Editor's note: This report compiles all relevant news, events and materials on International and European Sports Law based on the daily coverage provided on our twitter feed @Sportslaw_asser. You are invited to complete this survey via the comments section below, feel free to add links to important cases, documents and articles we might have overlooked.
The Headlines
FIFA and FIFPro sign landmark agreement
A six-year cooperation agreement concluded between FIFA and FIFPro on 6 November 2017 puts an end to protracted negotiations which began after the latter had filed in September 2015 a complaint with the European Commission, challenging the validity of the FIFA transfer system under EU competition law. This agreement, together with an accord reached between FIFA, FIFPro, the European Club Association, and the World Leagues Forum under the umbrella of the FIFA Football Stakeholders Committee, should help streamline dispute resolution between players and clubs, avoid abusive practices in the world of football, or contribute to the growth of professional women's football. In addition, the FIFA Football Stakeholders Committee is now expected to establish a task force to study and conduct a broader review of the transfer system. As part of the deal, FIFPro agreed to withdraw its EU competition law complaint.
FIFA strengthens its human rights commitment amid reports of journalists getting arrested in Russia
It is fair to say that human rights have been at the forefront of FIFA's agenda in 2017. Following the establishment of the Human Rights Advisory Board in March and the adoption of the Human Rights Policy in June this year, in November FIFA published the bidding regulations for the 2026 World Cup. Under these new regulations, member associations bidding to host the final tournament shall, inter alia, commit themselves to respecting all internationally recognised human rights in line with the United Nations Guiding Principles on Business and Human Rights or present a human rights strategy on how they intend to honour this commitment. Importantly, the human rights strategy must include a comprehensive report that is to be complemented and informed by a study elaborated by an independent expert organisation. Moreover, on 9 November 2017, the Human Rights Advisory Board published its first report in which it outlined several recommendations for FIFA on how to further strengthen its efforts to ensure respect for human rights.
While all these attempts to enhance human rights protection are no doubt praiseworthy, they have not yet produced the desired effect as reports of gross human rights abuses linked to FIFA's activities continue to emerge. Most recently, Human Rights Watch documented how Russian police arrested a newspaper editor and a human rights defender whose work focused on exposing World Cup-related corruption and exploitation of migrant construction workers. On a more positive note, a bit of hope comes with the announcement by a diverse coalition, including FIFA, UEFA, and the International Olympic Committee, of its intention to launch a new independent Centre for Sport and Human Rights in 2018.
More than 20 Russian athletes sanctioned by the Oswald Commission for anti-doping rule violations at the Sochi Games
November has been a busy month for the International Olympic Committee, especially for its Oswald Commission. Established in July 2016 after the first part of the McLaren Independent Investigation Report had been published, the Oswald Commission is tasked with investigating the alleged doping violations by Russian athletes at the 2014 Winter Olympic Games in Sochi. Its first sanctions were handed down last month. As of 30 November 2017, the Commission chaired by the IOC Member Denis Oswald sanctioned 22 athletes (see here, here, here, here, here, and here) who competed at the Sochi Olympics in the following sports: biathlon, bobsleigh, cross country skiing, skeleton, and speed skating. The Commission published its first full decision on 27 November 2017 in the case against the cross country skier Alexander Legkov, a gold and silver medallist from the Sochi Olympics, who was ultimately banned for life from attending another Olympics.
