体育竞赛诚信原则:追求确定性

I. Vasilyev
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引用次数: 0

摘要

2021年的秋天,欧洲足球的一个标志是超级联赛案件的暂停:欧洲足球协会联盟停止了对三家仍保持组织者身份的俱乐部的纪律处分程序,并取消了退出该项目的俱乐部向联合会支付的所有强制性款项。在之前的一篇文章中,我们研究了欧足联章程和欧足联许可和财政公平竞争条例,作为可能因新竞争的出现而被违反的监管来源。但是,防止在欧洲范围内扩大足球赛事组织者的欧足联条例的存在可能遇到来自《欧洲联盟运作条约》条款中提供的经济竞争性保证的障碍。目前,欧足联正准备在欧洲司法的情况下考虑这一争议。欧足联方面的一个关键论点可能是中超联赛组织俱乐部违反了竞争诚信原则(体育诚信)。这将进一步更新体育公正原则的含义。然而,uefa成功应用这一原则的机会似乎很低:这一原则过于灵活和主观,尽管它长期以来一直在体育的规范性规定中发挥作用。在本研究中,作者分析了所有在体育仲裁法庭(CAS)宣布体育赛事诚信原则的纠纷。得出的结论证实了对任何体育主体的原则提出令人信服的申诉的复杂性。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Integrity principle of sports competition: seeking certainty
The fall of 2021 in European football was marked by a pause in the Super League case: the Union of European Football Associations stopped disciplinary proceedings against the three clubs remaining in the status of organizers, and also canceled all mandatory payments to the confederation from the clubs that left the project. In a previous article, we looked at the UEFA Statutes and the UEFA Licensing and Financial Fair Play Regulations as possible sources of regulation that would have been violated by the emergence of new competition. However, the existence of UEFA regulation preventing the proliferation of organizers of football events on a European scale met with a possible obstacle from the economic-competitive guarantees provided in the provisions of the Treaty on the Functioning of the European Union. At the moment, UEFA is preparing to consider the dispute in the instances of European justice. One of the key arguments on the part of UEFA may be the violation by the Super League organizing clubs of the principle of the integrity of the competition (the integrity of sports). This will additionally update the meaning of the principle for sports justice. However, UEFAs chances of a successful application of the principle seem low: this principle is too elastic and subjective, although it has been featured in the normative regulation of sports for a long time. In the present study, the author has analyzed all the disputes before the Court of Arbitration for Sport (CAS) in which the principle of the integrity of sporting events was declared. The conclusions made confirm the complexity of a convincing appeal to the principle of any sports subject.
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