Back

Gobernanza global del deporte. Lex sportiva y autonomía normativa. Del soft law a los derechos

Gobernanza global del deporte. Lex sportiva y autonomía normativa. Del soft law a los derechos

Gobernanza global del deporte. Lex sportiva y autonomía normativa. Del soft law a los derechos
PID2020-119089RB-I00/ AEI/10.13039/501100011033

The global dimension that sport has acquired in recent years has important legal repercussions that deserve a detailed analysis and constitute, consequently, the central object of this research project. First, the governance of sports organizations. The scandals of corruption, doping, abuse of athletes, violence and match-fixing have placed this issue at the center of the concerns of society and, obviously, of sports organizations, since the values ​​that have been preached historically are called into question. of sport while also endangering the social, economic and health role they play in our societies. Hence, the need to implement principles such as integrity, transparency, democracy, accountability and sustainability has been generated.

Although some important sports organizations have made relevant transformations, they are still far from reaching the required standards. The diagnosis of the factors that have not yet been developed as well as proposals to overcome these obstacles will be a central axis of the project. On the other hand, another central issue of the project is the analysis of the feasibility and impact of a transnational legal order specific to sport, the so-called Lex Sportiva. The historical normative autonomy of sport that the great sports organizations have so zealously defended has been called into question due to a lack of commitment to the principles of governance that international, national and transnational public organizations have implemented in their respective legal systems. In this sense, although international public organizations recognize the specificity of sport, the conflict of regulations is evident, and hence the questioning of the normative autonomy of sport and the eventual emergence of hard law regulations.

Finally, another of the aspects that has generated the most discussion in recent years in sport is the treatment that sports organizations have given to athletes, or more specifically, the recognition and effective application of their rights. These organizations have enjoyed a wide autonomy based on their expert character for the regulation of competitions. However, in recent decades doubts have arisen as to whether sufficient consideration has been given to the interests and, especially, to the rights of athletes in the development of this regulatory competence. Thus, then, the analysis of the restrictions established by the statutes of sports organizations will also constitute a central aspect of this project. And it is that, although an evolution can be verified in the articulation of the rights of the athletes in the sports structures, there is still a long way to go for a full recognition and an effective application of the same and, in this way, contribute to the improvement of the equal opportunities. In short, the project tries to respond to the need to establish mechanisms for the effective implementation of the requirements of good governance of sport and greater recognition of the rights of athletes, proposing a critical examination of the relationships between sports organizations and the of a public nature with the aim of banishing the scourges that threaten sport.

Amount Awarded: 66.550 Euros