Administrative law

Blog tagged as Administrative Law

Application of anti-doping rules: the distinction between national and international athletes
Since the Ordinance of December 19, 2018, which entered into force on March 1, 2019, the Sports Code distinguishes between a national and international athlete when it comes to the application of anti-doping rules.
The ECHR recalls the obligation of impartiality and independence of the Dispute Resolution Commissions of the Federations
By a judgment of January 28, 2020 the European Court of Human Rights (ECHR) considers that the arbitration commission of the Turkish Football Federation (TFF) lacked independence and impartiality, article 6§1 of the Convention for the Protection of Human Rights and Fundamental Freedoms
Prohibition of release and termination clauses, a device extended by the LFP
The Professional Football League (LFP) has decided to extend the prohibition of release and termination clauses in article 202 of its Administrative Regulations to "any clause whereby a party has the right to unilaterally terminate the contract".
Therapeutic Use Exemption (TUE)
Article L 232-2 of the Sports Code allows athletes to obtain an authorization for use for therapeutic purposes in order to undergo treatment based on drugs containing a prohibited substance.
Amendments to the FIFA Code of Ethics
In a press release dated July 29, 2019, the Fédération Internationale de Football Association (FIFA) informs us that its Council approved certain amendments to the Code of Ethics at the end of its meeting in Paris on June 3.
Conference - Assises du Droit du Sport
Grand Symposium: the lawyer in sport. Cabinet BERTRAND is a partner of the 4th Assises du Droit du Sport and will lead a practical workshop on the theme The status of the sports trainer.
Football: compensation preforming training clubs recognized for futsal clubs
Cabinet Bertrand is pleased to have been able to assist the Association Sportive et Culturelle de Garges Djibson Futsal for the recognition by the Administrative Judge of the quality of training club for futsal clubs (TA, February 14, 2019), of a player from futsal turned professional football player
AFLD | Constitutional Council, the absence of separation of the prosecution and judgment functions of the AFLD is contrary to the Constitution
For the Constitutional Council, the absence of separation within the AFLD between the prosecution and judgment functions is contrary to the principle of impartiality of the Declaration of the Rights of Man and of the Citizen (judgment 2 February 2018 following a priority question of constitutionality QPC)
Paris 2024: promulgation of the Olympic Law
Law n ° 2018-202 of March 26, 2018 relating to the organization of the Olympic and Paralympic Games of 2024 was promulgated on March 26, 2018 and was published in the Official Journal n ° 0072 of March 27, 2018
Doping, the sanction of the AFLD against a coach having opposed the control of swimmers is confirmed
The Council of State, by order of the 25 August 2017, dismissed the application for interim measures of a swimming coach suspended by the French Anti-Doping Agency (AFLD) on the ground that it had Opposed to the control of swimmers it entails.
France 3, 25.04.2017
[Emission Tout le Sport] Maître Jean-Jacques Bertrand was in Toulouse for the hearing before the Administrative Tribunal in the case between Luzenac Ariège Pyrénées, his players and his staff at the Professional Football League and the French Football Federation.
New disciplinary regulations for the French Football Federation
Held on March 17 2017 during its Federal Assembly, the FFF adopted its new disciplinary regulations applicable for 2017 / 2018 season. It also adopted the amendment of the medical certificate validity period.
The proposed sports ethics law was finally adopted
On Wednesday February 15, 2017, the Senate definitively adopted the bill aimed at preserving the ethics of sport, strengthening the regulation and transparency of professional sport and improving the competitiveness of clubs.
Boxing: violation of freedom of work of amateur sport justifies the urgency
The Administrative Court of Montreuil suspended, by an order of February 24, 2017, the execution of the decision of the French Boxing Federation imposing on an amateur boxer the disciplinary penalty of suspension of federal license for five years.
Franchise URSSAF, flat tax: the Court of Cassation states
The 2nd civil chamber of the Court of Cassation, in its judgment of February 13, 2014, takes stock of the application of the "URSSAF franchises" and "flat-rate bases" for sports associations: educators and salaried guides are thus excluded from the URSSAF franchise.
New provisions for sports trainers and sports agents
The Ordinance of 22 December 2016 on the recognition of professional qualifications of regulated professions amended certain provisions of the Sports Code concerning the professions of sports educator and sports agent exercised by nationals of the European Union.
Doping: substantial assistance and reduction of the sanction
The Council of State had to know of its first case in which the athlete requested the annulment of the sanction imposed by the French Agency for the Fight against Doping (AFLD) because of the substantial assistance provided. The athlete's argument did not succeed (CE 23 December 2016 n ° 399728)
Education against remuneration: Are the courses subject to VAT?
A decision of the Council of State of April 11, 2014 allows us to complete our study of the ABéCéDaire concerning education against remuneration. This judgment returns to the subject to the Value Added Tax (VAT) of the courses given by the holder of a State Certificate of Sports Educator (BEES)
New disciplinary regulation for licensed sports federations
The new Model Disciplinary Rules were eagerly awaited. Adopted on August 1, 2016, Decree No. 2016-1054 modifies numerous provisions of this Regulation.
Doping: WADA publishes 2017 banned list
The World Anti-Doping Agency (WADA) published on September 29, 2016 the list of substances and methods prohibited in competition and out of competition for 2017. The List will enter into force on January 1, 2017.