An Overview Of Spain’s New Sports Law
On 22 December 2022, the Congress of Deputies approved the Law 39/2022, of 30 December, on Sport ("Law 39/22" or "New Law")1, simultaneously repealing the law that until now governed Spanish sport, Law 10/1990.
With the sport industry changing significantly over the period of 32 years since the previous Sports Law was in force, a change of law was probably necessary. One of the main impacts of the New Law is that it privatises the sports model.
In this article, the authors proceed to analyse some of the key (and often controversial) points of this New Law which include:
Reformation of the Tribunal Administrativo del Deporte (“TAD”)
Centralisation of television rights for women's competitions
Silence on Inclusion of Transgender athletes in sporting competitions
At the outset, the authors would like to state that there has been criticism towards the New Law2 and the authors shall examine the criticisms and showcase the areas of improvement for the New Law in this article.
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- Tags: Dispute Resolution | Football | Regulation & Governance | Royal Decree | Spain | Sports
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Eduardo Oliver is a partner at Senn Ferrero Asociados Sports and Entertainment SLP. He specializes in the legal advisory of athletes, artists and sports entities (clubs and sports federations). He has experience in contracts for athletes, sports entities, image rights exploitation, commercial, sponsorship and trademarks license agreements, and he provides advice to football players in Spain and in the rest of the main world leagues. From time to time, he also teaches lessons in Masters in Sport Law, and he has published several articles about sports law in specialized law journals and sports websites.
Partner, Senn, Ferrero Asociados Sports & Entertainment
Carlos Carnero is a partner at Senn Ferrero Asociados Sports and Entertainment SLP. He is focused in the tax advisory of sportspeople, artists and sports entities. He has expertise in contracts for sportspeople, image rights exploitation, and sponsorship agreements, and he provides advice to football players in the main world leagues. He has published numerous articles about sports taxation in legal journals, business press and specialized sports websites.