European Union Sporting Rules - Assignment Example

European Union Sporting Rules Student’s Name Class Institution of Learning Question 1 European Union Sporting Rules Introduction There is a crucial role played by the EU although minor and an indirect strategy duty in sport. The inception that existed in the common market in the 1950’s has changed a lot as a result of the recent ratifications adapted by the Lisbon treaty .This has mad e the sport to rise together with a great growth of an increased association between sports and the EU. The main reasons for this is that the union is considered to lie outside the competences that are conferment by the members states of the union. Another reason is as a result of internal sports organizations on a continental level that differs from the union’s level. The paper aims at giving a detailed information on sports laws under the EU. It is clear that the rules under EC were not perfect and needed a lot of modification in order to provide relevant discriminatory rules in sports naturally. The aim is to enable these rules be easily applicable to the pure sporting interest. Leeds Carnegie is a new venture in the premiership league and for it to operate accordingly it has to be conversant with the governing rules of the Union Mr. john Englander has a strong believe that one of the 15 best players in his team are legible to play in the first team. However the set playing quartos are keeping a large group of professional players out of the play having in mind that the team comprises of 40 experienced players. Therefore, the current adapted playing quartos under the European union requires a lot of modification so that all the players can be accommodated in the Leeds Carnegie club. One of the eligible feature to play for England team is having lived in the country for at least 5 years. This point is backed up by the fact that one has to strong skills and have relevant experience . In reference to the case of Don Montero1, during his management in Rovigo football club in Italy, he managed to rule out some players from the team following the strategies that he adapted. players from Belgium were not included in the team although adverts had already been made by the supervising officer in their country and were recruited in the team. In reference to the strategy adopted by Leeds Carnegie manager, the club players that are legible to play for England under the adapted quotas is only 15 ruling a large number of them who adds up to 40 players in total. Mr. Englander strategy aims at having a squad of 40 players and among all these it is only 20 who are England’s citizens. As a result of the set quotas under the EU a total of 15 players are the ones who can be included in the first team in England national team. There are conflicts with article 7 and the treaty. The set playing quotas are based on several factors such as economic nature under the context of all Leeds matches that fall under the sporting interest. In accordance to Kolpak 2003,2 Mr. Jonny Englander actions are deemed wrong as a declaration was made that citizens whose countries have signed the EU agreement holds the same rights and freedom in sports in EU region as the EU citizens. Therefore these playing quotas restrictions imposed by the manager are unlawful under the EU laws. For example, in Germany there are legal precedents in Europe professional sport, which contains a widened range effect mostly in regard to European skilled rugby. On the issue of the sporting quotas negotiations have been taking place between the EU commission and the UEFA on player nationality and the transferring systems in order to have restrictions of free agency mostly on the players whose contracts ends. These were the critical issues that Bosman rulling touched3. The contemporary issues on the concerned authorities in rolling back nationality quotas responsibilities is a being and should not be valid. Since Bosman ruling many clubs within the EU have a wide variety of players from different countries to choose team from. Therefore, basing the argument on the playing quotas under Bosman ruling, Mr. Jonny Englander strategy of including a certain number of players in his team is unlawful and goes against the ruling made on the sports quotas. Part 2 The issue of salary caps in rugby has dominated the club message boards recently. According to the salary experts in these unions there is evidence of salary hikes almost reaching the ones adopted by football clubs such s Manchester united and Chelsea. This is caused by salary cap rules flouting and the governing bodies are not reacting on the matter. The salary cap set currently is at 4.2 million Euros. The flouting actions are aimed at attracting big stars in the game to their squads. There is evidence of poaching brightest players to other leagues and the salary cap governing body remains silent4. The salary cap for the football clubs is not there and restrictions in salaries being offered is not monitored. This has led to some players getting so much as a way of retaining them to one club and discourage them from shifting their interest groups offering attractive salaries. Importance of current salary cap Complains will arise between different parties who will be complaining of available restrictions of paying big bucks to their players and yet they can afford to pay big star players. Their biggest argument will be on the barriers there in bypassing the salary cap. On the other hand there are teams which will complain due to lack of strong back up from wealthy benefactors. The salary cap ensures that all teams are well represented and not only one team that wines the premiership. Mr. Englander wish of scraping this system is against the set laws and is not easy to adapt the strategy because some less powerful parties in the sector will be fill disadvantaged. There are monitoring systems on clubs as a way of improving the way the process is policed. The premiership is bale to delve into a certain clubs finances through the use of independent experts