International Sports Law Review Pandektis (ISLR/Pand) VOL. 11: 3-4, 2016
Editor-in-Chief: Professor D P , University of Athens, Advocate, Attorney-at-law, Former Vice Rector of Central Greek University, President of International Association of Sports Law (IASL), Greece
Associate Editor: Professor G A , University of Toulouse, France Professor K Y , Dongguk University of Seoul, South Korea
General Editing Asst. Prof. S O (PhDJur), Lawyer, Asst. Prof., Moscow State Law Academy, Secretary General of International Association of Sports Law (IASL), Russia
Assistant General Editing A P , (LL.M.) CanditadeUniversity of Athens, Advocate, Attorney-at-Law, Greece
Editorial Board Prof. Α A , (Ph.D., LL.B., BL), Sport Sciences University of Venda for Science and Technology, Advocate, Nigeria Prof. P A , Associate Director, National Sports Law Institute Marquette University Law School, USA Prof. B B , (B.A; M.A; LLM; Dip. Juris) Head of School of Business and Economics, Great Britain Prof. S C , Rand Afrikaans University, South Africa Prof. J L C L , University of Malaga, Spain Prof. J N , University of Willamette, USA Prof. A N , (Dr.Jur., Ph.D) Faculty of PE and Sport Sciences Head of Dept. Sport management, Semmelweis University, sport lawyer, Budapest, Hungary Prof. D N , Faculty of Law, University of Novi Sad, Serbia Prof. K. S , Kobe University, Japan Prof. P S , Department of Sport and Movement Studies, University of Johannesburg, South Africa Prof. K V , University of Erlangen-Nürnberg, Germany Prof. A V V , Babeş-Bolyai, University, Lawyer, Cluj-Napoca, Romania Prof. K. W , University of Kyoto, Japan Prof. W X , China University of Political Science and Law Vice Director of China Sports Law Research Center, Beijing Prof. L . K L P Z , University of Oriente, Facultad de Derecho El derecho al deporte, la Constitución y las Normas de ordenación Del deporte en Cuba H X , Assoc.Prof. Shanghai University of Political Science and Law, China. Prof. J T. W , Ithaca College - Sport Management & Media, Ithaca, NY, USA.
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+Prof. J A , University of Tampa, USA
Special Collaborators L A , Associate at Ruiz-Huerta & Crespo Sports Lawyers, Spain. D A , Lecturer, Sports and Recreation, University of Botswana I M. A , PhD, Head of the Theory of state and law chair of Ufa, Law Institute of the Ministry of Internal Aff airs of Russia I A , Advocate, Doctoral candidate at the University of Athens, Scientifi c Assistant, University of Peloponnese, Greece J B , LL.M. Associate Professor, University of Wroclaw (Poland), Lawyer at SPCG Law Firm, admitted to the Bar in Poland J B , Department of Criminology and Economic Crminal Law Faculty of Law, Administration and Economics, University of Wroclaw, Poland T B , Lawyer cum Sport Sociologist, Sri Lanka E B C , (Dr.) Tenured Lecturer of Civil Law Study Group on Sports Law, Revira i Virgili University Tarragona, Spain G B , Course Lecture at Faculty of Law, McGill University, Canada M F P B , Advocate, Brasil G C , Maitre de conferences Habilite a Dinger des Recherches, Universite Lyon 3, Faculte de Droit, France R G , Abogado/LawyerLLM/K, Schiller Abogados, Spain +L C , Prof. a c. Avv. Lecturer in Civil law, Sports law, Law school, University of Milano, Italy M J. M D , Gomez-Acebo & Pombo, Spain A D G , PhD and Law Philosophy Researcher at the University of Teramo, Italy S J G α , Journalist and fellow Universidad Complutense de Madrid, Spain G G , Sport Counsel in Sofi a, Bulgaria Dr. K G , Member of Ankara University Law Faculty, Turkey C G , Lawyer, Socio En GHER & ASOCIADOS, Colombia S. H α , Judge of Appeal, Puerto Rico T K , Assistant Professor Department of Management, John Cook School of Business, Saint Louis University, USA A K , Graduate of law faculty of the