Editor's note: This report compiles all relevant news, events and materials on International and European Sports Law based on the daily coverage provided on our twitter feed @Sportslaw_asser. You are invited to complete this survey via the comments section below, feel free to add links to important cases, documents and articles we might have overlooked.

The Headlines

FIFA and FIFPro sign landmark agreement

A six-year cooperation agreement concluded between FIFA and FIFPro on 6 November 2017 puts an end to protracted negotiations which began after the latter had filed in September 2015 a complaint with the European Commission, challenging the validity of the FIFA transfer system under EU competition law. This agreement, together with an accord reached between FIFA, FIFPro, the European Club Association, and the World Leagues Forum under the umbrella of the FIFA Football Stakeholders Committee, should help streamline dispute resolution between players and clubs, avoid abusive practices in the world of football, or contribute to the growth of professional women's football. In addition, the FIFA Football Stakeholders Committee is now expected to establish a task force to study and conduct a broader review of the transfer system. As part of the deal, FIFPro agreed to withdraw its EU competition law complaint.

FIFA strengthens its human rights commitment amid reports of journalists getting arrested in Russia

It is fair to say that human rights have been at the forefront of FIFA's agenda in 2017. Following the establishment of the Human Rights Advisory Board in March and the adoption of the Human Rights Policy in June this year, in November FIFA published the bidding regulations for the 2026 World Cup. Under these new regulations, member associations bidding to host the final tournament shall, inter alia, commit themselves to respecting all internationally recognised human rights in line with the United Nations Guiding Principles on Business and Human Rights or present a human rights strategy on how they intend to honour this commitment. Importantly, the human rights strategy must include a comprehensive report that is to be complemented and informed by a study elaborated by an independent expert organisation. Moreover, on 9 November 2017, the Human Rights Advisory Board published its first report in which it outlined several recommendations for FIFA on how to further strengthen its efforts to ensure respect for human rights.

While all these attempts to enhance human rights protection are no doubt praiseworthy, they have not yet produced the desired effect as reports of gross human rights abuses linked to FIFA's activities continue to emerge. Most recently, Human Rights Watch documented how Russian police arrested a newspaper editor and a human rights defender whose work focused on exposing World Cup-related corruption and exploitation of migrant construction workers. On a more positive note, a bit of hope comes with the announcement by a diverse coalition, including FIFA, UEFA, and the International Olympic Committee, of its intention to launch a new independent Centre for Sport and Human Rights in 2018.

More than 20 Russian athletes sanctioned by the Oswald Commission for anti-doping rule violations at the Sochi Games   

November has been a busy month for the International Olympic Committee, especially for its Oswald Commission. Established in July 2016 after the first part of the McLaren Independent Investigation Report had been published, the Oswald Commission is tasked with investigating the alleged doping violations by Russian athletes at the 2014 Winter Olympic Games in Sochi. Its first sanctions were handed down last month. As of 30 November 2017, the Commission chaired by the IOC Member Denis Oswald sanctioned 22 athletes (see here, here, here, here, here, and here) who competed at the Sochi Olympics in the following sports: biathlon, bobsleigh, cross country skiing, skeleton, and speed skating. The Commission published its first full decision on 27 November 2017 in the case against the cross country skier Alexander Legkov, a gold and silver medallist from the Sochi Olympics, who was ultimately banned for life from attending another Olympics.

Sports Law Related Decisions

• CAS – Award delivered in the arbitration between Danis Zaripov and the International Ice Hockey Federation
• IOC – Decision of the Disciplinary Commission in the proceedings against Alexander Legkov
• Swiss Federal Tribunal – Judgment in the case between Michel Platini and FIFA (translated to English)