Sports Law Related Decisions
- CAS – Award delivered in the arbitration between Danis Zaripov and the International Ice Hockey Federation
- IOC – Decision of the Disciplinary Commission in the proceedings against Alexander Legkov
- Swiss Federal Tribunal – Judgment in the case between Michel Platini and FIFA (translated to English)
Official Documents and Press Releases
- Amnesty International – FIFA under pressure over handling of World Cup construction abuse
- CAS – CAS cancels two fines imposed on the Mexican Football Federation and imposes warnings in their place
- CAS – CAS rejects an application for urgent provisional measures filed by Adrien Silva
- CAS –CAS upholds the appeal of football club Real Garcilaso; decision of the Peruvian Football Federation reversed
- FIFA – Adjudicatory Chamber of the independent Ethics Committee bans former football officials
- FIFA – Circular no. 1600 re participation of clubs in the benefits of the 2018 FIFA World Cup Russia
- FIFA –Circular no. 1601 re professional female players in the international transfer matching system
- FIFA –FIFA and FIFPro sign landmark agreement and announce measures to enhance professional football
- FIFA – First report of the FIFA Human Rights Advisory Board
- FIFA –Guide to the bidding process for the 2026 FIFA World Cup
- FIFPro –Player unions create sexual abuse protocols
- FIFPro – Turkish football tribunal questioned
- Human Rights Watch – Russian human rights defender faces police in court
- IOC – IOC President highlights athletes' exemplary role as the UN General Assembly adopts Olympic Truce for Pyeongchang 2018 by consensus
- IOC –IOC sanctions Russian athletes Anna Nazarova and Yulia Gushchina for failing anti-doping tests at London 2012
- IOC –Oswald Commission findings with regard to Russian athletes:
- Olga Stulneva, Aleksandr Zubkov, Olga Fatkulina, and Aleksander Rumyantsev
- Sergei Chudino, Aleksei Negodailo, Dmitrii Trunenkov, Yana Romanova, and Olga Vilukhina
- Yuliia Ivanova, Alexey Petukhov, Evgeniya Shapovalova, and Maksim Vylegzhanin
- IOC –Statement on IOC member Frank Fredericks
- United Nations General Assembly – Draft resolution on building a peaceful and better world through sport and the Olympic ideal
- WADA – Compliance Review Committee update
- WADA –Foundation Board takes important decisions that will significantly strengthen the Agency and the future of clean sport
- WADA – WADA in possession of new intelligence from Moscow Laboratory
- WADA – WADA suspends accreditation of Paris Laboratory
- WADA – WADA welcomes the IOC Oswald Commission’s first sanctions against Russian athletes identified via the Agency’s McLaren Investigation
In the news
Doping
- Rachel Axon How will World Anti-Doping Agency decision on Russia impact International Olympic Committee?
- Andy Brown Russian investigation denies WADA evidence and State doping
- Nick Butler WADA obtain key database proving Russian doping before Sochi 2014
- Govorit Moskva The honorary president of Russia’s Olympic Committee says the whistleblower who exposed Moscow’s doping program ‘should be shot, like Stalin would have done’
- Duncan Mackay South African golfer banned after failing drugs test
- Associated Press FIFA suspend Peru striker Guerrero for failing doping test
- Canadian Press Canadian powerlifter Niko Somos gets two-year sanction for anti-doping violation
- Loretta Race Austrian champion Sebastian Steffan handed 12-month doping ban
- Rebecca R. Ruiz Olympic doping diaries: Chemist's notes bolster case against Russia
Football
- BBC News FIFA insists Isha Johansen is still Sierra Leone FA President
- BBC News Paradise Papers: Who is in control of Everton?
- David Conn FIFA urged to press Qatar on conditions for World Cup stadium workers
- David Conn How the FBI won ‘the World Cup of fraud’ as FIFA scandal arrives in court
- Simon Griver Match not over as West Bank football claim moves to court
- Josimar Interview with Miguel Maduro, former chair of FIFA’s Governance Committee
- Martha Kelner Gay fans warned holding hands at Russia World Cup will be dangerous
- Lombardi Associates The Court of Arbitration for Sport rejects Genoa CFC’s appeal against FIFA decision
- Tariq Panja As sponsors shy away, FIFA faces World Cup shortfall
- Keir Radnedge Warner secures new delay in fight against FIFAGate extradition to United States
- Barney Ronay FIFA’s World Cup debacle is not just about money – there is horror and death too
- Rebecca R. Ruiz FIFA trial: Notable moments from first four days
- Sui-Lee Wee, Ryan McMorrow and Tariq Panja China’s soccer push puts a storied team under murky ownership
- Minky Worden Time for FIFA to act on human rights
Other
- Katie Gainer 2018 Winter Olympics tickets sales could set historic low
- Tariq Panja Powerful Sheikh linked to sports corruption case resurfaces in Prague
- Reuters EU set to rule in favour of speed skaters over ISU ban threat
Academic Materials
- Leonardo de Oliveira Lex Sportiva as the Contractual Governing Law
Blogs
Asser International Sports Law Blog
Law in Sport
- Sarah Bruce Is bridge a sport for VAT purposes? The ECJ's decision in English Bridge Union v. HMRC
- Richard Cooke The lifecycle of an international athlete: Part 9 – Key tips on renovating or building a home
- Hamish Corner The lifecycle of an international athlete: Part 10 – Negotiating sponsorship & endorsements deals
- Ani Ghazikhanian Cycling, doping & the importance of due process: A review of the Karl Murray case
- Mathilde Groppo Defamation in sport: A comparison of the law in France, England and Australia
- Joseph Richmond Financial Fair Play: How clubs justify spending & related party transactions
Others
- Declan Hill FIFA trial: It is a mob affair
Upcoming Events
- 3-4 July 2018 – 13th Sport & EU Annual Conference, Edge Hill University, England