Moscow State University named after M.V.Lomonosov, Russia M K , Lecturer (Dr.), The School of Law and Public Administration in Przemyśl, Poland Y K , Chief Secretary Japan Sports Arbitration Agency, Japan J L , LL.D. Senior Lecturer in Law Umea University Department of Law, Sweden I M , LL.M. (Heidelberg), Attorney-at-law, Greece G A D D N , Lawyer, Brazil Y O , Member of the Sports Law Commission, PA “Belarusian Republican Union of Lawyers”, Belarus M -D P , Lawyer, Assistant Professor of Sports law, University of Peloponnese, Greece P P , Sports Management University of Peloponnese, MBA Economic University of Athens, Greece K R , Attorney at Law, Legal Aff airs Team, Korean Olympic Committee Seoul, Korea R S , Lecturer at the University of Toulouse III - PhD student in private law at the University of Toulouse I, France M T , Asst. Professor (Ph.D), Lecturer of Civil Law of the Kharkiv National University of Internal Aff airs, Ukraine V E S , Lawyer, Secretariat of Sport, Argentina A V , President of the Latvian Olympic Committee, Latvia L W , PhD candidate, Bournemouth University, United Kingdom A Z , Lawyer, Tunisia G B O Z , Lawyer, Iusport Bufet Juridico, Mexico ZHANG XIAOSHI, Sports Law Research Center of China University of Political Science and La, China ZHAO JING, Sports Law Research Center of China University of Political Science and La, China
Contributors A E V., PhD (Law) Perm State University, Russia. A -M E , University of Deusto, Researcher at the Inter-University Chair in Law and the Human Genome, University of Deusto and University of the Basque Country UPV/EHU, Bilbao, Spain. G M , Lawyer, Saudi Arabia. G D , Clinical Assistant Professor, Northwestern University School of Law, USA. G A D , Assistant Professor (PhD), University of Teramo, Italy. G A , Lawyer, Greece. K M , City University London Master Programme: Culture, Policy and Management, UK, K A , Panteion University, Department of Economic & Regional Development. L -F F J., Researcher. University of Valencia,Valencia, Spain. P A , Head of Security Department, Russian International Olympic University,Advocate, Ph.D. in Law. M M , M.A student of private law, Electronic Branch, Islamic Azad University, Tehran, Iran. N A , Prof., Lex Sportiva Hungarian Society of Sport slaw, Hungaria. P D P., Professor at the University of Athens Attorney-at-Law, AdvocatePresident of International Association of Sports Law, Greece. P A , Lawyer Cnditate Dr., Law Faculty, University of Athens. P N , Assoc. Professor of Sport Sociology, University of Athens, School of Physical Education and Sport Science, Greece. P -T J L , Professor of Philosophy of Law, Pompeu Fabra University, Barcelona, Spain. P L A., Doctor of Law, Professor, Prorektor for Academic and Educational work of the Kutafi n Moscow State Law University Moscow, Russia. P I V., Doctor of science (Law), Professor of the chair of sports law of the Kutafi n Moscow State Law University, State Professor, Russia. P A I., Ph.D. (Law), Lecturer of the chair of sports law of the Kutafi n Moscow State Law University, Russia. S M Y , Assistant professor of Payamnoor University of Karaj, Alborz, Iran. S O A., Doctor of science (Law), Director of the International Cooperation Offi ce of the Kutafi n Moscow State Law University, Russia. S M F , Italy. S N (Dr.), President of Sports Law committee in NOC. of IR. IRAN, Bord of Director in International Association of Sports Law(IASL), Iran. Y K -Y , Hon. President, The Korean Association of Sports & Entertainment Law/Professor of Law, College of Law Dongguk University in Seoul, Korea. V K , Professor, University of Erlangen-Nuremberg, Institute of Law and Technology, Germany. Z A , Department of Private law and political sciences, science and research branch, Islamic Azad University, Tehran, Iran.
