Fair Play and Sports Law: Understanding the Olympic Movement and its Governance, Dispense di Diritto Sportivo

Scarica Fair Play and Sports Law: Understanding the Olympic Movement and its Governance e più Dispense in PDF di Diritto Sportivo solo su Docsity! THE INTERNATIONAL OLYMPIC COMMITTEE IN FORCE AS FROM 2 AUGUST 2016 Prof. Avv. Jacopo Tognon Fair Play and Sports Law March 2020 TABLE OF CONTENTS • PREAMBLE • Fundamental Principles of Olympism • The Olympic Charter structure • CHAPTER 1: The Olympic Movement -> 1 ; 2 • CHAPTER 2: The International Olympic Committee (IOC) -> 16; 18;19 • CHAPTER 3: The International Federations (Ifs) -> 25; 26 • CHAPTER 4: The National Olympic Committees (NOCs) -> 27; 28; • CHAPTER 5: The Olympic Games -> 32; 33; 41; 43 • CHAPTER 6: Measures and Sanctions, Disciplinary Procedures and Dispute Resolution -> 59; 60; 61 PROF. AVV. JACOPO TOGNON Fundamental Principles of Olympism 2. The goal of Olympism is to place sport at the service of the harmonious development of humankind, with a view to promoting a peaceful society concerned with the preservation of human dignity 3. The Olympic Movement is the concerted, organised, universal and permanent action, carried out under the supreme authority of the IOC, of all individuals and entities who are inspired by the values of Olympism. It covers the five continents. It reaches its peak with the bringing together of the world’s athletes at the great sports festival, the Olympic Games. Its symbol is five interlaced rings. 1. Olympism is a philosophy of life, exalting and combining in a balanced whole the qualities of body, will and mind. Blending sport with culture and education, Olympism seeks to create a way of life based on the joy of effort, the educational value of good example, social responsibility and respect for universal fundamental ethical principles PROF. AVV. JACOPO TOGNON Fundamental Principles of Olympism PROF. AVV. JACOPO TOGNON 4. The practice of sport is a human right. Every individual must have the possibility of practising sport, without discrimination of any kind and in the Olympic spirit, which requires mutual understanding with a spirit of friendship, solidarity and fair play. Fundamental Principles of Olympism PROF. AVV. JACOPO TOGNON 5. Recognising that sport occurs within the framework of society, sports organisations within the Olympic Movement shall have the rights and obligations of autonomy, which include freely establishing and controlling the rules of sport, determining the structure and governance of their organisations, enjoying the right of elections free from any outside influence and the responsibility for ensuring that principles of good governance be applied 6. The enjoyment of the rights and freedoms set forth in this Olympic Charter shall be secured without discrimination of any kind, such as race, colour, sex, sexual orientation, language, religion, political or other opinion, national or social origin, property, birth or other status. 7. Belonging to the Olympic Movement requires compliance with the Olympic Charter and recognition by the IOC CHAPTER 1: The Olympic Movement 1. Composition and general organisation of the Olympic Movement • 3. In addition to its three main constituents, the Olympic Movement also encompasses the Organising Committees for the Olympic Games (“OCOGs”), the national associations, clubs and persons belonging to the IFs and NOCs, particularly the athletes, whose interests constitute a fundamental element of the Olympic Movement’s action, as well as the judges, referees, coaches and the other sports officials and technicians. It also includes other organisations and institutions as recognised by the IOC. • 4. Any person or organisation belonging in any capacity whatsoever to the Olympic Movement is bound by the provisions of the Olympic Charter and shall abide by the decisions of the IOC. PROF. AVV. JACOPO TOGNON The Olympic Movement 2 Mission and role of the IOC The mission of the IOC is to promote Olympism throughout the world and to lead the Olympic Movement. The IOC’s role is: • 1. to encourage and support the promotion of ethics and good governance in sport as well as education of youth through sport and to dedicate its efforts to ensuring that, in sport, the spirit of fair play prevails and violence is banned; • 3. to ensure the regular celebration of the Olympic Games PROF. AVV. JACOPO TOGNON • 4. to cooperate with the competent public or private organisations and authorities in the endeavour to place sport at the service of humanity and thereby to promote peace; • 5. to take action to strengthen the unity of the Olympic Movement, to protect its independence and to preserve the autonomy of sport CHAPTER 1: The Olympic Movement 2 Mission and role of the IOC • 6. to act against any form of discrimination affecting the Olympic Movement; • 7. to encourage and support the promotion of women in sport at all levels and in all structures with a view to implementing the principle of equality of men and women; PROF. AVV. JACOPO TOGNON • 8. to protect clean athletes and the integrity of sport, by leading the fight against doping, and by taking action against all forms of manipulation of competitions and related corruption; • 