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The European Model
Several Leagues (⇒ from youth league to top national league)
Open Leagues (⇒ first league, second league, ... )
Promotion and Relegation
national and international competitions
1. the national Federation
2. the regional Federation(s)
3. the clubs/athletes
The US Model (North American Model)
Professional League (⇒ begins with the college sports and extends to the professional League, "Drafting System")
Closed Leagues (⇒ limits of salary, no promotion, Entry fees, ... )
Difference between the two Models (EU M. vs. US M.)?
⇒ In the US M. there is no open league, hence there is no promotion and relegation, there are collective bargaining agreements and entry fees
What is Sports Law in a broader sense?
Private International Law
Fundamental Freedoms under the TFEU
⇒ typical cross-section area of the law
⇒ see slides L1 S. 30 ff.
What is Sports Law in a narrower sense?
⇒ non-state law
⇒ Rules and Regulations enacted by private entities (in switzerland the authonomy of associations)
⇒ no applicability per se
International Federation (enforcements (on a private law basis); disciplinary sanctions, financial penalties, Suspensions, etc.) Pyramidal system of sports
National Federation (Membership)
Club / Athlete (contractual basis)
See slide L1 S. 34 ff.
Why is Switzerland so important?
Switzerland is a hub to many int. Sports Federations
was a "save haven" in the post World War I and pre World War II ⇒ neutrality, stability, security
Quality of life
The swiss legal framework is good for int. sports federations (liberal Legislation), only a few mandatory regulations, authonomy of associations, fiscal benefits, swiss arbitration law is broad and flexible, data protection
Swiss Sports Law? ⇒ SpoFöG
Substantive Swiss Law is of paramount importance in international sports dispute resolution
Art. 66 Abs. 2 CAS, Art. R45 ...
Swiss Arbitration Law
Rules of the Game
Rules, which define exclusively the progress/conduct/running of the game "on the pitch"
⇒ their effect is limited to "the pitch"
Examples: offside, penalty, foul, etc. Technical equipment, eligibility to participate