Offi cial Journal of the International Association of Sports Law (IASL), With the co-operation of: Hellenic Center of Research on Sports law (HCRSL), Sports Law Institute of the University of Athens
www.iasl.org
E-mails: [email protected], [email protected] [email protected]
Copyright © International Sports Law Review (ISLR) “Pandektis” Hellenic Center of Research on Sports Law (HCRSL)
International Sports Law Review – Published semi-annually. Publisher: Helenic Center of Reshearch (HSRSL-EKEAD) For subscriptions or more information: 13 Veranzerou Str., GR – 10677 Athens, Greece / Tel.: +30 210 3839440 / Fax: +30 210 3839450 E-mail: [email protected], [email protected], [email protected] Websites: www.iasl.org, www.iasl-journals.com
Subscription price: Individuals: 50€/yr - Institutions: 80€/yr, (handing and postage included) TABLE OF CONTENTS
Special Issues In memory to Unforgettable Colleague + Lucio Colantuoni, who was a Member of IASL from 1995 and IASl’s Board Member from 2000 until 1-1-2016 ...... 242 In Memory of unforgettable + Lucio By: Dimitrios P. Panagiotopoulos ...... 242 Olga Shevchenko ...... 243 Mejud Garoub Speech in the opening ceremony of the 21th IASL Congress (Marrakech 1November, Morocco 2015) ...... 244
I. Articles From the 21th IASL Congress Marrakech 1-2 November, Morocco 2015 Dimitrios P. Panagiotopoulos PERSONAL AND ECONOMIC FREEDOMS AND FIFA REGULATIONS (LEX SPORTIVA) ...... 247 Peskov Anatoly LEGAL REGULATION OF THE FIFA CONFEDERATIONS CUP 2017 AND THE WORLD CUP 2018 (LEGAL AND CRIMINOLOGICAL PROBLEMS) ...... 254 Klaus Vieweg MEDICAL PROBLEMS IN FOOTBALL - RESPONSIBILITY AND MEASURES OF FIFA FROM A LEGAL PERSPECTIVE ...... 264 Kee-Young YEUN THE PROTECTION OF SPORTS FUNDAMENTAL RIGHTS AND LEGISLATION OF THE BASIC SPORTS LAW IN KOREA ...... 274 András Nemes VICTIM MANAGEMENT IN THE HUNGARIAN FOOTBALL SPORT ...... 284 Nader Shokri INTELLECTUAL PROPERTY RIGHTS IN SPORT WITH A VIEW TO FOOTBALL...... 289 239 International Sports Law Review Pandektis (ISLR/Pandektis), Vol. 11: 3-4, 2016
Anna Di Giandomenico MINORS AND DOPING ...... 294 Daniel Gandert A CHANGE IN INTENT: THE 2015 WORLD ANTI-DOPING CODE ...... 307 + Lucio Colantuoni FOOTBALL COACHES IN THE INTERNATIONAL LEGAL PERSPECTIVE FIFA REGULATIONS-TAS/CAS JURISPRUDENCE ...... 319 Larisa A. Petruchak, Olga A. Shevchenko IMPACT OF GLOBALIZATION ON TEACHING INTERNATIONAL SPORTS LAW ...... 324 b. Research Papers Olga A. Shevchenko, Igor V. Ponkin, Alena I. Ponkina LIMITS OF INTERVENTION AND IMMUNITIES OF INTERNATIONAL SPORT: CASE STUDY OF FIFA ISSUE IN 2015 ...... 336 Elena Atienza-Macías, Francisco J. López-Frías, José Luis Pérez-Triviño THE EVOLUTION OF DOPING: FROM THE 1999 LAUSANNE DECLARATION TO THE 2015 NEW WORLD ANTI-DOPING CODE ....345 Mahsa Mokarrami, Mehdi Yousefi Sadeghloo, Ali Zare CIVIL LIABILITY OF ATHLETES AS A RESULT OF VIOLATION OF NORMS IN SPORTS LAW ...... 368 Evgenii V. Aristov THE WELFARE STATE AND SPORT ...... 383 Alexandru Virgil VOICU SOME ARGUMENTS REGARDING THE NECESSITY OF CHANGING THE PARADIGM OF OLYMPIC EDUCATION IN AGREEMENT WITH AN ADEQUATE JURIDICAL PEDAGOGY ...... 388 Maria Francesca Serra THE RELATIONSHIP BETWEEN SPORT AND UNIVERSITY IN ITALIAN SYSTEM ...... 398 Aikaterine Gkonta PENAL AND DISCIPLINARY LIABILITY ENTAILED IN DOPING IN SPORT ACTIVITIES ...... 403