9. to encourage and support measures relating to the medical care and health of athletes • 10. to oppose any political or commercial abuse of sport and athletes; • 11. to encourage and support the efforts of sports organisations and public authorities to provide for the social and professional future of athletes; CHAPTER 2: The International Olympic Committee (IOC)18 The Session • 1. The Session is the general meeting of the members of the IOC. It is the IOC’s supreme organ. Its decisions are final. An ordinary Session is held once a year. Extraordinary Sessions may be convened by the President or upon the written request of at least one third of the members. PROF. AVV. JACOPO TOGNON CHAPTER 2: The International Olympic Committee (IOC)18 The Session • 2. The powers of the Session are the following: 2.1 to adopt or amend the Olympic Charter; 2.2 to elect the members of the IOC, the Honorary President, honorary members and honour members; 2.3 to elect the President, the Vice-Presidents and all other members of the IOC Executive Board; 2.4 to elect the host city of the Olympic Games; 2.5 to elect the city in which an ordinary Session is held, the President having the authority to determine the city in which an extraordinary Session is held; 2.6 to approve the annual report and accounts of the IOC; 2.7 to appoint the IOC’s auditors; 2.8 to decide on the awarding or withdrawal by the IOC of full recognition to or from NOCs, associations of NOCs, IFs, associations of IFs and other organisations; 2.9 to expel IOC members and to withdraw the status of Honorary President, honorary members and honour members; 2.10 to resolve and decide upon all other matters assigned to it by law or by the Olympic Charter.. PROF. AVV. JACOPO TOGNON CHAPTER 2: The International Olympic Committee (IOC)18 The Session • 3. The quorum required for a Session is half the total membership of the IOC plus one. Decisions of the Session are taken by a majority of the votes cast; however, a majority of two-thirds of the votes cast is required for any modification of the Fundamental Principles of Olympism, of the Rules of the Olympic Charter, or if elsewhere provided in the Olympic Charter. PROF. AVV. JACOPO TOGNON • 4. Each member has one vote. Abstentions and blank or spoiled votes are not taken into consideration in the calculation of the required majority. Voting by proxy is not allowed. Voting is held by secret ballot when so required by the Olympic Charter, or if the Chairman so decides or upon the request of at least a quarter of the members present. In the event of a tie, the Chairman shall decide. CHAPTER 2: The International Olympic Committee (IOC)19 The IOC Executive Board • 2. Elections, terms of offices, renewals and vacancies PROF. AVV. JACOPO TOGNON • 3. Powers, responsibilities and duties: The IOC Executive Board assumes the general overall responsibility for the administration of the IOC and the management of its affairs. In particular, it performs the following duties: CHAPTER 3: The International Federations (Ifs)25 Recognition of IFs In order to develop and promote the Olympic Movement, the IOC may recognise as IFs international non-governmental organisations administering one or several sports at world level and encompassing organisations administering such sports at national level. The statutes, practice and activities of the IFs within the Olympic Movement must be in conformity with the Olympic Charter, including the adoption and implementation of the World Anti-Doping Code. Subject to the foregoing, each IF maintains its independence and autonomy in the administration of its sport. PROF. AVV. JACOPO TOGNON CHAPTER 3: The International Federations (Ifs)26 Mission and role of the IFs within the Olympic Movement • 1. The mission and role of the IFs within the Olympic Movement are: 1.1 to establish and enforce, in accordance with the Olympic spirit, the rules concerning the practice of their respective sports and to ensure their application; 1.2 to ensure the development of their sports throughout the world; 1.3 to contribute to the achievement of the goals set out in the Olympic Charter, in particular by way of the spread of Olympism and Olympic education; 1.4 to support the IOC in the review of candidatures for organising the Olympic Games for their respective sports; 1.5 to assume the responsibility for the control and direction of their sports at the Olympic Games; 1.6 for other international multisport competitions held under the patronage of the IOC, IFs can assume or delegate responsibility for the control and direction of their sports; PROF. AVV. JACOPO TOGNON CHAPTER 4: The National Olympic Committees (NOCs)27 Mission and role of the NOCs* • 1. The mission of the NOCs is to develop, promote and protect the Olympic Movement in their respective countries, in accordance with the Olympic Charter. • 2. The NOCs’ role is: PROF. AVV. JACOPO TOGNON 2.1 to promote the fundamental principles and values of Olympism in their countries, in particular, in the fields of and education, by promoting Olympic educational programmes in all levels of schools, sports and physical education institutions and universities, as well as by encouraging the creation of institutions dedicated to