What is Sports Law?

 

Sports law is a branch of law that covers the legal rules and regulations related to the field of sports. Sports law covers the rights and obligations of amateur and professional athletes, sports clubs, sports organizations and federations.

This branch of law will come to the fore for the resolution of disputes in the sports world. For example, sports law can be applied in matters such as disputes related to doping, player contracts, transfer process, disciplinary processes within the team and before the federation and disputes regarding referee errors.

It focuses on the commercial dimensions of sports as well. The regulations regarding sponsorship, advertising, broadcasting rights, licensing and commercial activities of athletes, clubs and organizations, especially in popular sports branches such as football, basketball, baseball, handball, volleyball and tennis, are also within the scope of sports law. In addition, sports law is used to determine the legal framework of sports, regulate the rights and obligations of the parties, and ensure that sports are performed in a fair, honest and respectable manner.

 

Sports Law and Sports Law Legislation in Turkey

 

Sports law in Turkey is a branch of law that has become increasingly important in recent years. The increase in the commercial and social dimensions of sports has also led to the development of legal regulations in this field.

 

There has been significant development in this field in Turkey, especially in the last 20 years. Sports law regulations in our country are first made by sports organizations such as the General Directorate of Sports and the Turkish Football Federation (TFF). However, in recent years, regulations regarding the rights of clubs, athletes and fans have been tried to be achieved by integrating sports law into the general legal system.

The Sports Law Association mentioned above aims to bring together lawyers working in the field of sports law, to raise awareness in the field of sports law and to coordinate the work done in this field.

While the general aim is to raise awareness in all areas of interest in sports law, the regulations of sports law in Turkey concentrate especially on the field of football. While the TFF regulates the rights and obligations of clubs and football players, the General Directorate of Sports also makes regulations regarding amateur sports activities. In addition, regulations regarding the rights of athletes regarding doping, injuries, transfers and contracts are also made.

However, while making arrangements with leading organizations, a need for legislation arose and various regulations were created in this direction. At this point, first of all, it should be noted that sports law, which also includes the rules of public law, is a sub-branch of private law.

Sports law legislation is divided into many sub-branches within itself. The primary sources among these sub-branches are the 'Olympic Charter' of the International Olympic Committee (IOC), the statutes of international sports federations and other instructions they issue. Secondary sources are the sources of national Olympic committees and national federations.

Along with these, apart from primary and secondary sources, the regulations of the International Court of Arbitration for Sport (CAS) and the rules issued by the World Anti-Doping Agency (WADA) are included as binding sources in sports law.

In Turkish jurisdiction, although sports law legislation is highly developed, the provisions of the Constitution regarding associations and sports and the provisions of the Turkish Civil Code regarding associations are included in its general regulatory procedures. Of course, there are regulations and other provisions under these regulations.

 

Sports Law and Arbitration

 

Sports law is the whole of the legal rules that regulate and govern sports activities. Sports law in Turkey is based on the rules determined by the Turkish Football Federation, Turkish Basketball Federation and other sports federations, as well as the General Directorate of Sports.

Sports arbitration in Turkey is a method used in the resolution of sports disputes. The purpose of sports arbitration is to resolve sports disputes quickly and effectively. The most common method used in sports arbitration is arbitration conducted by the International Court of Arbitration for Sport (CAS).

 

The legislation on sports arbitration in Turkey is determined by the Sports Arbitration Board Regulation. This regulation regulates the procedures and principles regarding sports arbitration in Turkey. However, in order to apply for sports arbitration, first of all, it is necessary to act following the arbitration rules of the relevant federations.

 

Sports Law Cases

 

Sports law cases are a branch of law that focuses on resolving legal disputes in the field of sports. Sports law litigation is used to resolve disputes between professional athletes, teams, sports organizations and other sports-related individuals and organizations.

Considering the place of sports law cases in the general litigation system, they follow a similar process as other types of cases. However, sports law cases are unique in many ways, especially as they involve private sector parties such as athletes, teams and sports organizations. The general process followed by sports law cases is as follows:

• Application: When an athlete, team or sports organization has a legal dispute, they first contact a sports law attorney. The lawyer analyzes the situation of his client and prepares the necessary documents. The application is made to the relevant court or the Sports Arbitration Court.

• Preliminary examination: The Court of Arbitration Board evaluates the application and determines the eligibility for the case. If found appropriate, the case is continued.

• Hearing: Depending on the type of case, hearings are held in the courtroom or at the headquarters of the Arbitration Board. The parties present their arguments and present their evidence together with their lawyers.

• Decision: The Court or Arbitration Board concludes the case and announces its decision. The decision is usually made in writing and communicated to the parties.

• Objection: The parties have the right to appeal the decision. These objections are usually related to the legality of the decision or the adequacy of the evidence. As a result of the objection, the decision is either approved or reconsidered.

As can be seen, in the disputes arising from sports law within the general litigation system, a very different way from the ordinary system is not followed. However, since this field is more technical than other disciplines, it would be more appropriate to work with a sports law lawyer in case of any dispute. Sports law cases of such importance also cover many issues such as:

• Contracts: Professional athletes can result in lawsuits for breaches of contracts between teams and other sports organizations.

• Injuries: Sports law lawyers are needed in cases where injuries in athletes can usually be resolved with insurance companies but sometimes turn into litigation.

• Doping-related lawsuits: Lawsuits can be brought if athletes test positive for doping and/or violate other doping-related rules.

• Disciplinary violations: Disciplinary action can be taken when people such as athletes, referees and coaches violate the rules of the sport.

• Sponsorship agreements: Lawsuits can be brought if athletes violate sponsorship agreements or teams fail to honor agreements with sponsors.

• Sports law cases can take place at the national and international level and can be heard in specialized courts such as the Court of Arbitration for Sport (CAS). CAS is a globally recognized arbitration institution for the resolution of sports-related disputes.

 

We operate in all these areas, and especially in the field of sports law cases, to provide our clients with a prestigious and effective service. Our main services in this context are:

• Applying legal remedies and following the process for the collection of the rights and receivables of the athletes in the clubs,

• Follow-up of the legal processes required for the annulment of the penalties of deprivation of rights,

• Providing legal advice to clubs and athletes,

• Preparation of professional athlete contracts,

• Preparation of sponsorship contracts and follow-up of disputes arising from contracts

• Examining the legal aspects of sports organization activities and preparing management contracts,

• Legal support in license acquisition and transfer processes,

• Representation of athletes and clubs before CAS (Court of Arbitration of Sport), Player Status Committee, UEFA decision makers and other authorities,

• Using legal means and monitoring the process to collect the rights and receivables of the athletes from the clubs,

• Providing support for the legal settlement of disputes between athletes and clubs regarding tax penalties,

• Providing all kinds of legal support to ensure structure in accordance with the rules of 'UEFA Financial Fair Play',

• Management of the commercial assets of sports clubs and follow-up of the athlete license application processes, along with the follow-up of possible legal disputes,

• Obtaining work and residence permits of foreign national athletes and following up on all necessary applications,

• Arranging all kinds of advertising and sponsorship contracts,

• Follow-up of the material and moral rights arising from the copyright of both clubs and athletes,

• Providing legal consultancy at the point of resolution of disputes arising from broadcasting rights of sports activities,

• In addition to all these, following up on any disputes that may arise in the context of other legislation related to sports activities.