,5 Mb
Release : 2022-10-20
Category : Political Science
ISBN : 9789287192356

Get Book

Defending athletes, players, clubs and fans by Daniel Rietiker Pdf

A key manual for human rights education and litigation in sport, in particular before the European Court of Human Rights. This essential book describes the scope and limits of the European Court of Human Rights’ role in resolving human rights disputes in sport, drawing on its own case law and other jurisdictions, notably the United States. It covers all aspects of the actual and potential application of human rights in sport as they relate to athletes, players, clubs and supporters. All those interested in the link between human rights education, strategic litigation and sport will find in this indispensable handbook the first comprehensive and explained summaries of the Court's case law in this area.

Author : Björn Hessert
Publisher : Taylor & Francis
Page : 241 pages
File Size : 40,5 Mb
Release : 2023-03-23
Category : Law
ISBN : 9781000852714

Get Book

Sports Investigations Law and the ECHR by Björn Hessert Pdf

This book focuses on the analysis of coercive measures that sports organisations are permitted to use as part of their internal sports investigation proceedings to investigate sports rule violations. The legality of such coercive measures is measured against the legal regime of the European Convention on Human Rights (ECHR). The book examines the important issue of the applicability of the ECHR to private sports organisations, which is currently widely debated in the field of sports law. The ECHR is hereby used as the analytical framework, which should also be a source of inspiration for jurisdictions outside the scope of application of the ECHR. The book further explores if and to what extent sports organisations and law enforcement agencies may exchange intelligence in support of both internal sports investigation proceedings and criminal investigations. At all stages, the work seeks to strike a balance between the interest of sports organisations to investigate sports rule violations and the rights of athletes and other sportspersons. The work will be an invaluable resource for students, academics and policy-makers working in the area of Sports Law and Human Rights Law.

Author : Jacob Kornbeck
Publisher : Routledge
Page : 227 pages
File Size : 41,9 Mb
Release : 2022-01-31
Category : Sports & Recreation
ISBN : 9781000536607

Get Book

Sport and Brexit by Jacob Kornbeck Pdf

This is the first book to investigate the significance of Brexit for sport, with a particular focus on the regulatory and legal challenges that it poses, and the economic and political stresses that are likely to follow in its wake. Written by a team of leading researchers working across sport studies, legal studies and political science, and edited by an EU official with nearly two decades of experience working in EU sport policy, the book explains why regulation, and European dis-integration, matter to sport. It examines key topics including free movement, state aid and labour law, and considers the interests of key stakeholders from fans to football clubs to governing bodies. This is an essential reference for any advanced student, researcher, policy maker, administrator or industry professional working in sport, international law, political science, or international business and management.

Author : Dominique Bodin,Gaelle Sempé
Publisher : Council of Europe
Page : 202 pages
File Size : 49,8 Mb
Release : 2011-01-01
Category : Sports & Recreation
ISBN : 9287170770

Get Book

Ethics and Sport in Europe by Dominique Bodin,Gaelle Sempé Pdf

Defending ethics in sport is vital in order to combat the problems of corruption, violence, drugs, extremism and other forms of discrimination it is currently facing. Sport reflects nothing more and nothing less than the societies in which it takes place. However, if sport is to continue to bring benefits for individuals and societies, it cannot afford to neglect its ethical values or ignore these scourges. The major role of the Council of Europe and the Enlarged Partial Agreement on Sport (EPAS) in addressing the new challenges to sports ethics was confirmed by the 11th Council of Europe Conference of Ministers responsible for Sport, held in Athens on 11 and 12 December 2008. A political impetus was given on 16 June 2010 by the Committee of Ministers, with the adoption of an updated version of the Code of Sports Ethics (Recommendation CM/Rec(2010)9), emphasising the requisite co-ordination between governments and sports organisations. The EPAS prepared the ministerial conference and stepped up its work in an international conference organised with the University of Rennes, which was attended by political leaders, athletes, researchers and officials from the voluntary sector. The key experiences described in the conference and the thoughts that it prompted are described in this publication. All the writers share the concern that the end result should be practical action - particularly in terms of the setting of standards - that falls within the remit of the EPAS and promotes the Council of Europe's core values.

Author : James A. R. Nafziger,Stephen F. Ross
Publisher : Edward Elgar Publishing
Page : 585 pages
File Size : 44,9 Mb
Release : 2011
Category : Law
ISBN : 9780857936301

