Pursuant to Kelsen’s famous pyramid, the authority of norms may be
ranked according to their sources: Constitution is above the Law, which is in
turn superior to the Regulations, which themselves stand higher to the
Collective Agreement etc…Under French labour law, this ranking can however be
challenged by a “principle of favourable treatment” which allows a norm from a
lower rank to validly derogate from a superior norm, if (and only if) this
derogation benefits to the workers.
April 2014, the Cour de Cassation (the French Highest Civil Court) considered that
these principles apply in all fields of labour law, regardless of the
specificity of sport. In this case, Mr. Orene Ai’i, a professional
rugby player, had signed on 13 July 2007
an employment contract with the Rugby Club Toulonnais (RCT) for two sport
seasons with effect on 1 July 2007. More...
The Olympic Games are a universal moment of celebration of sporting excellence. But, attention is also quickly drawn
to their dark side, such as environmental issues, human rights
breaches and poor living conditions of people living near the Olympic sites. In
comparison, however, little commentary space is devoted to the views of
athletes, the people making the Olympics. This article
tries to remediate this, by focussing on Rule 50 of the Olympic Charter which prevents
athletes from freely expressing their (political) thoughts. More...
On March 27, 2014, a Brazilian
court ruling authorized the
Football Players’ Union in the State of Sao Paulo
to tap funds generated by TV rights agreements destined to a Brazilian Club,
Comercial Futebol Clube (hereinafter “Comercial”). The Court came to this
decision after Comercial did not comply with its obligation to pay players’ salaries. It is a peculiar
decision when taking into account the global problem of clubs overspending and
not complying with their financial obligations. Furthermore, it could create a precedent for
future cases regarding default by professional sporting clubs.
Nearly twenty years after the European Court of
Justice declared in the Bosman case that all professional athletes
within the EU were given the right to a free transfer at the end of their contracts,
the Spanish Tribunal Supremo
provided a judgment on 26 March 2014 that will heighten
a new debate on the rights of professional athletes once their contract expires.