Disciplinary proceedings

Blog tagged as Disciplinary proceedings

Law of March 8, 2024: strengthening the protection of practitioners and good repute in sport
The law of March 8, 2024 strengthens the protection of practitioners and good repute in sport. It establishes an annual check of the integrity of educators, new obligations for federations and operators, aimed at preventing violence, particularly against minors.
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.
Fight against doping and food supplements (sportsman, how to defend yourself?)
If food supplements are not on the World Anti-Doping Agency's list of prohibited products (transposed into the Sports Code), athletes must remain vigilant because of the risk of contamination with prohibited products.
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?
Football and provision of players for national selections in the French team
The coach of the Bleuets struggles to obtain the agreement of professional football clubs to release the players selected for the France team for the Olympic Games. What are the regulations and why the provision of players is not compulsory for the Tokyo Olympics?
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 ...

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
Version of the World Anti-Doping Code and International Standards 2021 approved and published by WADA
The World Anti-Doping Agency (WADA) has published, November 26, 2019, the approved version of the 2021 World Anti-Doping Code and the International Standards, as well as the Athlete Anti-Doping Right Act.
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".
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.
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)
Sport Code: amendment of the provisions of the regulatory part
Decree No. 2017-1269 of August 9, 2017 (published in the Official Journal of August 11, 2017) simplifies, updates and corrects the regulatory provisions of the Sports Code. A decree of 24 August 2017 relating to the electronic publication of the regulations of the delegated sports federations completes this Decree.
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.