v anglickém jazyce (abstract in English) This thesis discusses the very topical issue of the status of professional athletes. The answer to the question whether the exercise of a professional sporting activity falls within the definition of dependent work in accordance with the Labor Code is currently still unresolved. Although there are strong arguments in favor of the subordination of at least part of the legal relations in professional sports under the labor legislation, the current situation is exactly the opposite. The vast majority of athletes today carry out their activities as self-employed persons. In this respect, the practice in the Czech Republic differs from the majority of other, not only European, countries where athletes normally have the status of an employee and possess the corresponding rights. This practice was recently explicitly allowed by the Supreme Administrative Court, stating that despite all the similarities, such activity is so specific that it defies the notion of dependent work. Czech law does not currently include any regulation of this issue, whilst it is evident that the current wording of the Labor Code is in fact inapplicable to the specific relationships in professional sports. It is therefore no wonder that the Czech sport clubs take advantage of the option not...

1 ABSTRACT The Effect of International Non-governmental Organizations on the Creation of International Sport Regulation Key words: international sports law, international non-governmental organization, lex sportiva The thesis researches international non-governmental organisations in the area of sport, their legislation and influence on international sports regulation and concerns also with the question of international sport law. It consists of four main chapters. In the first part, the relationship between state and law is analysed as well as the existence of the sports law itself. The chapter deals also with the specifics of sports rules and content concepts of sports law. The majority of rules in the sport sector is formed by the regulation which is not source of law in the formal sense. The second chapter defines the concept of an international non-governmental organization and tries to submit a definition with regard to diverse activities exercised by these entities standing on the border of private and public law. The third chapter aims to describe the organizational structure of sport as well as regulatory mechanisms. First, the International Olympic Committee is analysed from which the organization of sport unfolds followed by other stakeholders of the Olympic Movement: National Olympic Committees...

Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2016-12-06T18:29:45Z No. of bitstreams: 1 Caroline Nogueira Accioly.pdf: 971449 bytes, checksum: 04a0d128f16d9a48cacb57e859d5322c (MD5) / Made available in DSpace on 2016-12-06T18:29:45Z (GMT). No. of bitstreams: 1 Caroline Nogueira Accioly.pdf: 971449 bytes, checksum: 04a0d128f16d9a48cacb57e859d5322c (MD5) Previous issue date: 2016-11-23 / Conselho Nacional de Desenvolvimento Científico e Tecnológico / After the 1988 Constitution sports received a more prominent place in our society, through its inclusion as a chapter in our Lex Mater. This innovation created the backbone of our sports system: the principle of autonomy of sport. The purpose of this study is to characterize, understand and delimit it so that its applicability is neither overlooked or enlarged, providing the necessary protection to the Sports Law and for its continued development in our country / Após a Constituição de 1988 o esporte obteve lugar de maior destaque em nossa sociedade, através de sua inserção na Carta Magna na forma de um capítulo. Essa inovação trouxe consigo aquele que representa a mola central de todo o sistema desportivo pátrio: o principio da autonomia desportiva. O objetivo deste trabalho é caracterizá-lo, entendê-lo e delimitá-lo para que sua aplicabilidade não seja menosprezada nem alargada, fornecendo ao Direito Desportivo a proteção de que este necessita para seu contínuo desenvolvimento em nosso país

This paper explores the monopsonistic implications of restricting bargaining power through the rookie draft and the concept of countervailing forces. It examines both the legal framework and the empirical outcomes of the court’s policy choices. This paper accomplishes this inquiry by exploiting the fact that players drafted late in the last round tend to be similar to players selected as undrafted free agents in expectation. This allows a natural experiment on the impact of the draft. In order to measure the impact of the draft, this paper examines career outcomes both in terms of compensation and length. I ultimately find little evidence that the draft creates monopsony power, and I provide some evidence suggesting that monopsony power impacts all rookies, as one would expect from an insider-outsider model.

Criminal liability for sports injuries The master thesis inquires into issues in respect of criminal responsibility for sports- related injuries. The author focuses on historical development of responsibility for sports injuries in the initial stage of the paper, as well as on general delimitation of sports and its segmentation. The goal of the following chapter is to present an interconnection between sports and law, particularly to illustrate relation between sports and criminal law on several diverse approaches of legal doctrine. The subsequent part of the paper analyses the topic of criminal responsibility of an athlete for injuries inflicted to another athlete from the perspective of legislation, sports-legal doctrine and practice of the court. The emphasis is placed on individual requirements for criminal responsibility, elements of crime and a listing of specific crimes relevant for the field in question. The crucial part of the paper rests in application of the particular circumstances excluding criminal responsibility in the field of sports injuries in the context of the legal doctrines, which appear during historical development. The author addresses specific legal doctrinal theories and endeavours to reflect the ascertained findings in the Czech criminal law. The thesis does not omit...

