Srpski fudbal : uporednopravni izazovi i perspektive 2
Serbian football : comparative law challenges and perspectives 2
Contributor(s): Miloš B. Stanić (Editor), Dejan Šuput (Editor)
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Sports Studies, Commercial Law, Comparative Law, Labour and Social Security Law
Published by: Institut za uporedno pravo
- Print-ISBN-13: 978-86-80186-89-4
- Page Count: 207
- Publication Year: 2022
- Language: Serbian
SPORT U EVROPSKOJ UNIJI – NA RASKRŠĆU NADLEŽNOSTI – IMPLIKACIJE PRIMENE ČLANA 165
SPORT U EVROPSKOJ UNIJI – NA RASKRŠĆU NADLEŽNOSTI – IMPLIKACIJE PRIMENE ČLANA 165
(SPORT IN THE EUROPEAN UNION – AT THE CROSSROADS OF COMPETENCES – IMPLICATIONS OF THE APPLICATION OF ARTICLE 165)
- Author(s):Jelena Ćeranić Perišić
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Sports Studies, EU-Legislation, Commercial Law, Comparative Law, Labour and Social Security Law
- Page Range:9-21
- No. of Pages:13
- Keywords:sport; European Union; Lisbon Treaty; EU competences; sport bodies
- Summary/Abstract:The European Union acts only within the limits of the competences conferred upon it by the Member States in the Treaties to attain the objectives set out therein. In the field of sport, the Member States did not initially confer any powers to the European Union. Nevertheless, first the European Court of Justice and subsequently the Commission have insisted that in so far as sport constitutes an economic activity it falls within the scope of the Treaty. In order to limit the EU’s interventions in sport, in the mid-90s of the 20th century, sports bodies began to advocate for the inclusion of provisions on sport in the Treaties. Sport was first mentioned in the Lisbon Treaty. This paper attempts to analyze the development of sport and sports law in the EU, which can be divided into three phases. Therefore, first, the practice of the EJC and its most significant judgements are discussed. Then, the Amsterdam and Nice Declarations are presented. These declarations are particularly significant because they emphasize the importance of respecting the specificity of sport as an economic activity. Special attention is paid to the implications of the application of article 165 of the Treaty on the Functioning of the EU.
FUDBAL, STRASTI, NAVIJAČI I POLITIKA
FUDBAL, STRASTI, NAVIJAČI I POLITIKA
(FOOTBALL, PASSIONS, FANS AND POLITICS)
- Author(s):Jovan Ćirić
- Language:Serbian
- Subject(s):Politics, Government/Political systems, Crowd Psychology: Mass phenomena and political interactions, Sports Studies
- Page Range:23-31
- No. of Pages:9
- Keywords:football; fans; politics; Conrad Lawrence; “rebellion of Nika”; prohibition of football fans
- Summary/Abstract:During COVID-19 pandeMic all football matches throughout the whole Europe were played on empty stadiums. It could be said that those matches were also empty without fans and passions. Football without passion is not a football. A well known psychologist Conrad Lawerence used to say that football matches are good way to discharge nationalistic passion on a regular way. It is always better for nations and states to wage war on a football stadiums than in real wars. Football wars are good for the prevention of real wars. On the other hand, football wars, conflicts of football fans, sometimes precede real wars, or predict real wars. What happened on a Maksimir stadium in Zagreb, before the match between Dinamo Zagreb and Red Star Belgrade in 1990 is a good example of a connection between football, fans, passions and politics. But, many centuries before that, something similar has happened in old Vizantia in Carigrad. That event in the period of Justinian, known as a “rebellion of Nika” is the first conflict of fans and the first event when sport has played political role. The author of this text speaks about that. He also analyzes the connection between fans and some groups of organized crime, especially when it comes to drugs. In that sense Jovan Ćirić analized one decission of Constitutional Court of Serbia. Few years ago, a public prosecutor requested for prohibition some subgroups of football fans. But those subgroups were not registered as an association of citizens, so the court rejected that reqest. How to prohibit something that does not exist in a legal sense, that does not have an organizational structure and nobody knows who the members are. Anyway, the links between football and politics are very strong and complex.
