The new Model Disciplinary Rules were eagerly awaited. Adopted on August 1, 2016, Decree No. 2016-1054 modifies numerous provisions of this Regulation.
As a reminder, Decree No. 2016-84 of January 29, 2016 on disciplinary sanctions in the fight against doping amended the Model Disciplinary Regulations for approved sports federations relating to the fight against doping.
The federations have until July 1, 2017 to adopt disciplinary regulations in accordance with the standard disciplinary regulations of this Decree.
A brief overview of the novelties
Article 1
Sports agents are expressly excluded from the scope of these Regulations.
Article 2
The Commissions of 1st instance and of appeal now have competence with regard to:
- Associations affiliated to the federation;
- Licensees from the federation;
- Holders of titles allowing participation in sports activities of the federation;
- Profitable organizations whose object is the practice of one or more disciplines of the federation and which it authorizes to issue licenses;
- Organizations which, without having as their object the practice of one or more disciplines of the federation, contribute to the development of one or more of these;
- Sports societies;
- Any member, employee, employee or volunteer of these associations and sports companies acting as manager or de facto licensee.
Points 3 to 7 are new for 2016.
The committees will now be made up of at least 3 members (compared to 5 previously).
Article 18
The Commissions of 1st instance must decide in within 10 weeks (3 months previously). In the event of justified exceptional circumstances, possibility of one month extension.
Article 4
Reminder of the independence of members and the obligation of confidentiality.
Article 8
Possibility of using the audiovisual conference during hearings.
Article 9
The transmission of documents and procedural acts must be carried out by registered letter with acknowledgment of receipt or by letter delivered by hand against discharge or by email.
Article 11
Elimination of the 2-month period for the preparation of the investigation report.
Article 12
New provisions expressly providing for the possibility of provisional measures.
Article 19
Article 13
The summons must be sent at least 7 days before the hearing (15 days before)
The parties must henceforth communicate the names of the persons they wish to see testify 48 hours before the hearing (8 days before). New possibility of videoconferencing.
The person concerned can now be accompanied by "his advice or counsel"(Previously only by a lawyer).
This 7-day notice period may be reduced.
Article 14
The refusal to postpone the hearing must be justified.
Article 16
Formalization of files not requiring summons to the disciplinary body "because of the nature or circumstances of the case".
Each Federation must specify the cases in which there is no reason to summon the accused person, in particular taking into account the nature or circumstances of the facts or the penalties incurred.
The parties can then make written submissions or request a hearing.
Article 17
The sports association or sports society on which the accused person depends is informed of the decision.
Article 21
The Appeal Board must rule within 4 months (previously 6 months). One month extension in exceptional circumstances.
Article 22
New scale of penalties.
The sanctions include:
- A warning ;
- A blame ;
- A fine: when this fine is imposed on a natural person, it may not exceed an amount of 45 euros;
- Loss of one or more sporting events;
- A time or points penalty;
- Downgrading;
- A non-homologation of a sports result;
- A field or area of suspension;
- Total or partial camera to one or more sporting events;
- A temporary or definitive ban from participating in sports events organized or authorized by a federation;
- A temporary or definitive ban on participating directly or indirectly in the organization and running of competitions and sports events authorized by a delegated federation or organized by an approved federation;
- A ban on performance of duties;
- A temporary withdrawal of the license during the duration of the ban;
- a ban for a period that it fixes from being dismissed from the federation or from joining it;
- Radiation;
- Ineligibility for a fixed term to governing bodies.
- expulsion or ban from belonging for a fixed period to a disciplinary body.
New penalties for "clubs"appear: downgrading, in camera, suspension of the field, ...
It is also introduced the ban on taking a license for a given period.
The Decree authorizes the accumulation of sanctions and validates automatic sanctions.
Article 24
The publication, anonymously, in the Official Bulletin of the Federation is no longer automatic.
Article 25
Possibility of suspension for each sanction (previously only in the event of the first sanction).
The period beyond which the suspension ceases is left to the discretion of the Federations (previously 3 years).