M.Phil. / South Africa’s re-admission into international sport has contributed to the increase in the number of participants in sport in the country. Government also aims to promote and deliver programmes to develop sport at all levels of participation. The bodies responsible for these programmes are also responsible for policy development in sport on national and local level but not for the development of policies in sport at secondary school level. It is the responsibility of the Department of Education and related bodies for sport at school level such as USSASA. Sport participation at secondary school level could lead to potential injuries or permanent disabilities. The South African Constitution (Act 108 of 1996) does not focus on the management of sport or risks within school sport as it does not deal with specific issues or social activities but only provides a broad framework regulating all social activities including sport. Safety in school sport becomes part of risk management and not enough emphasis is placed on minimising the risks of injuries and law suits against the management of schools or sport managers, coaches or administrators. The problem is thus to identify and assess current practices that are related to the management of school sport in order to recommend guidelines for policy, procedures and practices for risk management in sport at secondary schools in Gauteng. Out of a population of 450 secondary schools, a sample of n=170 schools were drawn. Only 37 questionnaires were returned, but the results obtained still provided meaningful insights with regard to the management of risks in sport. In evaluating current risks management practises through descriptive statistical methods the conclusion could be reached that in general sport managers are aware of the legal responsibility towards participants in sport and that there is a perceived need to enhance certain legal liability aspects at secondary schools. / Prof. C. Singh

This diploma thesis aims to describe and examine the legal framework of the anti-doping system, which is a phenomenon of top-level sport, i.e. the rules controlling institutions, legal rules, arbitration procedure etc. At the beginning of the thesis, the author would like to describe to its readers the history and the origin of the term "doping" as itself and how it developed both in the modern sport history and also as a term important for arbitral proceedings. Next chapter is related to the system of the testing, starting with a preventive control ad testing related to it. Numerous chapters present together an extensive overview of the anti- doping program, the legal system related to it and its debated issues with connections to several legal branches. After the testing proves a positive finding, the sportsmen face a serious risk of being punished (if some of the exception do not apply) because of the strict liability. Since this kind of liability might seem harsh for many, the author presents to readers both the opinions in favor of this system and against its use. The anti-doping system and its rules, the World Anti- Doping Code, changes continuously, therefore author decided to also stress out the most important changes which were brought with the last amendment of the Code, which is effective...

The subject of this dissertation thesis is dispute resolution in the international sports law. A crucial is to focus primarily on resolution of disputes through international arbitration and its preceding internal dispute resolution mechanisms within sports organizations. First of all it is necessary to provide a definition of sports disputes with an international element. After that it is necessary to deal with internal mechanisms for resolving sports disputes, which are closely linked to the issue of law on associations. With regard to the location of the seat of most major international sports organizations in Switzerland and with regard to the country of origin of this dissertation thesis the subject matter is viewed especially through the lens of the Swiss and the Czech law. Crucial role in resolving of disputes in international sport plays a Swiss Court of Arbitration for Sport in Lausanne, which corresponds to an extent of this part of thesis. Finally, it also should not be omitted judicial and alternative resolution of disputes in sport, although in practice it does not reach significance of internal and arbitrational resolution of disputes. To enliven the thesis, the final chapter is devoted to resolving of disputes during the last two Olympics.