UTICAJ PROMENJENIH OKOLNOSTI I VIŠE SILE NA IZVRŠENJE UGOVORA O TRANSFERU FUDBALERA
UTICAJ PROMENJENIH OKOLNOSTI I VIŠE SILE NA IZVRŠENJE UGOVORA O TRANSFERU FUDBALERA
(IMPACT OF CHANGED CIRCUMSTANCES AND FORCE MAJEURE ON THE ENFORCEMENT OF THE FOOTBALLERS TRANSFER CONTRACT)
- Author(s):Vladimir Čolović
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, Sports Studies, Commercial Law, Comparative Law
- Page Range:33-47
- No. of Pages:15
- Keywords:contract; football; transfer; changed circumstances; rebus sic stantibus
- Summary/Abstract:Changed circumstances are those circumstances that could not have been foreseen at the time of concluding the contract. The question then arises as to the justification of the termination or revision of the contract, since the parties could not foresee a situation that would make it impossible to perform the contract. The changed circumstances are related to the rebus sic stantibus clause. When extraordinary, that is, changed circumstances arise, two answers are possible. The first is that contract should be carried out as defined and the second is that, however, one should take into account the impact of changed circumstances. Even in case of force majeure, the rules of the rebus sic stantibus clause will apply. The paper raises the question of the application of this clause in football player transfer contracts. The dispute between the football clubs Leeds and Leipzig is analyzed, which concerns the impossibility of executing the contract due to the outbreak of the pandemic and the impossibility of the performance of football player Jean Kevin Augustin for Leeds due to the suspension of the competition. In addition, attention is paid to the dispute between the football clubs Cardiff City and Nantes, which arose, immediately after the transfer was concluded, because the footballer Emiliano Sala died in a plane crash. Does the rebus sic stantibus clause have to be applied in such situations or not? That is the question that the author tried to answer in this paper.
UPOREDNA ANALIZA STATUTA KONTINENTALNIH FUDBALSKIH ASOCIJACIJA – SLIČNOSTI I SPECIFIČNOSTI
UPOREDNA ANALIZA STATUTA KONTINENTALNIH FUDBALSKIH ASOCIJACIJA – SLIČNOSTI I SPECIFIČNOSTI
(COMPARATIVE ANALYSIS OF STATUTES OF THE CONTINENTAL FOOTBALL ASSOCIATIONS – SIMILARITIES AND PARTICULARITIES)
- Author(s):Vladimir Mikić
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, Sports Studies
- Page Range:49-56
- No. of Pages:8
- Keywords:continental federations; football; statutes
- Summary/Abstract:The paper explores the similarities and rare differences contained in the provisions of the statutes of continental football federations throughout the world. In addition to the statutes’ structure, general provisions, conditions for membership in the federations, and some exceptional modalities for admission of football associations of countries that are not located on the continent of the home federation, these norms also prescribe the forms of institutional organization of federations. The organizational structure of the federation consists of the congress, the executive board, the president, the secretary- general, as well as arbitration, disciplinary and quasi-judicial bodies, and committees with different jurisdictions. The highest legal acts of individual federations contain authentic, rare provisions, which may serve as a model for a more detailed legal regulation.
KRIVIČNOPRAVNA ZAŠTITA OD NASILNIČKOG PONAŠANJA NA SPORTSKIM PRIREDBAMA
KRIVIČNOPRAVNA ZAŠTITA OD NASILNIČKOG PONAŠANJA NA SPORTSKIM PRIREDBAMA
(CRIMINAL LAW PROTECTION OF VIOLENCE AT SPORTS EVENTS)
- Author(s):Mladen M. Milošević, Bojana Savović, Milena Božović
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Sports Studies
- Page Range:57-69
- No. of Pages:13
- Keywords:Violence at sport events; Criminal law provisions; different legal interpretations
- Summary/Abstract:The frequency and consequences of violence at sport events in Serbia produces serious public concerns. Concrete manifestations of this socially dangerous phenomenon, especially its alleged links with organized crime, has led the subjects of Criminal policy to introduce criminal sanctions, because liability under other branches of law showed not to be sufficient. Perpetrators of violent acts at stadiums and other sport objects as well as responsible persons and officials who failed to prescribe and implement safety and security preventive measures, can now be prosecuted under provisions of Criminal and Misdemeanor Law. The authors present and analyze Serbian Criminal legislation in this area. Also, they consider court practice and its problems and dilemmas in practical implementation of legal provisions. The paper provides commentary of key legal provisions and the analyses of different interpretations and their legal consequences. In the concluding remarks, the authors present legal-dogmatic and criminal-policy dilemmas and examine the theoretical basis of various interpretations created in the process of applying the law.
