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Sports Law to Serve the Athletes

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Administrative and disciplinary law

Recourse before the CNOSF and before the administrative judge to challenge a disciplinary sanction, suspension, an approval or a demotion,... firm Bertrand accompanies its customers against all decisions of Sports Federations and professional leagues taken in the exercise of their public service mission.

Administrative power of Federations

Delegation of public service mission

In accordance with article L.131 - 9 of the Code of Sport)ancient art. 17 of the Act of 16 July 1984) : "Approved sports federations participate in the implementation of the missions of public service relating to development and the democratization of sport and physical activity. They may delegate all or part of the exercise of the public service tasks entrusted to them if it is for the benefit of the professional leagues formed pursuant to article L. 132 - 1. (...)".

Pursuant to the provisions of the former article 17)recodified, s. L.131 - 8, L.131 - 9, L.132 - 1 of the French Sport Code) of the Act of 16 July 1984)on the Organization and promotion of physical and sporting activities), in each sport only one approved federation receives delegation from the Minister responsible for sports to organize sports competitions. Federations supported this delegation may create a professional League for the representation, management and coordination of sports activities to professional associations that are affiliated to them or the company they have formed.

Thus, the sports authority is granted the delegation of public service mission:

    • to organize sports competitions at the end of which are issued securities international, national, regional or departmental,
    • to make the relevant selections,
    • and to propose the inclusion of athletes, coaches, referees and judges on the list of top athletes, on the list of athletes hopes or the list of training partners (Art. Finally L.131 - 15 of the Code of Sport).

Disputes arising from a decision taken by a body of a Sports Federation or a professional League resulting from the exercise of its public service mission will fall under the control of the administrative judge.

The intervention of the law firm Bertrand

Fight against the excess of power

The sport appealed to the educational, social and moral values. The law which applies must therefore respect the fundamental principles and freedoms of those who are actors.

It is therefore legitimate that, like the right granted to every citizen to have recourse to the courts. The world of sport and its institutions are is no exception.

Bertrand & partner advises, assists and defends the athletes at each stage of the administrative procedure. Thus, the firm is involved:

    • to trial and appellate bodies of Federations and leagues :
      • Committee on Legal Affairs
      • Commission regulations and litigation,
      • Commission status of the player, Agent sports...
      • Commission doping,
      • Disciplinary Commission,
      • Monitoring of management of Clubs, Commission
      • Appeal boards,
      • .....
    • before the CNOSF (National Olympic Committee and sporting French):
      • Optional conciliation procedure (art.) R.141 - 19 of the French Sport Code),
      • conciliation procedure screening mandatory before any contentious (former art. 19 of the Act of 16 July 1984, recodified in articles R.141 - 5 et seq. of the Code of Sport).
        (for further explanations on the CNOSF procedure, see this page)
    • before the Administrative courts :
      • AFLD,
      • Administrative Tribunal,
      • Administrative Court of appeal,
      • and in some cases, the Council of State.

The contentious focuses on applications for annulment and compensation.

 

Last modified on Friday, may 18, 2012 13:47
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