Official Documents and Press Releases

• Amnesty International – FIFA under pressure over handling of World Cup construction abuse
• CAS – CAS cancels two fines imposed on the Mexican Football Federation and imposes warnings in their place
• CAS – CAS rejects an application for urgent provisional measures filed by Adrien Silva
• CAS – CAS upholds the appeal of football club Real Garcilaso; decision of the Peruvian Football Federation reversed
• FIFA – Adjudicatory Chamber of the independent Ethics Committee bans former football officials
• FIFA – Circular no. 1600 re participation of clubs in the benefits of the 2018 FIFA World Cup Russia
• FIFA – Circular no. 1601 re professional female players in the international transfer matching system
• FIFA – FIFA and FIFPro sign landmark agreement and announce measures to enhance professional football
• FIFA – First report of the FIFA Human Rights Advisory Board
• FIFA – Guide to the bidding process for the 2026 FIFA World Cup
• FIFPro – Player unions create sexual abuse protocols
• FIFPro – Turkish football tribunal questioned
• Human Rights Watch – Russian human rights defender faces police in court
• IOC – IOC President highlights athletes' exemplary role as the UN General Assembly adopts Olympic Truce for Pyeongchang 2018 by consensus
• IOC – IOC sanctions Russian athletes Anna Nazarova and Yulia Gushchina for failing anti-doping tests at London 2012
• IOC – Oswald Commission findings with regard to Russian athletes:
• Aleksandr Kas'yanov, Aleksei Pushkarev, and Iivir Khuzin
• Alexander Legkov and Evgeniy Belov

• Olga Stulneva, Aleksandr Zubkov, Olga Fatkulina, and Aleksander Rumyantsev
• Sergei Chudino, Aleksei Negodailo, Dmitrii Trunenkov, Yana Romanova, and Olga Vilukhina
• Yuliia Ivanova, Alexey Petukhov, Evgeniya Shapovalova, and Maksim Vylegzhanin
• IOC – Statement on IOC member Frank Fredericks
• United Nations General Assembly – Draft resolution on building a peaceful and better world through sport and the Olympic ideal
• WADA – Compliance Review Committee update
• WADA – Foundation Board takes important decisions that will significantly strengthen the Agency and the future of clean sport
• WADA – WADA in possession of new intelligence from Moscow Laboratory
• WADA – WADA suspends accreditation of Paris Laboratory
• WADA – WADA welcomes the IOC Oswald Commission’s first sanctions against Russian athletes identified via the Agency’s McLaren Investigation

In the news

Doping

• Rachel Axon How will World Anti-Doping Agency decision on Russia impact International Olympic Committee?
• Andy Brown Russian investigation denies WADA evidence and State doping
• Nick Butler WADA obtain key database proving Russian doping before Sochi 2014
• Govorit Moskva The honorary president of Russia’s Olympic Committee says the whistleblower who exposed Moscow’s doping program ‘should be shot, like Stalin would have done’
• Duncan Mackay South African golfer banned after failing drugs test
• Associated Press FIFA suspend Peru striker Guerrero for failing doping test
• Canadian Press Canadian powerlifter Niko Somos gets two-year sanction for anti-doping violation
• Loretta Race Austrian champion Sebastian Steffan handed 12-month doping ban
• Rebecca R. Ruiz Olympic doping diaries: Chemist's notes bolster case against Russia 

Football

• BBC News FIFA insists Isha Johansen is still Sierra Leone FA President
• BBC News Paradise Papers: Who is in control of Everton?
• David Conn FIFA urged to press Qatar on conditions for World Cup stadium workers
• David Conn How the FBI won ‘the World Cup of fraud’ as FIFA scandal arrives in court
• Simon Griver Match not over as West Bank football claim moves to court
• Josimar Interview with Miguel Maduro, former chair of FIFA’s Governance Committee
• Martha Kelner Gay fans warned holding hands at Russia World Cup will be dangerous
• Lombardi Associates The Court of Arbitration for Sport rejects Genoa CFC’s appeal against FIFA decision
• Tariq Panja As sponsors shy away, FIFA faces World Cup shortfall
• Keir Radnedge Warner secures new delay in fight against FIFAGate extradition to United States
• Barney Ronay FIFA’s World Cup debacle is not just about money – there is horror and death too
• Rebecca R. Ruiz FIFA trial: Notable moments from first four days
• Sui-Lee Wee, Ryan McMorrow and Tariq Panja China’s soccer push puts a storied team under murky ownership
• Minky Worden Time for FIFA to act on human rights