Olympic education, such as National Olympic Academies, Olympic Museums and other programmes, including cultural, related to the Olympic Movement; 2.2 to ensure the observance of the Olympic Charter in their countries; 2.3 to encourage the development of high performance sport as well as sport for all; CHAPTER 4: The National Olympic Committees (NOCs)27 Mission and role of the NOCs* • 2. The NOCs’ role is: […] 2.4 to help in the training of sports administrators by organising courses and ensuring that such courses contribute to the propagation of the Fundamental Principles of Olympism 2.5 to take action against any form of discrimination and violence in sport; 2.6 to adopt and implement the World Anti-Doping Code; 2.7 to encourage and support measures relating to the medical care and health of athletes. PROF. AVV. JACOPO TOGNON CHAPTER 4: The National Olympic Committees (NOCs)27 Mission and role of the NOCs* • 3. The NOCs have the exclusive authority for the representation of their respective countries at the Olympic Games and at the regional, continental or world multi-sports competitions patronised by the IOC. In addition, each NOC is obliged to participate in the Games of the Olympiad by sending athletes. • 4. The NOCs have the exclusive authority to select and designate the city which may apply to organise Olympic Games in their respective countries. PROF. AVV. JACOPO TOGNON • 5. In order to fulfil their mission, the NOCs may cooperate with governmental bodies, with which they shall achieve harmonious relations. However, they shall not associate themselves with any activity which would be in contradiction with the Olympic Charter. The NOCs may also cooperate with non-governmental bodies• 6. The NOCs must preserve their autonomy and resist all pressures of any kind, including but not limited to political, legal, religious or economic pressures which may prevent them from complying with the Olympic Charter. CHAPTER 4: The National Olympic Committees (NOCs)27 Mission and role of the NOCs* • 8. The IOC helps the NOCs fulfil their mission through its various departments and Olympic Solidarity. • 9. Apart from the measures and sanctions provided in the case of infringement of the Olympic Charter, the IOC Executive Board may take any appropriate decisions for the protection of the Olympic Movement in the country of an NOC, including suspension of or withdrawal of recognition from such NOC if the constitution, law or other regulations in force in the country concerned, or any act by any governmental or other body causes the activity of the NOC or the making or expression of its will to be hampered. The IOC Executive Board shall offer such NOC an opportunity to be heard before any such decision is taken. PROF. AVV. JACOPO TOGNON CHAPTER 4: The National Olympic Committees (NOCs)28 Composition of the NOCs • 1. Whatever their composition, NOCs must include: 1.1 all IOC members in their country, if any. Such members have the right to vote in the general assemblies of the NOC. In addition, the IOC members in the country referred to in Rule 16.1.1.1 and Rule 16.1.1.2 are ex officio members of the NOC executive body, within which they have the right to vote; 1.2 all national federations affiliated to the IFs governing sports included in the programme of the Olympic Games or their representatives; 1.3 elected representatives of athletes. Those representatives must have taken part in the Olympic Games. They must retire from their posts at the latest by the end of the third Olympiad after the last Olympic Games in which they took part. Upon request by an NOC, the IOC Executive Board may grant an exemption to the requirement that such representatives must have taken part in the Olympic Games. PROF. AVV. JACOPO TOGNON CHAPTER 4: The National Olympic Committees (NOCs)28 Composition of the NOCs • 2. The NOCs may include as members: 2.1 national federations affiliated to IFs recognised by the IOC, the sports of which are not included in the programme of the Olympic Games; 2.2 multisports groups and other sports-oriented organisations or their representatives, as well as nationals of the country liable to reinforce the effectiveness of the NOC or who have rendered distinguished services to the cause of sport and Olympism. PROF. AVV. JACOPO TOGNON CHAPTER 5: The Olympic Games I. CELEBRATION, ORGANISATION AND ADMINISTRATION OF THE OLYMPIC GAMES 32 Celebration of the Olympic Games • 1. The Games of the Olympiad are celebrated during the first year of an Olympiad, and the Olympic Winter Games during its third year. PROF. AVV. JACOPO TOGNON • 2. The honour and responsibility of hosting the Olympic Games are entrusted by the IOC to a city, which is elected as the host city of the Olympic Games • 3. The dates of the Olympic Games are determined by the IOC Executive Board • 4. The non-celebration of the Olympic Games during the year in which they should be held entails the cancellation of the rights of the host city, without prejudice to any other rights of the IOC. • 5. Any surplus incurred by a host city, an OCOG or the NOC of the country of a host city as a result of the celebration of an Olympic Games shall be applied to the development of the Olympic Movement and of sport. CHAPTER 5: