Disciplinary law in sport decides what a federation may impose and which rights the athlete keeps.
Definition and characteristics of disciplinary law in sport
Disciplinary law, whether or not sports related, can be defined as the set of rules of conduct that apply within a specific (professional) group. For example, disciplinary law often occurs in education, within the police or in regulated professions such as the bar association or the association of architects. These rules must guarantee the internal cohesion and external reputation of the (professional) group. Sports organisations or sports federations also draw up disciplinary regulations that their members must adhere to.
On the one hand, one can be a direct member of a sports organisation. For example, a football club is affiliated with the national football association, whose disciplinary regulations must therefore be respected.
On the other hand, indirect membership is also possible. Due to the employment contract that binds him to a club, a football player will also be bound by the disciplinary regulations of the sports organisation of which the club is a member. The employment contract will contain a reference to these disciplinary regulations.
Internal disciplinary law
The violation of a disciplinary rule gives rise to proceedings before a disciplinary body. Initially, this will be an internal disciplinary committee of the sports organisation itself. For example, a violation of the KBVB’s association regulations will give rise to a procedure before the Disputes Committee for Professional Football. The same principle can also be found at international level. FIFA has several disciplinary bodies, including e.g Disciplinary Committee that violations of the Disciplinary Code punished.
External disciplinary law
After an internal procedure, members of a sports organisation are often given the opportunity to appeal to an external disciplinary body. In Belgium this is the Belgian Court of Arbitration for Sport (BAS – the website of the BAS). This body was initially established to settle disputes between players in the sports world through arbitration. In addition, the BAS acts as a disciplinary judge for decisions by sports organisations against which an appeal has been lodged if the sports organisation concerned provides an appeal option to the BAS. At international level, the Court of Arbitration for Sports (CAS – the website of the CAS) is generally recognised by sports organisations as the highest disciplinary body.
Procedural safeguards
Given the impact that a disciplinary decision can have on an athlete’s career, a sports organisation must provide for proper disciplinary proceedings. Since the judgment Le Compte of the European Court of Human Rights of 23 June 1981, the procedural guarantees set out in Article 6 of the European Convention on Human Rights must be respected. However, this only applies when the athlete’s private interests are at stake. An example of this is the disciplinary procedure resulting from a doping violation. This procedure may lead to a suspension of the athlete involved, forcing him to temporarily interrupt his career.
In Article 8 of the decree establishing the status of non-professional sportspersons, the Flemish legislator has explicitly made some procedural guarantees mandatory for disciplinary procedures regarding amateur athletes. However, these are possible mutatis mutandis be invoked in any sports law disciplinary case.
In disciplinary proceedings, parties have the right to be heard, to inspect the file, to appeal and to obtain a reasoned decision.
Judicial supervision
After the disciplinary procedure has ended, a full appeal cannot be lodged with the ordinary court. However, the judge can exercise limited supervision over the disciplinary body’s ruling if all internal legal remedies have been exhausted. On the one hand, he can check whether the rights of defence have been sufficiently guaranteed and whether the sports organisation has complied with its own regulations.
On the other hand, the content of the decision can also be subject to review, albeit only marginally. Only when the decision of a disciplinary body is manifestly unreasonable can the court annul this decision.
Questions about disciplinary law (within sports or beyond)? Would you like help in drawing up disciplinary regulations? Do not hesitate to contact us via telephone number 09/334.94.70, via contact form or via sport@everest-law.be
Sports dispute resolution series: Introductory article (the introduction to dispute resolution in sport) – arbitration (link – not yet available)