A presente tese de doutorado tem por objetivo principal o estudo dos aspectos jurídicos do agente esportivo, mais precisamente do agente que cuida da carreira dos jogadores de futebol, denominado Agente FIFA, e suas relações com o direito civil brasileiro. A FIFA, que é a Federação Internacional competente, estabeleceu um regulamento oficial sobre a atividade dos agentes de jogadores, obrigando cada filiada a estabelecer um regulamento próprio, levando o seu em consideração, bem como a legislação nacional e os tratados internacionais. Com base nesse emaranhado de normas internacionais, leis, resoluções e cláusulas, pretende-se analisar a relação jurídica do Agente FIFA com o seu principal cliente, o atleta profissional de futebol, nos seus mais variados aspectos. Inicialmente o trabalho define quem é esse agente, passando pelo histórico da atividade, as principais funções exercidas no passado e no presente. Depois são analisadas as normas, leis e os principais projetos em tramitação, tanto nacionais como internacionais. Em seguida são analisadas as características e as diversas possibilidades de enquadramento legal da relação entre o agente e o atleta à luz de nossa legislação civilista (Contrato de Agência, Mandato, Corretagem, Prestação de Serviços, aplicação do Código de Defesa do Consumidor), a relação com a profissão de advogado para, ao final, classificá-lo concluindo sobre a sua natureza jurídica. Antes das considerações finais, também são analisadas, sucintamente e a título de comparação, as normas aplicáveis em alguns países como Portugal, Itália e Estados Unidos, sendo que no tocante a este último, também se analisam outras modalidades esportivas. / The main objective of this doctoral thesis is to study the legal aspects of the sports agent and the way they relate with the Brazilian Civil Law, focusing on the agent that takes care of a soccer players career, who is called FIFA Player Agent. FIFA, which is the International Federation with jurisdiction over soccer, enacted an official ruling regarding the activities performed by a soccer player agent, requiring each member to establish a regulation itself, bringing your account, as well as national legislation and international treaties. Based on this complex set of international laws, rules, acts, resolutions and clauses, we intend to review the juridical relationship between the FIFA Player Agent and its main client, the professional soccer player, in various aspects. Initially, this work will define who this agent is, by approaching the historic background of this activity, the main activities performed in the past to date. Then the rules, laws, and the main bills in procedural progress, nationally and internationally, will be dully analyzed. After that, we will assess the characteristics and various possibilities of legal classification of the relationship between the agent and the athlete, under the civil legislation (Agency Agreement, Power of Attorney, Services Agreement, Brokerage, applicability of the Brazilian Consumer Code), and the interaction with the legal attorney job so that, at the end, we can properly classify the agent in accordance with the appropriate legal nature of the activities performed. Before the final considerations, we will also briefly analyze, only for the purposes of establishing a comparative study, the rules applicable in some countries such as Portugal, Italy and United States of America. With regard to the US rules, we will also review some other different sports.

Submitted by Marlene Aparecida de Souza Cardozo (mcardozo@pucsp.br) on 2016-11-22T12:23:24Z No. of bitstreams: 1 José Tadeu Rodrigues Penteado.pdf: 657434 bytes, checksum: 4b784cf891b439dfacb4862ebe15c78f (MD5) / Made available in DSpace on 2016-11-22T12:23:24Z (GMT). No. of bitstreams: 1 José Tadeu Rodrigues Penteado.pdf: 657434 bytes, checksum: 4b784cf891b439dfacb4862ebe15c78f (MD5) Previous issue date: 2016-10-07 / Conselho Nacional de Desenvolvimento Científico e Tecnológico / Sport as a phenomenon born of the individual social relations developed internationally, making the borders of countries permeable and it’s rules before organized for practice games while play, leisure, fun and competition improved structurally with the evolution of societies and were organized in a peculiar manner, as an autonomous branch of law. The development of the sport as structurally organized right occurred in Brazil with the 1988 Constitution, which states the sports law in the category of sport and leisure and social rights of citizens through formal and non-formal practices, which the state must provide. The sport education provided in the 1988 Constitution as a priority, including having allocation of public funds, had formulated, in non-compliance with the constitution, the concept by Law No. 9615, of 03/24/1998, which despite being in tune with the Statute of Children and Adolescents (L. 8069/1990), had yet failed to successfully integrate sport into child and adolescent education, with use ethical and moral values. Through the affirmation of sport education as a social right, in addition to the analysis of satisfactory experiences that educational sport produced under state sponsorship after 1988, this study seeks to identify the balance between professional and social sports, with the goal of sport education permitting full development of the individual and their upbringing into a fulfilling experience of citizenship and the practice of leisure / O desporto enquanto fenômeno nascido das relações sociais dos indivíduos e desenvolveu-se internacionalmente relativizando as fronteiras dos países, e suas regras que antes organizavam pratica dos jogos, enquanto brincadeira, lazer, diversão e competição, evoluíram estruturalmente com a evolução das sociedades e se organizaram de forma peculiar, como um ramo autônomo do direito. A evolução do desporto como direito estruturalmente organizado a partir de bases constitucionais, ocorreu no Brasil com a Carta Magna de 1988, que afirma o direito desportivo na dimensão de esporte e lazer, como direitos sociais dos cidadãos através de práticas formais e não formais que estado deve propiciar. O desporto educacional previsto no texto constitucional de 1988 com prioridade, inclusive para destinação prioritária de recursos públicos, teve conceituação formulada no plano infraconstitucional pela Lei nº 9.615, de 24.3.1998, que apesar de estarem em sintonia com o Estatuto da Criança e do Adolescente (L. 8.069/1990), ainda não conseguiram aliar com sucesso a pratica desportiva na educação de crianças e adolescentes, para aproveitamento dos valores éticos e morais. Através afirmação do desporto educacional enquanto direito social e a análise das experiências de sucesso que o desporto educacional obteve sob patrocínio do Estado a partir de 1988, este estudo busca apontar o ponto de equilíbrio entre o esporte profissional e social, a fim de que o desporto educacional possa propiciar o desenvolvimento integral do indivíduo e a sua formação para o exercício da cidadania e a prática do lazer