Other

• Katie Gainer 2018 Winter Olympics tickets sales could set historic low
• Tariq Panja Powerful Sheikh linked to sports corruption case resurfaces in Prague
• Reuters EU set to rule in favour of speed skaters over ISU ban threat

Academic Materials

• Leonardo de Oliveira Lex Sportiva as the Contractual Governing Law

Blogs

Asser International Sports Law Blog

•  Oytun Azkanar Illegally Obtained Evidence in Match-Fixing Cases: The Turkish Perspective

• Report from the first ISLJ Annual International Sports Law Conference – 26-27 October at the T.M.C. Asser Institute

Law in Sport

• Sarah Bruce Is bridge a sport for VAT purposes? The ECJ's decision in English Bridge Union v. HMRC
• Richard Cooke The lifecycle of an international athlete: Part 9 – Key tips on renovating or building a home
• Hamish Corner The lifecycle of an international athlete: Part 10 – Negotiating sponsorship & endorsements deals
• Ani Ghazikhanian Cycling, doping & the importance of due process: A review of the Karl Murray case
• Mathilde Groppo Defamation in sport: A comparison of the law in France, England and Australia
• Joseph Richmond Financial Fair Play: How clubs justify spending & related party transactions

Others

• Declan Hill FIFA trial: It is a mob affair

Upcoming Events

• 3-4 July 2018 – 13^th Sport & EU Annual Conference, Edge Hill University, England

After the success of this year’s World Cup in Brazil, FIFA President Sepp Blatter can start concentrating on his Presidential campaign for next June’s FIFA elections. Even though the 78-year old Swiss is not officially a candidate yet, he is still very popular in large parts of the world, and therefore the favourite to win the race. Nonetheless, even for the highly experienced Mr. Blatter these elections will be different. All candidates will have to respect the newly introduced Electoral Regulations for the FIFA Presidency. 

The Electoral Regulations are the latest addition to the reform process FIFA initiated more than two years ago following the controversial awarding of the 2018 and 2022 World Cups to Russia and Qatar. The stated aim of the Regulation is to make the elections more transparent, democratic and to prevent possible corruption accusations.[1] Its legal basis is found in Article 24(4) of the 2013 FIFA Statutes and reads as follows:

“The conditions to be observed during a candidature for the office of President are stipulated in the Electoral Regulations for the FIFA Presidency. These regulations shall be issued by the Executive Committee.”

Earlier editions of the FIFA Statutes did not include a reference to electoral regulations. In comparing the 2013 Statutes with the 2010 Statutes used for the previous elections one can witness the extent of this dramatic change. Pursuant to Article 24 of the 2010 edition, “only the Members[2] may propose candidatures for the office of FIFA President. Members shall notify the FIFA general secretariat in writing in the name of a candidate for the FIFA presidency at least two months before the date of the Congress.” Furthermore, “the general secretariat shall notify the Members of the names of proposed candidates at least one month before the date of the Congress.” Other criteria regarding the eligibility of candidates were not included.

The first fundamental change to take place at the 2015 election will be the setting up of an Ad-hoc electoral Committee pursuant to Article 7(1) Electoral Regulations. The Ad-hoc Electoral Committee shall be composed of the chairman of the FIFA Disciplinary Committee, the chairman of the FIFA Appeal Committee and the chairman of the FIFA Audit and Compliance Committee[3] and shall assess whether a candidate meets the profile specifications provided for by the eligibility criteria stipulated in Article 13 of the Electoral Regulations and Article 24 of the FIFA Statutes.[4]

The second fundamental change is that, in accordance with article 13(1), Candidates for the office of President must meet the following requirements:

1. The candidate shall have played an active role in association football (as a board member, committee member, referee and assistant referee, coach, trainer and any other person responsible for technical, medical or administrative matters in FIFA, a Confederation, Association, League or Club or as a player) for two of the last five years before being proposed as a candidate (cf. art. 24 par. 1 of the FIFA Statutes).

2. The candidate shall have been proposed by a member association in accordance with art. 24 par. 1 of the FIFA Statutes.