O MOGUĆIM PRAVNIM FORMAMA SPORTSKE ORGANIZACIJE U SRPSKOM PRAVU
O MOGUĆIM PRAVNIM FORMAMA SPORTSKE ORGANIZACIJE U SRPSKOM PRAVU
(THE POSSIBLE LEGAL FORMS OF SPORTS ORGANIZATIONS IN SERBIAN LAW)
- Author(s):Milena Momčilov
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, Sports Studies, Sociology of Law, Commercial Law, Administrative Law
- Page Range:71-85
- No. of Pages:15
- Keywords:Sports organization; Legal forms; Association; Company; The Sports Act
- Summary/Abstract:The following paper will present an analysis of each of the possible legal forms of sports organizations in Serbian law. Namely, Serbian positive law allows sports organizations to be established exclusively in the form of associations or in the form of companies. Therefore, the Serbian legislator narrows the circle of legal forms in relation to possible forms of legal entities regulated by the general rules. In other words, the founders of sports organizations are limited in their choice of the form by having the legislator offer them numerus clausus list of forms. The author tried to analyze the advantages and disadvantages of the permitted legal forms of the sports organizations by noticing differences with the regulation of those forms by the general rules. It was also attempted to examine the reasons why the legislature, in respect of the legal forms of sports organizations, deviated from the general rules governing those legal forms. Finally, the paper deals with the issue of permitted changes of the legal forms of sports organizations.
REPREZENTATIVNI FUDBAL I PROMENA DRŽAVLJANSTVA – FIFA PRAVILA
REPREZENTATIVNI FUDBAL I PROMENA DRŽAVLJANSTVA – FIFA PRAVILA
(NATIONAL TEAMS AND CHANGE OF CITIZENSHIP – FIFA RULES)
- Author(s):Vladan Petrov, Miloš B. Stanić
- Language:Serbian
- Subject(s):Sports Studies
- Page Range:87-97
- No. of Pages:11
- Keywords:citizenship; change of citizenship; national teams; FIFA rules
- Summary/Abstract:Globalization has also affected football. People are increasingly mobile, and football players often move to different countries. It happens that they also acquire the citizenship of a certain country or that after playing for one national selection they change their mind and want to play for another one, whose citizenship they have acquired or maybe they already had. Of course, it can also happen that a state ceases to exist, and that a new state or states are established on that territory. Certainly, these are very challenging questions, since the national teams are a matter of national pride. As a matter of fact, it is understandable why the rules are different comparing to club football. Simply, intention is to preserve the substrate of representative football, its essence. In the paper, the authors aim to provide, after the introductory considerations, an analysis of the provisions of the world umbrella football organization FIFA in this area. At the end, the authors summarize the results of the research and offer an appropriate conclusion.
PRAVNA PRIRODA ODGOVORNOSTI ORGANIZATORA SPORTSKIH PRIREDBI
PRAVNA PRIRODA ODGOVORNOSTI ORGANIZATORA SPORTSKIH PRIREDBI
(THE LEGAL NATURE OF THE LIABILITY OF ORGANIZER OF SPORTING EVENTS)
- Author(s):Ivana Radomirović
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Civil Law, Sports Studies, Commercial Law
- Page Range:99-113
- No. of Pages:15
- Keywords:liability of organisers of events; liability of organisers of sporting events; release from liability; sporting events
- Summary/Abstract:This paper provides the analysis of the legal nature of liabilityof organizer of sporting events . The Law on Sports explicitly prescribes the obligations of organizers of sporting events which are aimed at maintaining appropriate safety standards during sporting events and combating illegal and inappropriate behavior that is contrary to the goal and social purpose of sporting events. If non-compliance with these obligations causes damage to athletes, spectators, other participants or third parties, the Law on Sports refers to the application of general rules on liability contained in the Law on Obligations. The rules referred to in the Law on Sports regulate the liability of organizers of large gatherings contained in Article 181, which represents a special type of liability regardless of the fault of the organizer. Regulating the responsibility of the organizer of gathering as a special type of non-contractual, objective liability for damage, the legislator accepted the position that the gathering of a large number of people indoors or outdoors itself is a state of increased danger, for which it is justified to impose an obligation to its organizer to compensate for such damage regardless of his guilt. However, as the Law on Sports provides for liability of the organizer of sporting events due to non-compliance with its obligations, it may be concluded that the organizer may be released from liability by providing a proof that he has fulfilled his legal obligations. The author of this paper therefore deals with the analysis of the rules on the liability of organizers of a sporting events and the rules on the liability of the organizers of the large gatherings from the Law on Obligations in order to point out certain inconsistenciesand unclarities in current legal framework.
