SI / EN

Open Issues of Disciplinary Procedures in Sports

Pravnik, Ljubljana 2024, Vol. 79 (141), Nos. 7-8

This year, the team from the Faculty of Law at the University of Ljubljana participated
in the international Sports Law Arbitration Moot competition, where
they ranked among the top four teams. The competitors faced two hypothetical
cases in the field of sports law. The first case centred on doping in football,
focusing primarily on the evidential standard of balance of probabilities. The
hey question was whether the athlete in the case could convince the CAS panel
that his scenario was more likely than not. The second hypothetical case pertained
to disciplinary procedures in equestrian sport. It raised several legal
issues, including the high level of abstraction in the norms of international
sports federations and their consequences. The case also explored the challenge
of assessing the proportionality of a sanction in the absence of comparable
precedents. Additionally, the case touched upon a potential violation of
Article 6 of the European Convention on Human Rights.


Key words: sports law, arbitration, moot court competition, CAS, human
rights, European Convention on Human Rights.

Spletno naročilo edicije: Številka 7-8/2024

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