Visie & Beleidsplein
Game over for the real bullies in sport
is it fair for an International Sports Federation to impose a life-ban sanction on athletes in order to accomplish its aims and administer the sport: can the ISU objectively justify this infinite sanction?
Bosman, K. (2015). Game over for the real bullies in sport: is it fair for an International Sports Federation to impose a life-ban sanction on athletes in order to accomplish its aims and administer the sport: can the ISU objectively justify this infinite sanction?. Tilburg: Tilburg University.
The call for good governance in the sport sector is fairly recent. Sports governing bodies are traditionally regulated through a self-governing network, with its own rules and regulations. However, abusive practices of International Sports Federations, such as the International Skating Union, will not escape the EU Competition Rules. The application of EU competition rules to the activities of the ISU predicates that the ISU and its affiliated associations and clubs will approach their managing strategies more cautiously. This thesis details the competition law complaint lodged by Mark Tuitert & Niels Kertholt against the International Skating Union based on the ground that the ISU Eligibility Rules and its enforcement is in breach of Article 101 and 102 TFEU, because of the life-ban sanctioned faced by speed skaters who take part in ISU unsanctioned competitions. It analyses the abusive conduct that international sports federations have with regard to the organisation of competitions. The anti-competitive nature of these ISU rules only came to the surface recently when Ice Derby International, a potential competitor of the ISU, intended to enter the market for the organisation of international speed skating events. It is yet to be seen whether this competition law case will have a precedent setting value on EU level, and whether the Commission will find the life-ban sanction to be inherent and proportionate to the pursuit of any legitimate objective of the ISU or not.
Uitgever(s): Tilburg University,
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Game over for the real bullies in sport : is it fair for an International Sports Federation to impose a life-ban sanction on athletes in order to accomplish its aims and administer the sport: can the ISU objectively justify this infinite sanction?
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internationaalrechten en plichten
schaatsen
scripties
sportorganisaties
wet- en regelgeving