incase a team is suspected of bypassing the cap. In that case if a club is found to have broken these rules the premiership holds the right of hulling in and having a confidential hearing and points deduction penalty5. It also important for Mr. Englander to understand that salary caps makes sure that tams competition is on a level playing especially that Leeds Carnegie is new in the league. The team will be secure from being taken advantage of by the already well established teams in the league and will have to a fair competition. Salary caps are very important in the sporting environment because they make every party in the sectors equal. As a result maximum salary limits are set to avoid salary flouting like what has happened with the football. Question 2 Sports manages to bring millions of people together irrespective of their age, sex, color religion or nationality. Therefore sports has a potential role to play in ensuring existence of an inclusive society. This means that sports activate can be a tool for embracing leisure. In other words being involved inn any sports events is an ideal platform that helps in fostering acceptance in the society and respect in the process of fighting racism, prejudice and segregation6. In the EU sports potential to add on the human values is one of it increasing interest. The treaty of Lisbon enables the union to have an explicit competence in the sports field. As a result of this background the FRA has conducted a research in the areas of discrimination, racism and segregation directing their focus on different sports as well as levels of practice. The researchers found out that a lot still needs to be done for the sports to be able to fulfill its positive function and as a result be able to convey diversity values and social inclusion. Once the case of racism are detected a number of measures can be taken by the relevant stakeholders in EU as well at a national level with an aim of preventing the racism actions. These measures will help in retaining the social inclusion of the game. Some of the measures may include, legislative nature or inclusion of effective monitoring systems or launch of racism cases awareness7. Raising anti racism campaigns is also encouraged, there are assortment administration programs, and a critical analysis of the available laid down laws governing the racism are addressed to ensure equality in the whole process. In addition the players fans and officials should also take part in the process by taking public stances into account against the cases of racism as well as the linked intolerances Abdul Khan is a victim of the racism issue which is not done openly, but the damaged caused is extreme and serious. He receives a tackle and at the same time a racism statement is made against him by his opponent. Once these cases are not tackled with the required seriousness they can ruin the career of many plays and spoil the objective and the role of sports in the society. As a result of Steve Geordie actions against Khan there are a number of legal procedures that can be followed to ensure that there is legal liability. Khan claims that Steve Geordie made some racist information which is a against the EU rules in the sporting sector in England. According to the football offences act of 1991 came up with a number of offences that could be used to supplement the already existing ones8. The player is also liable to a ban of attending future football games once he is convicted of the racist claims. According to past records arrest have been done on people who showed disorders in connection to the football matches. Around 36% of the arrests conducted were related to racism cases. In reference to the case of John Terry vs. Anton Ferdinand 20129, there was use of aggressive and abusive language which was regarded as disorderly behavior. These actions are of the same nature to those involving Steve Geordie and Abdul Khan Case. These actions are against the section 28 of crime and disorder act of 1998.It was contrary to the public order act of 1986 among other acts that governs racist cases in sports. All the cases addressed in this case can be classified under the harassment and distress actions which are against the public order act of 1986.According to the act a person or player is found guilty of a racism act if he uses abusive, threatening or acts in a manner that is disorderly. Steve Geordie from a legal liability point he is liable to harassment or distress accusations following the fact that he applied an illegal talk against his team opponent. An offence of this nature may be committed in public or private dwelling. In his defense Steve Geordie can try to prove his innocence by showing that there was no one in the field who was supposed to be tackled in an illegal manner to a point of interfering with his health10. The point here is to show the reasons for acting in the way he acted towards his opponent. Parties in the mentioned case can be found guilty once there are traces of provocation , fear or violence, which all falls under the section 4A of public order Act, and section 5 of the Act. Therefore, it is clear that a person once found guilty of the discussed charges he is liable to a summary conviction. This is a form of a fine that is not less than 2500 Euros. This action clearly indicates that according to section 29 and 32 of the Act an offence committed showed traces of the following aspects. At the time the crime was being committed the offender showed forms of hostility towards the victim on the basis of his racial or membership. However, according to the information given in this case Steve Geordie made a racist statement to Khan. A person is found guilty of an offence under section 5 of the act if the claimed racist statement that he made was intended to be threatening or insulting. Steve Geordie did not only make the racist statement but also made an illegal tackle that is likely to ruin Khan football career. According to the set rules such actions are illegal and legal actions are likely to follow. The