3.  The candidate shall present declarations of support from at least five member associations (cf. art. 24 par. 1 of the FIFA Statutes). Being proposed as a candidate by a member association shall be understood as a declaration of support. Each member may only present a declaration of support for one person. If a member association presents declarations of support for more than one person, all its declarations shall become invalid.

The flowchart below summarises the key procedural steps set out in the Electoral Regulations:

Has the Presidential campaign already begun?

The Presidential campaign has already started due to the fact that one person has declared himself a candidate. This person is neither Mr. Blatter nor “Europe’s favourite” Michel Platini, but former FIFA official Jérôme Champagne. Mr. Champagne, who is personally funding his own campaign, has stated that he has received the support of at least five Member Associations and that the FIFA general secretariat has been notified of his candidature. Details on which Member Associations support the Frenchman remain undisclosed.

During the last FIFA Congress that took place in Sao Paulo in June this year, the Ad-Hoc Electoral Committee was also set up consisting of Mr. Domenico Scala (ltaly), chairman of the FIFA Audit and Compliance Committee, Mr. Claudio Sulser (Switzerland), chairman of the FIFA Disciplinary Committee, and Mr. Larry Mussenden (Bermuda), chairman of the FIFA Appeal Committee. The next step would be for the Ad-hoc Electoral Committee to forward the proposed candidature of Jérôme Champagne to the Ethics Committee pursuant Article 15(10) of the Electoral Regulations.

As stated above, Sepp Blatter is not yet a candidate, but it is expected that he will run for a fifth consecutive term in office. Interestingly enough, in accordance with Article 2(2) of the Electoral Regulations, “if a person engages in campaign or similar activities that give the appearance that he is a candidate, the Ad-hoc Electoral Committee or, if the Ad-hoc Electoral Committee has not yet been constituted, the FIFA Secretary general, shall give him a deadline of ten days to formally state his intention of becoming a candidate. This shall also apply for the incumbent FIFA President. Blatter hinted several times this year that he is thinking about running for President again. Nonetheless, it appears that the rule stipulated in Article 2(2) has not been applied to him (yet). With regard to the possible third candidate, Michel Platini has said that he is considering becoming a candidate and promised to make a decision by the draw for the Champions League on 28 August. 

Could the new Election Regulations jeopardise Mr. Blatter’s possible re-election ambitions?

Given that Blatter still enjoys widespread support in the “football family”, he should have no problem securing the declarations of support from five different Members. As regards the integrity check, it is worth noting that Sepp Blatter has never been personally accused of corruption. True, there has been a lot of controversies at FIFA under his watch (Qatar2022 is the latest and most acute one) and questions can be raised whether an 80-year old is the ideal candidate to run one of the world’s most important Sporting Governing Bodies for the next four years.  

Conclusion

Whether the new Election Regulations will make next year’s election more transparent and democratic will mostly depend on how they will be applied during the unfolding campaign and elections. Will Blatter’s double game as a candidate and FIFA President be closely scrutinized? On what basis and to which extent will the Ethics Committee review the candidatures? Even if the electoral regulations appear to have some teeth in practice, further reforms will still be necessary to improve FIFA’s legitimacy. One can, and Jérôme Champagne has in fact suggested it, imagine public debates between the candidates to be broadcasted worldwide. Furthermore, one should envisage that the vote must be held publically and that the number of terms as FIFA president must be restricted. There is a lot to do before FIFA could be considered, as far as it is even possible, a “democratic” organisation, but the sheer fact of having electoral regulations is already a step in the right direction.

P.S. At the beginning of July Jérôme Champagne visited the Asser institute and presented his program for the upcoming FIFA Presidential elections 2015. The video is available at:

[1] http://www.insideworldfootball.com/fifa/15040-fifa-lays-out-rules-of-engagement-in-the-battle-for-the-presidency.

[2] Member: an Association which is responsible for organising and supervising football in all of its forms in its Country that has been admitted into membership of FIFA by the Congress.

[3] Electoral Regulations for the FIFA Presidency, Article 7(2)

[4] Electoral Regulations for the FIFA Presidency, Article 8(1)d)