The Olympic Games I. CELEBRATION, ORGANISATION AND ADMINISTRATION OF THE OLYMPIC GAMES Bye-law to Rule 32 • The duration of the competitions of the Olympic Games shall not exceed sixteen days unless otherwise approved by the relevant IF and the IOC Executive Board, in which case some competitions and preliminaries may be organised prior to the Opening Ceremony. PROF. AVV. JACOPO TOGNON CHAPTER 5: The Olympic Games I. CELEBRATION, ORGANISATION AND ADMINISTRATION OF THE OLYMPIC GAMES 33 Election of the host city • 1. The election of any host city is the prerogative of the Session. PROF. AVV. JACOPO TOGNON • 2. The IOC Executive Board determines the procedure to be followed until the election by the Session takes place. Save in exceptional circumstances, such election takes place seven years before the celebration of the Olympic Games• 3. The national government of the country of any candidate city must submit to the IOC a legally binding instrument by which the said government undertakes and guarantees that the country and its public authorities will comply with and respect the Olympic Charter. • 4. The election of the host city takes place in a country having no candidate city for the organisation of the Olympic Games concerned. CHAPTER 5: The Olympic Games I. CELEBRATION, ORGANISATION AND ADMINISTRATION OF THE OLYMPIC GAMES Bye-law to Rule 33 • 3. Election of the host city – Execution of Host City Contract: 3.1 Following the submission of its report by the Evaluation Commission, the IOC Executive Board shall draw up the final list of candidate cities retained by the IOC Executive Board in order to be submitted to the vote by the Session for election. 3.2 The election of the host city takes place after the Session has considered the report by the Evaluation Commission. 3.3 The IOC enters into a written agreement with the host city and the NOC of its country. At the discretion of the IOC, other local, regional or national authorities, as well as, if relevant, other NOCs and local, regional or national authorities outside the host country, may also be a party to such agreement. Such agreement, which is commonly referred to as the Host City Contract, is executed by all parties immediately upon the election of the host city. PROF. AVV. JACOPO TOGNON CHAPTER 5: The Olympic Games II. PARTICIPATION IN THE OLYMPIC GAMES 41 Nationality of competitors • 1. Any competitor in the Olympic Games must be a national of the country of the NOC which is entering such competitor. PROF. AVV. JACOPO TOGNON • 2. All matters relating to the determination of the country which a competitor may represent in the Olympic Games shall be resolved by the IOC Executive Board. CHAPTER 5: The Olympic Games II. PARTICIPATION IN THE OLYMPIC GAMES 43 World Anti-Doping Code The World Anti-Doping Code is mandatory for the whole Olympic Movement. PROF. AVV. JACOPO TOGNON CHAPTER 6: Measures and Sanctions, Disciplinary Procedures and Dispute ResolutionBye-law to Rule 59 1. Any inquiry relating to facts that may lead to any measure or sanction is conducted under the authority of the IOC Executive Board, which may delegate all or part of its authority to that effect. 2. Throughout any inquiry, the IOC Executive Board may provisionally withdraw from any concerned person or organisation all or part of the rights, prerogatives and functions deriving from such person’s or organisation’s membership or status. 3. Any individual, team or any other individual or legal entity has the right to be heard by the IOC body competent to apply a measure or sanction to such individual, team or legal entity. The right to be heard in the sense of this provision includes the right to be acquainted with the charges and the right to appear personally or to submit a defence in writing. 4. Any measure or sanction decided by the Session, the IOC Executive Board or the disciplinary commission referred to in Rule 59.2.4 shall be communicated in writing to the party concerned. 5. All measures or sanctions shall be effective forthwith unless the competent body decides otherwisePROF. AVV. JACOPO TOGNON CHAPTER 6: Measures and Sanctions, Disciplinary Procedures and Dispute Resolution 60 Challenging IOC decisions Notwithstanding the applicable rules and deadlines for all arbitration and appeal procedures, and subject to any other provision of the World Anti- Doping Code, no decision taken by the IOC concerning an edition of the Olympic Games, including but not limited to competitions and their consequences such as rankings or results, can be challenged by anyone after a period of three years from the day of the closing ceremony of such Games. PROF. AVV. JACOPO TOGNON CHAPTER 6: Measures and Sanctions, Disciplinary Procedures and Dispute Resolution 61 Dispute resolution 1. The decisions of the IOC are final. Any dispute relating to their application or interpretation may be resolved solely by the IOC Executive Board and, in certain cases, by arbitration before the Court of Arbitration for Sport (CAS). PROF. AVV. JACOPO TOGNON 2. Any dispute arising on the occasion of, or in connection with, the Olympic Games shall be submitted exclusively to the Court of Arbitration for Sport, in accordance with the Code of Sports-Related Arbitration.