Legal Character of Stadium Ban Cover Image

Charakter prawny zakazu klubowego
Legal Character of Stadium Ban

Author(s): Marcin Warchoł
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: the stadium ban; criminal law; civil law; administrative law; the Constitutional Court; zakaz stadionowy; prawo karne; prawo cywilne; prawo administracyjne; Trybunał Konstytucyjny

Summary/Abstract: The article analyses the legal character of stadium ban. Interpretation of the legal regulations shows that there are a few aspects of stadium ban: administrative, criminal and civil. The author considers the character of stadium ban from administrative, criminal and civil perspectives. Moreover, the author points out two judgments which were held by the Constitutional Court in this regards. The article focuses on a few legal issues, for example regarding to legal basis of the stadium ban. The legislator introduced for mixing together the various elements of criminal law, civil and administrative. The stadium ban is stipulated by a private entity. The stadium ban has criminal character, but the appeal of it is subject to administrative law. Therefore the stadium ban’s regulations are unconstitutional.

  • Issue Year: 2016
  • Issue No: 66
  • Page Range: 383-396
  • Page Count: 14
  • Language: Polish