Judicial oversight of sports associations in the Czech Republic – does the new Civil Code strike the right balance between autonomy and intervention?
In the Czech Republic (as in many other countries), sports normally govern their activities via a legally formed association. The right of association embodies certain principles, chief among which is “autonomy” - a characteristic that manifests itself principally in the separation of the association from the state. Yet while sports associations are essentially private, the exercise of their power is not completely outside of the supervisory jurisdiction of the courts. The extent to which courts can intervene in the decisions of a sports association is an interesting question, and one that has been discussed in previous LawInSport articles in relation to the UK (here1) and South Africa (here2).
This article examines the current position in the Czech Republic, the author’s home jurisdiction. It is a pertinent topic here, as the Government has recently introduced a new statutory regime that seems, on the evidence to date, to facilitate a greater degree of judicial intervention than was previously the case.
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- Tags: Czech Charter of Fundamental Rights and Basic Freedoms | Czech Civil Code | Czech Republic | Disciplinary | Dispute Resolution | Governance | Judicial Review | Regulation
- How public law principles balance the power of sports governing bodies
- Judicial review in South Africa – how local courts approach sports disciplinary decisions
Jiri Janak is an attorney-at-law specialising in the fields of sports law, civil and procedure law, and business law. He practices in Prague, Czech Republic for KSD Legal, the award winning sports law firm.