Get Book

Handbook on International Sports Law by James A. R. Nafziger,Stephen F. Ross Pdf

Despite taking a wide variety of forms, sport is universal. Circumstances and events generating legal issues in sport are similarly universal, but sport operates under many legal systems worldwide. Fragmentation and inconsistency in legal outcomes often result. This innovative collection of essays by leading scholars of sports law addresses a gap in the literature. It advances understanding of how different legal systems respond to common issues and offers insights into the developing international system of sports law. Researchers will find this book of inescapable assistance and interest. Hayden Opie, Melbourne Law School, Australia Nafziger and Ross have provided an enormously useful collection of incisive and integrating essays that cover the gamut of important issues in the emerging field of international sport law. Andrew Zimbalist, Smith College, US This Handbook presents a comprehensive collection of essays by leading scholars and practitioners in the burgeoning field of international sports law. The authors address significant legal issues on two gradually converging tracks: the mainstream institutional framework of the law, primarily the International Olympic Committee, international sports federations, regional and national sports authority, and the Court of Arbitration for Sport; and the commercial sports industry. Topics include the institutional structure; fundamental issues, legal principles and decisions within those institutions; mediation, arbitration and litigation of disputes; doping, gambling and the expanding use of technology in competition; athlete eligibility requirements; discrimination; and protection of athletes. The book also covers a broad range of commercial issues related to competition law and labor markets; media, image, and intellectual property rights; event sponsorships; and players' agents. Comparative analyses of young sports models and practices in North America, Europe and elsewhere supplement the general theme of international sports law. This major collection of essays on some of the most controversial, cutting-edge issues in international sports law, will be a captivating read for academics and students of sports law, sports management, international law and comparative law, as well as practicing lawyers and players agents. Senior executives and other professionals in the sports industry will also find much to interest them in this well-documented Handbook.

Author : Transparency International
Publisher : Routledge
Page : 399 pages
File Size : 54,7 Mb
Release : 2016-02-05
Category : Business & Economics
ISBN : 9781317443759

Get Book

Global Corruption Report: Sport by Transparency International Pdf

Sport is a global phenomenon engaging billions of people and generating annual revenues of more than US$ 145 billion. Problems in the governance of sports organisations, fixing of matches and staging of major sporting events have spurred action on many fronts. Yet attempts to stop corruption in sport are still at an early stage. The Global Corruption Report (GCR) on sport is the most comprehensive analysis of sports corruption to date. It consists of more than 60 contributions from leading experts in the fields of corruption and sport, from sports organisations, governments, multilateral institutions, sponsors, athletes, supporters, academia and the wider anti-corruption movement. This GCR provides essential analysis for understanding the corruption risks in sport, focusing on sports governance, the business of sport, planning of major events, and match-fixing. It highlights the significant work that has already been done and presents new approaches to strengthening integrity in sport. In addition to measuring transparency and accountability, the GCR gives priority to participation, from sponsors to athletes to supporters an essential to restoring trust in sport.

Author : Richard Parrish
Publisher : Manchester University Press
Page : 292 pages
File Size : 47,8 Mb
Release : 2003-11-08
Category : Law
ISBN : 0719066077

Get Book

Sports Law and Policy in the European Union by Richard Parrish Pdf

Investigates the birth of EU sports law and policy by examining the impact of the Bosman ruling and other European Court of Justice decisions, the relationship between sport and EU competition law, the organization of sport, and the relationship between sport and the EU Treaty.

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 43,6 Mb
Release : 2020-12-04
Category : Electronic
ISBN : 1623138809

Get Book

They're Chasing Us Away from Sport by Anonim Pdf

Author : Arjen Boin,Lauren A. Fahy,Paul 't Hart
Publisher : Springer Nature
Page : 357 pages
File Size : 49,9 Mb
Release : 2021
Category : Political planning
ISBN : 9783030517014

Get Book

Guardians of Public Value by Arjen Boin,Lauren A. Fahy,Paul 't Hart Pdf

This open access book presents case studies of twelve organisations which the public have come to view as institutions. From the BBC to Doctors Without Borders, from the Amsterdam Concertgebouw Orchestra to CERN, this volume examines how some organisations rise to prominence and remain in high public esteem through changing and challenging times. It builds upon the scholarly tradition of institutional scholarship pioneered by Philip Selznick, and highlights common themes in the stories of these highly diverse organizations; demonstrating how leadership, learning, and luck all play a role in becoming and remaining an institution. This case study format makes this volume ideal for classroom use and practitioners alike. In an era where public institutions are increasingly under threat, this volume offers concrete lessons for contemporary organisation leaders. Arjen Boin is Professor of Public Institutions and Governance at the Department of Political Science, Leiden University, Netherlands. Paul 't Hart is Professor of Public Administration at the Utrecht School of Governance, Utrecht University, Netherlands. Lauren A. Fahy is a PhD Fellow at the Utrecht School of Governance, Utrecht University, Netherlands.

Author : August Reinisch,Mary E Footer,Christina Binder
Publisher : Bloomsbury Publishing
Page : 560 pages
File Size : 45,6 Mb
Release : 2016-11-03
Category : Law
ISBN : 9781509908158

Get Book

International Law and... by August Reinisch,Mary E Footer,Christina Binder Pdf

The European Society of International Law (ESIL) is known for its particularly dynamic character. After 10 years of existence it has proved that it is one of the most cutting-edge scholarly associations in the field of public international law. At its 10th Anniversary Conference in September 2014, which was held in Vienna, participants assembled in order to discuss 'International law and...', the proceedings of which are published here. Going beyond the usual related disciplines of political science, international relations, economics and history, this conference ventured into less well-trodden paths, exploring the links between international law and cinema, philosophy, sports, the arts and other areas of human endeavour. As the proceedings show, it is clear that international law has long been influenced by other fields of law and other disciplines. They also explore whether the boundaries of international law have been crossed and, if so, in what ways.