On November 12, 2018, the Executive Office of the French National Olympic and Sports Committee (CNOSF) adopted the main principles of selection, for the Tokyo 2020 Olympic Games, for national federations.Selection for the Olympic Games differs from other national team selections, which are the sole responsibility of the federations.
A selection process
In fact, within the framework of the Olympic Games, the National Olympic Committees and the International Olympic Committee (IOC) have an important role to play.
In France, the selection for the Olympic Games is carried out after a process involving the French federations, the Consultative Commission for Olympic Selections (CCSO) and the Executive Office of the CNOSF, which validated the composition of the CCSO on November 12, 2018.
After publication of the main selection principles by the CNOSF, the national federations draw up, in accordance with these main principles, the selection criteria, which will be examined by the CCSO.
The main principles of selection are aimed at both national federations and athletes.
Once the proposals for nominative selection of federations have been communicated to the CCSO, the latter verifies that the selection criteria proposed by the national federations are in line with the main principles of selection and formulates an opinion to the CNOSF Executive Office on the selection proposals. nominative examined.
The CNOSF Executive Board validates the list of proposed selections which will subsequently be published by the CNOSF.
For example,
" the [selection] criteria proposed by the federations must make it possible to compose the French team likely to obtain the best results at the Olympic Games."
" Each selected athlete must have undergone the medical examinations provided for by the sport code and comply with the world anti-doping code in force during the Olympic Games as well as the IOC anti-doping rules and the provisions provided for in the Tokyo 2018 doping control guide. "
Can an athlete contest his non-selection?
The judges consider that they are not competent to assess the merits of a purely sporting choice. However, the judges can review the legality of the decision.
Thus, it will be verified that the selection criteria fixed in the regulations of the French federations have been respected.
Some examples of case law
08.04.2013, CE, French Federation of Ice Sports, n ° 351735
The decisions taken by a sports federation on the selection of a sportsman in the national team are taken within the framework of the prerogatives of public power with which this federation is invested and have the character of administrative acts falling within the competence of the administrative jurisdiction. .
15.03.1999, CE, Fédération Française d'Athlétisme, n ° 168150
"Considering that it results from the provisions of article 17 of the law of July 16, 1984 that the approved sports federations which received delegation of the minister in charge of sports have only competence to proceed to the selections of the national teams for international sports competitions, notably Olympic; that the national high level sport commission, created by article 26 of the same law, is not empowered to determine the composition of said teams; that it appears from the documents in the file that the FEDERATION FRANCAISE D'ATHLETISME, on behalf of which its national technical director acted, considered that it only had the power to propose, and that the national commission for high sport level was, in the words of the letter at issue, "decision-maker with regard to the Olympic selections"; that thus it misunderstood the extent of its competence; it follows from the above that the FEDERATION FRANCAISE D'ATHLETISME is not justified in maintaining that it is wrong that, by the judgment under appeal, the administrative court of Paris annulled its decision".
18.02.2013/11/01618, CAA Paris, Marie-Calixte c / French Federation of Ice Sports, n ° XNUMXPAXNUMX
It is up to the administrative judge "ensure that decisions concerning in particular the selection of athletes for international sports competitions are not vitiated by error of law or fact or misuse of powers"."It is not for the administrative judge to rule on the assessment made by the FFSG in the context of the examination of the selection criteria"(sports performance and ability to evolve within a sports team).
25.05.1998, CE, French Weightlifting Federation, n ° 170752
"if, for the designation of athletes admitted to participate in the European championships, the federation could take into account elements other than those based on sports performance, it appears from the documents in the file that the decision not to select Ms. Y .. was not motivated by considerations of a sporting nature, but was taken for the sole purpose of imposing a sanction on the person concerned following her public statements on the behavior of a leader of the federation; that, under these conditions, said decision is vitiated by misuse of powers".
28.12.2005, TA Cergy-Pontoise, ord., Dambier, n ° 0511346
To consider that there is a serious doubt as to the legality of the decision of the Federation likely to justify its suspension, the ordinance notes that the director of the French teams was incompetent to summon the skaters to an additional selection test ( own competence of the national technical director), that the FFSG could not organize such a test less than a month before the start of the European Championships and, finally, that the test had taken place in irregular conditions.
26.04.2006/03/01136, CAA Paris, N ° XNUMXPAXNUMX
"Considering that if, when the administrative judge is aware of acts taken both by referees and judges of sports competitions and by the bodies of federations in this matter, neither the application of the technical provisions specific to each discipline, nor the assessment the performances of the participants cannot be discussed before him, it is up to him to exercise his control over compliance with the principles and rules which are binding on the authors of any act performed in the exercise of a public service mission".
22.02.1991, CE, Fédération Française de Natation, n ° 102775
"If the French Swimming Federation had made known at the beginning of 1988 the minimum performances which it would take into consideration for the selection for the Olympic Games in Seoul, it did not commit any error of law by not selecting the applicants in the 4 X 100 meters freestyle relay discipline, even though they would have achieved these performances, and taking into account other elements of assessment, in particular the decline in their sports results during the year".
