Law No. 2024-201 of March 8, 2024 modifies the Sports Code to better protect practitioners, in particular minors, and guarantee the integrity of those involved. It strengthens checks on the integrity of sports educators through an annual check of the criminal record and the file of perpetrators of sexual or violent offenses. Approved federations and operators of sports establishments now have the obligation to inform the authorities in the event of dangerous behavior by a supervisor. Although this law marks an important step forward, its concrete implementation will have to be carefully monitored in the months to come.
Strengthening checks on the integrity of sports educators
- the delivery of bulletin no. 2 of the criminal record,
- access to the automated national judicial file of perpetrators of sexual or violent offenses
This control aims to protect all practitioners, minors and adults alike, from possible deviant behavior by supervisors.
In addition, in the event of conviction abroad for offenses equivalent to crimes or misdemeanors in France, the French courts will now be able to apply incapacity to exercise. The persons concerned will, however, have the possibility of requesting to be relieved of this incapacity under certain conditions.
Finally, "by way of derogation from article 133-16 of the penal code, the incapacities provided for in this article are applicable in the event of a final conviction appearing in the automated national judicial file of perpetrators of sexual or violent offenses even if this conviction is no longer registered in the bulletin no. 2 of the criminal record".
On March 8, 2024, Law No. 2024-201 was promulgated aimed at strengthening the protection of practitioners and good repute in sport.
Made up of two articles, this law introduces significant modifications to the Sports Code.
Although minors are particularly targeted, certain provisions concern all athletes, regardless of their age.
New obligations for federations and operators of sports establishments
- Article L. 131-8-1 of the Sports Code requires approved federations to inform "without delay the Minister responsible for sports when they become aware of the behavior of a person mentioned in I of article L. 212-9 or in article L. 322-1 whose continued activity constitutes a danger for the health and physical or moral safety of practitioners". This obligation therefore concerns the protection of all athletes.
- Article L. 322-3 of the Sports Code allows the administrative authority to "pronounce the ban on exercising, temporarily or permanently, the function mentioned in article L. 322-1"against any person constituting a danger or breaching certain obligations.
- Article L. 322-4-1 of the Sports Code requires operators of physical and sporting activity establishments to inform the administrative authority if they become aware of dangerous behavior by an educator, again without distinction of the age of the practitioners.
Issues and perspectives, the protection of practitioners and sports licensees