ANGAŽOVANJE DECE U SPORTU
ANGAŽOVANJE DECE U SPORTU
(ENGAGEMENT OF CHILDREN IN SPORTS)
- Author(s):Jovana Rajić Ćalić
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, Sports Studies, Sociology of Law
- Page Range:115-126
- No. of Pages:12
- Keywords:sports and children; professional engagement of children; child labor; permissibility of child labor
- Summary/Abstract:More and more often, we are witnessing the involvement of children in the field of sports, first as a hobby and later with some form of scholarship, as an incentive for professional sports. In our law, there is no legal regulation that would regulate sports engagement that does not have a professional character, and there are also no important provisions regarding health care, considering the possibility of injuries and illnesses. In theory, the question of the involvement of children in sports has not been sufficiently studied, and often the basis of their involvement remains obscured. Bearing in mind the principle of special protection of these categories in the employment relationship, the question arises whether this principle also applies to the employment of children who do not belong to the circle of professional activities and how it should be implemented. The paper will discuss the involvement of children in sports, with consideration of the legal regulations that form the basis of their involvement in sports. Such consideration is inextricably linked to the provisions of the Labor Law, as the basic law in the sphere of labor relations, as well as the Law on Sports as lex specialis.
PRAVNA PRIRODA UGOVORA O BAVLJENJU SPORTOM
PRAVNA PRIRODA UGOVORA O BAVLJENJU SPORTOM
(LEGAL NATURE OF THE CONTRACTON SPORT PRACTICING)
- Author(s):Miroslav Sever
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, Sports Studies, Sociology of Law
- Page Range:127-147
- No. of Pages:21
- Keywords:sport practicing contract; law on sport; work outside the employment relationship
- Summary/Abstract:Law on sport of the Republic of Serbia has predicted. for the amateur sports competitors, the possibility for concluding the special type of contract, named the contract on sport practicing. This engagement between sportsman and the sports organization through the mentioned agreement is considered as a work outside the employment relationship, and the Law on sport itself prescribed the obligatory elements of this contract. However, beside the significant advantages that this contract brings to the sport, due to various types of contractual possibilities that athletes and sports organizations have in option, the legal nature of the contract on sport practicing is quite unclear and undefined, because the Law on sport defines this contract through three paragraphs in two articles. Due to that, this contract and the possibilities in that respect, opens many questions and requires significant interpretations, which is, from the perspective of the legal theory, a great challenge, but in practice, it can create the great problems due to a lack of the more detailed regulation.
ŠANSA ZA RAZVOJ LEX SPORTIVA U SRBIJI? VEĆE ZA REŠAVANJE SPOROVA FUDBALSKOG SAVEZA SRBIJE KROZ PRIZMU IZMENJENOG POSLOVNIKA O RADU VEĆA
ŠANSA ZA RAZVOJ LEX SPORTIVA U SRBIJI? VEĆE ZA REŠAVANJE SPOROVA FUDBALSKOG SAVEZA SRBIJE KROZ PRIZMU IZMENJENOG POSLOVNIKA O RADU VEĆA
(A CHANCE FOR THE DEVELOPMENT OF LEX SPORTIVA IN SERBIA? THE COUINCIL FOR DISPUTE RESOLUTION OF THE FOOTBALL ASSOCIATION OF SERBIA THROUGH THE PRISM OF THE AMENDED RULES OF PROCEDURE OF THE COUNCIL)
- Author(s):Mitar P. Simonović
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, Sports Studies
- Page Range:149-163
- No. of Pages:15
- Keywords:Lex sportive; Football Association of Serbia; Council for Dispute Resolution of the Football Association of Dispute Resolution; sports law;
- Summary/Abstract:Leaving aside completely considerations on the remarks of the public on the (un)functionality of the Football Association of Serbia (FAS), this organisation has enacted the new Rules of Procedure (Rules) of the Council for Dispute Resolution (Council). This article aims to give to the readers a utilitarian overview of the provisions and mechanisms envisaged by the new Rules, through a review of its solutions, as a chance for the development of sports law, that is lex sportive in the Republic of Serbia, through the review of individual comparative solutions. The purpose of the article is to, on one hand, present the Rules and its solutions, and on the other and, point out the developmental possibilities, primarily by taking into consideration the significance of the rules contained in the Rules, which significance derives from the scope of competences of the FAS, and perhaps more significant, from the very procedure before the Council, as necessary steps for the furnishment of the (final) decision before the Court of Arbitration for Sport in Losane (CAS).