player can be disqualified from his playing career for a certain duration of time. It is clear that there are other sporting disciplinary actions that are handled by the Football association. This is a result of the fact that he rules applied by the law does not extend to the sport fields. Some of the disciplinary actions taken against racist actions includes: Penalizing the players of a football club that engages in racial abuse. The manger of such a club is not exempted from such treatments11. This in relation to the UEFA and EU documents that indicated that in form symbolic discrimination will be given zero tolerance and very serious actions taken involved in such racial chants. The clubs were obliged to ensure that anti racism statements were highlighted in all matches. Another disciplinary measure is ensuring that the police units in the stadiums are able to detect or recognize chants. Anybody making racism statements made liable to arrest and prosecuted against such actions. The anti racism programs formed was limited to the sports context. Football players who have been found quality has been banned from playing for their respective teams for a certain duration of time. In addition fines have been set and anybody found quality is fined according to set laws. In other cases football fans have been banned from attending football matches once they are alleged to have made racist statements against certain players. Part 2 Vicarious liability and negligence Condon v Basi [1985] 1 WLR 866 In another case like Khans v Steve Geordie Condon v Basi 198512,One party suffered a broken leg as a result of an illegal tackle from one the defendant during a football match. This case opened gate for other tortuous liability cases13. These involved case for player-on-player acts of violence that were handled by the United Kingdom courts. Such cases have imminent defendants against claims made by an injured participant. The tackle that was made in this case was a breach of duty because it was made in a reckless manner regardless of expected standard. All the risks contained in the case of Khan and Steve Geordie should be accepted in because it happened within the rules of the game. In the case of vicarious liability Steve Geordie club would be liable for his reckless actions once justified that they were committed in the course of his employment term to the club. Khan can sue Steve Geordie, and has to show that the negligence acts caused were within the time that Steve Geordie was offering service to the club. The club would be responsible only when it is identified that the instructions given to Steve Geordie led to his actions of negligence causing the Khan damage. It will be the responsibility of the court to determine the following, if the act was unauthorized one, and in such a case Steve Geordie club will be vicariously liable for his actions. The club can also be vicariously liable when it is determined that the reckless action of Steve Geordie were an authorized act, done in an authorized way. The defendant in this case which can be Steve Geordie and his club has a chance of advancing their defense only when they show that the negligent acts of the player had no adequate connection to the endorsed acts. It is important to note that the most important probable defendant is the club employing the player who caused the claimed injuries on Abdul Khan. In English law, suing a club against player’s negligence actions has relatively been uncontroversial14. The benefit of a victorious vicarious liability claim is based on its ability to help the offended player obtain recompense from the defendant clubs liability insurance. In contrast, a claim that is successfully made against the defendant may simply result into reported damages being compensated against a typical man of straw alongside whom only a pyrrhic victory could be tenable15. The reason behind it is that vicarious liability has not received any contest by the defendant employer. Therefore, on all juncture the club has admitted that the defending player was in some way undertaking actions that were certified by their employing club. Despite the fact that the inflicted injuries by fouls play acts has got considerations as acts authorized by the player club as an essential and conventional means of playing the game. At worst these acts has been taken as unlawful means, fetid tackles, of undertaking authorized acts, for example, challenges on ball possession16. Question 3 The ICAS or the international council for Arbitration for sport is an international supervising body on the functionality of the court of arbitration for sport. This is body is independent of sports association and provides services that are aimed at deciding on disputes related to sports. Decisions are reached at through meditation and arbitration where procedural rules are adapted to certain specific needs of the world sports. On the other hand it is important to note that WADA holds the right’s of appeal towards CAS on the doping cases based on the organizations jurisdiction once they have implemented the relevant code. Case Law The anti doping code came in to force in the year 2004 and a result a several legal decisions have been undertaken where these rules have been applied in respect to the anti doping code by the Court of Arbitration for Sport and other tribunals of the global Federations body as well as general Anti-Doping Organizations17. These codes have managed to organize the CAS procedures with relation to all the bodies working with an aim of settling the related disputes. It s clear that Tom smith has been found to use the steroid making him fail in the anti doping Process. Use of steroids is prohibited by WADA however there is some evidence that he may have taken them without his Knowledge. Tom smith will be give a chance to explain the situation before charges are opened on him. At this time he stands a chance of reveling availability of and assistant couch providing these drugs to players without the consent of the club management. During the