Right to defense

Blog tagged as Defense Law

RMC Sport, 06.12.2023
Me Jean-Jacques BERTRAND, lawyer in sports law, interviewed by BFM TV then by RMC Sport on the question of the ban on travel of football supporters until December 18, 2023
SoFoot, July 26, 2023, "Can PSG shelve Mbappé for the whole season?"
Interviewed by SoFoot, Maître Jean-Jacques BERTRAND discusses the dispute between Kylian Mbappé and Paris Saint-Germain. This is an opportunity to recall the sporting, legal and judicial implications on the subject of dismissals of professional football players by their clubs.
New FIFA legal proceedings portal
FIFA is launching its new online legal proceedings management portal for all proceedings before the Football Court and the judicial bodies of FIFA.
Judgment of the Council of State of February 7, 2022 - Individualization of penalties for doping
The Council of State validates the option for the Sanctions Commission of the AFLD to reduce the duration of a sanction taken against an athlete for the use of unspecified substances when the circumstances of the case justify it with regard to the principle of proportionality .
The responsibility of football clubs for their supporters
Are amateur and / or professional football clubs liable for the act of their supporters? What is the legislative and regulatory framework under which football clubs are responsible for the act of their supporters at sporting events?
The FIFA Football Tribunal
FIFA presented on September 10, 2021 the rules of procedure and operation of the Football Court. It brings together the existing decision-making bodies of FIFA into a single institution made up of three chambers: the dispute resolution chambers, the status of the player and the agents.
The CAS's refusal to control the decisions taken by the field referees
The Court of Arbitration for Sport refrains from "reviewing decisions taken on the field of play by referees or other officials responsible for applying the rules of the game, unless there is evidence that these rules have been applied. arbitrarily or in bad faith "
Doping, updating the list of substances and methods whose possession is a criminal offense
Article L.232-26 of the Sports Code penalizes the simple possession of unspecified substances or methods. The decree of July 1, 2021 published the updated list of these prohibited substances and methods. What is this penal provision in the fight against doping?
Positive doping control, AFLD procedure and appeal?
An anti-doping control carried out in France (national or international athlete) with a positive result leads to a presumption of infringement of anti-doping rules and the opening of a disciplinary procedure before the French Anti-Doping Agency (AFLD) .
Can an international federation prohibit an athlete, without violating European law, from participating in a competition that it does not recognize?

According to the regulations then in force within the International Skating Union (ISU), skaters could not take part in international speed skating events (Olympic Games or world championships), "if they participate in international skating competitions ...

Sports authorities organize themselves to sanction cyberstalking on social networks
Cyberbullying affects the sports world. Faced with this climate of hatred, the Professional Football League has decided to act. and the French Association for the Fight against Cyberbullying recommends that networks filter messages based on keywords established by sports federations
[Football - Press release] Amateur clubs react to the Order of the Council of State of June 11, 2020 which did not suspend the decision of the FFF Executive Committee of April 16, 2020
[Football - Press release] Amateur clubs react to the Ordinance of the Council of State of June 11, 2020 which did not suspend the decision of the Executive Committee of the French Football Federation (FFF) of April 16, 2020
Appeal against the decision of the Executive Committee of the French Football Federation (FFF) of April 16, 2020
[Press release from Cabinet BERTRAND] Appeal against the decision of the Executive Committee of the French Football Federation (FFF) of April 16, 2020
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
[FIFA] Amendments to the Rules of the Players' Status Committee and the Dispute Resolution Chamber
The Council of the International Federation of Football Association (FIFA) approved, during its meeting of 24 October 2019, several amendments to the Regulations of the Players' Status Committee and the Dispute Resolution Chamber (CRL).
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: Brussels Court of Appeal finds unlawful use of Court of Arbitration for Sport imposed by FIFA
The Brussels Court of Appeal (judgment 29 August 2018) declares the illegality of the clauses of compulsory appeal to the Court of Arbitration for Sport (CAS) in the statutes of FIFA, UEFA and the national federations with regard to European law and the European Convention on Human Rights.
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)
According to the ECHR, the location system for athletes does not violate article 8 of the CESDH
The European Court of Human Rights considers, in a judgment n ° 48151 / 11, dated 18 January 2018, that the French State, by imposing a system of localization to the sportsmen, does not violate the article 8 of the European Convention for the Protection of Human Rights.