FUDBAL U SRBIJI I EVROPSKIM DRŽAVAMA NAKON PANDEMIJE COVID 19
FUDBAL U SRBIJI I EVROPSKIM DRŽAVAMA NAKON PANDEMIJE COVID 19
(THE STATE OF FOOTBALL IN SERBIA AND IN EUROPE AFTER THE COVID 19 PANDEMIC)
- Author(s):Dejan Šuput
- Language:Serbian
- Subject(s):Sports Studies
- Page Range:165-183
- No. of Pages:19
- Keywords:football; UEFA; FIFA; new regulations; COVID 19 pandemic
- Summary/Abstract:This article describes in considerable detail the most significant implications of the COVID 19 pandemic for football organisations (national football associations and football clubs) in Europe. The author makes the point that the relevant available facts do not support earlier predictions that the pandemic would bring about the demise of football as a consequence of temporary cancellations of football competitions (and of their subsequent resumption by playing matches without the presence of spectators). The text considers in some detail the factual, financial and legal measures taken by individual states, national football associations and UEFA in order to preserve and even to develop further the sport of football during the pandemic (which is not over, although its end may be in sight). The author points out that, contrary to earlier predicitions, the novel circumstances resulting from the pandemic did not lead to large scale football club closures, and that the medical profession still needs to assess the claim that a single football match played in Milan at the beginning of 2020 triggered the spread of the pandemic in norther Italy. The final part of the article presents the view that football as a sport and as a business, football players, people professionally working in the field of football, as well as football fans and all those who follow the sport, have demonstrated far greater resilience in facing medical, economic and organisational challenges than was initially predicted. In a nutshell, the facts presented in the text support the conclusion that the pandemic actually contributed to the faster modernising transformation of several key aspects of football orgatisations, the systems of football as a sport, football regulations and the football market - all of which have emerged better adapted to operating in the modern world than would have been the case if it had not been for the pandemic.
FUDBALSKI AGENTI-UGOVOR O POSREDOVANJU I OSIGURANJE OD PROFESIONALNE ODGOVORNOSTI
FUDBALSKI AGENTI-UGOVOR O POSREDOVANJU I OSIGURANJE OD PROFESIONALNE ODGOVORNOSTI
(FOOTBALL AGENTS-SPORT MEDIATION AND PROFESSIONAL LIABILITY INSURANCE)
- Author(s):Iva Tošić
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, Sports Studies
- Page Range:185-195
- No. of Pages:11
- Keywords:football; football agent; legal nature; professional liability insurance
- Summary/Abstract:Agents in sports, especially football, are of high importance for the transfer of football players and conclusion of contracts between football players and clubs. Taking into account that theyare professionals and have special knowledge, their participation in the conclusion of the contract can be of great significance and enables the valorization of the athlete’s talent. However, bearing in mind that sport mediation is a professional activity, the agent’s obligations can also lead to his responsibility, which can represent a remarkable financial burden for him. For these reasons, as well as in other professional activities, professional liability insurance is required. The importance of this insurance is also shown by the fact that obtaining a license in some cases is conditioned by the conclusion of a professional liability insurance contract. In the first part of the paper, the author analyzes the concept of a sports agent, his obligations, as well as the legal nature of the contract concluded between him and the athlete (sports organization). Namely, in order to analyze professional liability insurance, it is necessary to determine the responsibility of the sports agent, which depends on his obligations. These obligations are conditioned by the legal nature of the relationship between the agent and the athlete.In the second part of the paper author analyzes professional liability insurance.
UGOVORNI STATUS SPORTISTA U REPUBLICI SRBIJI
UGOVORNI STATUS SPORTISTA U REPUBLICI SRBIJI
(CONTRACTUAL STATUS OF ATHLETES IN THE REPUBLIC OF SERBIA)
- Author(s):Bojan Urdarević, Jovana Misailović
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Sports Studies, Commercial Law
- Page Range:197-207
- No. of Pages:11
- Keywords:amateur athletes; professional athletes; contract of practicing sports; contract on scholarship of a juvenile athlete for sports improvement;sports law
- Summary/Abstract:One may argue that legal position of athletes is free from controversies, since their legal status is usually specifically regulated by the acts dealing with sports. In the Republic of Serbia, Law on Sportregulates legal status of athletes, specifically drawing the line between amateur athletes and professional athletes. While the legal status of professional athletes is comparable to the ones that employees have in accordance with the labour law (with the necessary adaptability to the “sport as a labour”that bring a number of rights and obligations primarily regulated by the Law on Sports as a lex specialis to the Labor Law), contracts that amateur athletes conclude may defer. First of them is the contract of practicing sports and the second one is the contract on scholarship of a juvenile athlete for sports improvement. In the paper, the authors discuss the negative consequences on the legal position of athletes set up by the contracts that amateur athletes conclude in order to give de lege ferenda solutions.