hearing again tom smith will be given a chance to explain the situation and the possibility of having used these drugs without his consent. The possible verdict for tom smith as long as he fails to provide clear evidence over his allegations will result in him being banned from involving in games for a certain duration of time18. It is important for Smith to understand WADA bans are 2 years ban in participating in sports while once got the second time a life ban follows. According to article 10 of the code there are possibilities of reducing or avoiding the sanctions only if he satisfies the tribunal with clear evidence on how the Steroid substances entered his system. This means showing that it was not his significant fault and had no intentions of enhancing his sporting performance. Here he stands a chance of referring to the spreading rumors of the assistant coach bringing the steroids substances into the club19. It is important to note that anti doping code is a liability offence that is strict and a person is required to establish the element of the offence. In such a case showing that establishing a doping offence is important and requires the involved party to demonstrate that there is no competitive advantage. The offence has already been established once the steroid substances has been found in the player urine. This evidence is a sufficient evidence of the claimed offence20. It is also important to note that the argued elements in the attack and their relevance was based on the disciplinary sanctions of the player. The strict liability of this player once his sporting activity is at stake. The proof that the player has in establishing that anti doping rule has been reached at is a priority in satisfying the hearing panel having in the mind of the seriousness contained in the stated allegations This clearly follows the rule that once the steroids substances have found in the body of the player it calls for an automatic disqualification and in most cases end of a persons career in sports. This decision is made without any possibility of the player rebutting this conjecture of this guilt. This also means that CAS must be upheld firmly without violation. In this case the Anti doping code that the player has failed in has to be directly enforced without any compromise. The claim that the player is bringing forward might be deemed irrelevant and the issue of gaining a competitive advantage taken as the root of taking the steroid substances. According to article 2.1 of the Anti doping code violations done will be established by either presence of steroids samples in the players urine samples. For example, in the case of Smith the sample has shown presence of the steroid substances. The legal implications that Mr. Englander, want to be advised on the actions of the assistant couch of the club are based on the rules under the anti doping rules of 2009 and the new ones that are to be in effect as from 1st January of 205. The assistant coach is reliable to serious actions against him by the WADA body. It is clear that justifications on team leaders carrying prohibited substances in the club premises would result into disqualification of being involved in the club activates for a duration of 4 years. The club is also at a risk of it result in the subsequent results obtained in its competitions following evidence of prohibited substances being used by its players. According to the previous rules of the code a couch caught trafficking the illegal substances in the club or to the players was liable to a 2 years ban. In case the same behavior is repeated for the second time the are possibilities of a life ban once all the investigations done clearly shows evidence of the illegal substance trafficking process21. The disqualifications on a team are contained in Article 11 of the code. Disciplinary action on the team in line with the violation of Anti doping rule shall be given by the international sporting federation. In reference to the case of Meca-Medina 200622, the involved parties were seeking a clear understanding on the declaration that IOC has adopted some rules that are were not in anyway compatible to the rules of the community in respect to the competition in the process of providing services. It is important to note that the key objective of the anti doping rules is to ensure that sports competition are done fairly through safeguarding equal chances of all athletes. However, the process must safeguard the integrity, health and the athlete objective of the competitive sport. In addition knowing that penalties are important and to ensure key effect on the doping ban the effect they will impose on the athletes freedom is must be the principle consideration, intrinsic itself in rules based on anti-doping . The anti doping rules has been reviewed and the new effect is to be in effect from 1 st January of 2015.According to the new rules a ban of almost for years is possible on anybody found to be using the illegal substances. This penalty is applicable to first time violators of the anti doping rules. The verdict is delivered after a through investigation on the case and once the accused party fails to justify his innocence a ban of fours years will be imposed in respect to his actions. On the other hand when a person is accused for the second time the life disqualification ban has been upheld. Therefore, in this case the assistant couch has a likelihood of getting a 4 years out of his career where when got for the second time it will be the end of coaching career. Conclusion All the discussed cases are important in streamlining the sporting game in the society. Once all these laid down standards are followed effectively the sporting game will play its expected role in the society. Racism, discrimination and other unethical practices such as of use of illegal substances with an aim a competitive advantage over other competitors will be shunned. Bibliography Blanpain, R., Michele Colucci, Frank Hendrickx, and Ivo Belet. 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