240 International Sports Law Review Pandektis (ISLR/Pandektis), Vol. 11: 3-4, 2016
Igor V. Ponkin, Alena I. Ponkina PUBLIC FINANCIAL SUPPORT OF PROFESSIONAL SPORT ...... 412 Karagianni Maria, Karabekou Amalia FENCING: THE OLYMPIC SPORT THROUGH ART. THEORETICAL APPROACHES ...... 421
II. Jurisprudence - Case law A. Court of Arbitration for Sport CAS 2015/A/3875 Football Association of Serbia v. UEFA ...... 429
III. NEWS A. IASL News ...... 449 I. IASL Congresses ...... 451 II. Scientifi c events ...... 452 B. EKEAD News...... 453
IV. Book Review ...... 454
V. INDEX Bibliography of Sports Law a. SPORTS LAW, 22 Years I.A.S.L ...... 456 b. International Sports Law Review Pandektis ...... 460 c. e-Lex Sportiva Journal ...... 462
241 International Sports Law Review Pandektis (ISLR/Pandektis), Vol. 11: 3-4, 2016
In memory to Unforgettable Colleague + Lucio Colantuoni, who was a Member of IASL from 1994 and IASl’s Board Member from 2004 until 7-1-2016
It is with great sadness that the IASL has learned of the tragic death of Prof. Avv. Lucio Colantuoni on 7 January 2016. Lucio Colantuoni was a Professor at the Law Faculty of the Milan University, Director of the Sports Law Research Center (Italy), Attorney at Law and Arbitrator at the Court of Arbitration for Sport. He was a member of the IASLsinse 1994 and member of Board of Directors since 2004. Lucio Colantuoni was an outstanding sports lawyer and a friend to all of us who knew him. Our thoughts are with his family. He will be greatly missed. For the International Sports Law Association.
The President of IASL Dimitrios P. Panagiotopoulos Professor at the University of Athens
242 International Sports Law Review Pandektis (ISLR/Pandektis), Vol. 11: 3-4, 2016
In Memory of unforgettable + Lucio By: Olga Shevchenko Secretary General of IASL Words can’t be helpful in expression of how sorrow were all we to get to know of this tragically loss occurred of our undoubtedly professional colleague, loyal friend, dear son, husband and father - Lucio this year. Lucio will always be kept in our hearts as an example to be followed. He commenced a huge work on Sports Law development in the sphere of Jurisprudence in Italy and extended it among all Sports lawyers around the World. He shared his knowledge with all who asked, he did his best to those, who needed it from him. Most of us have known him as an arbitrator and mediator of the Court of Arbitration for Sport (Lausanne) and his achievements in the fi eld couldn’t be underestimated. He was in the very beginning and in the very intention of launching the brand- new International Sports Law LLM in cooperation with the most experienced Universities in Europe including Kutafi n University. He is an author of numerous academic researches, textbooks, articles, including Sports Law textbook for Master students made for Russian Universities. We are grateful to all what he’s done for us and our followers and our goal is to continue his work and to share our memory of him and of his work. July, 2016
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