SubjectsSubjects(version: 945)
Course, academic year 2023/2024
   Login via CAS
Law in Sport - PMNG237NC
Title: Law in Sport
Guaranteed by: Department of Sport Management (51-300100)
Faculty: Faculty of Physical Education and Sport
Actual: from 2023
Semester: winter
Points: 0
E-Credits: 3
Examination process: winter s.:
Hours per week, examination: winter s.:2/0, Ex [HT]
Capacity: unknown / unknown (0)
Min. number of students: unlimited
4EU+: no
Virtual mobility / capacity: no
Key competences:  
State of the course: taught
Language: English
Teaching methods: full-time
Teaching methods: full-time
Level:  
Guarantor: JUDr. Jan Exner, Ph.D.
Incompatibility : PMNG237
Interchangeability : PMNG237
Annotation -
Last update: PhDr. Josef Voráček, Ph.D. (03.05.2022)
The course Law in Sport focuses on the legal aspects of sport and sports management. Its aim is to provide students of sports management with basic knowledge, skills and values of law in sport. Students will acquire knowledge of international and Czech legal framework in which sports organizations operate and in which they adopt and implement their rules. They will simultaneously get acquainted with the basic principles of autonomy and good governance of sports organizations. Students will gain knowledge on legal liability in sport arising from various legal titles, in particular contracts and torts. They will also learn how to resolve disputes between sports organizations, athletes and other entities within the sports environment, both at the global and Czech levels. Students will learn to identify negative phenomena that threaten or damage the integrity of sport, and use legal tools to prevent and eliminate them. Students will know the legal framework of the Olympic movement, the organization of the Olympic Games and the protection of Olympic properties. Simultaneously, they will learn to use the law in the field of sports marketing, especially the protection of intellectual property rights and contractual aspects. The course anchors the topics discussed in a global context. Therefore, special attention is paid to cross-border aspects, in particular European Union law, international law and the protection of human rights in sport. In addition to knowledge, the course aims to ensure that students acquire basic practical skills in the application of law in sports. It also aims to pass on to students the values inherent in law, sport and sports management.
Aim of the course -
Last update: PhDr. Josef Voráček, Ph.D. (03.05.2022)

Upon successful completion of this course, students will be able to:

  • use the knowledge, skills and values of law in sport in sports management,
  • explain the basic principles, nature and purpose of law in sport in the context of sports management,
  • identify the Czech and international legal framework for the functioning of sports organizations and the creation and implementation of their rules,
  • implement the internal autonomy of sports organizations, including the principles of their good governance,
  • work with the basic elements of legal (contractual and tort) liability in sport,
  • identify an appropriate way of resolving disputes in sport through arbitration, court proceedings or other means,
  • detect negative phenomena threatening or damaging the integrity of sport and use legal instruments to prevent and eliminate them,
  • reflect the law within the functioning of the Olympic Movement and the organization of the Olympic Games,
  • implement the law in sports marketing, including intellectual property law and contractual aspects,
  • place the functioning of sports organizations in a European and international legal context.
Course completion requirements -
Last update: PhDr. Josef Voráček, Ph.D. (02.05.2022)

Exam: Written test

Literature -
Last update: PhDr. Josef Voráček, Ph.D. (02.05.2022)

Mandatory:
Blackshaw, I., S. (2017): International Sports Law: An Introductory Guide (1. vyd.). Springer
Weatherill, S. (2017): Principles and Practice in EU Sports Law (1. vyd). Oxford: Oxford University Press.

Recommended:
Anderson, J. (2013): Leading Cases in Sports Law (1. vyd.). Springer.
Cattaneo, A., Parrish, R. (2020): Sports Law in the European Union (1. vyd.). Haag: Wolters Kluwer.
Lindholm, J. (2019): The Court of Arbitration for Sport and Its Jurisprudence. An Empirical Inquiry into Lex Sportiva (1. vyd.). Haag: T.M.C. Asser Press.
Weatherill, S. (2014): European Sports Law. Collected Papers (1. vyd.). Springer.

Requirements to the exam -
Last update: PhDr. Josef Voráček, Ph.D. (02.05.2022)

Exam: Written test

Syllabus -
Last update: PhDr. Josef Voráček, Ph.D. (02.05.2022)

Lectures:

  1. Law in sport. The concept and basic principles of law in sport. The importance of law in sport for sports management.
  2. Legal framework of sport. International and national sports legislation. Conditional regulatory autonomy of sports organizations and their internal regulations. Pyramid structure of sport.
  3. Legal framework of sports organizations in the Czech Republic. Law on the support of sport (zákon o podpoře sportu). National Sports Agency. Sports organizations as associations. Sports organizations as business companies.
  4. Good governance of sports organizations. Principles of good governance at international and national level. Principles of good governance in the rules of sports organizations. The importance of good governance of sports organizations.
  5. Contracts in sport. Fundamentals of contract law. Contractual liability in sport. Types of contracts in sports (public contracts, contracts with sports organizations, athletes, managers, agents and others).
  6. Torts in sports. Fundamentals of tort law. Tort liability in sports. Types of offenses in sports (crimes, administrative offenses, civil offenses).
  7. Dispute resolution in sport I. Arbitration before the bodies of sports organizations at the international and national level. Dispute resolution in sport by courts and other public authorities.
  8. Dispute resolution in sport II. Court of Arbitration for Sport (CAS). The position and role of the Arbitration Court for Sport. Proceedings before the Court of Arbitration for Sport. Remedies. National Court of Arbitration for Sport.
  9. Law and negative phenomena in sport. Integrity of sport. Negative phenomena threatening or damaging the integrity of sport: corruption, influencing the course or result of sports competitions (match-fixing), doping, discrimination, harassment, negative manifestations of sports fans, gambling. Public and private liability for negative phenomena in sport.
  10. Law and doping in sport. Legislation to combat doping in sport. World Anti-Doping Code. Directive for the Control and Punishment of Doping in the Czech Republic. National anti-doping rules in other countries. Doping dispute resolution.
  11. Law in the Olympic movement. Olympic Charter. Legal protection of Olympic property and Olympic symbols. Dispute resolution within the Olympic movement.
  12. Law in sports marketing. Legal framework of sports marketing. Intellectual property protection in sport. Marketing contracts. Olympic marketing.
  13. European Union law and sport. EU competences in the field of sport. Application of EU law to the rules of sports organizations. Decision-making activity of the Court of Justice of the EU. The importance of EU law for sport. The importance of sport for EU law.
  14. Human rights and sport. Fundamentals of human rights law. States, international organizations, sports organizations and human rights. European Convention on Human Rights and sport. Decision-making of the European Court of Human Rights in relation to sport.
 
Charles University | Information system of Charles University | http://www.cuni.cz/UKEN-329.html