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- Title
JUDICIALISING SPORTS IN ROMANIA.
- Authors
Voicu, Ajexandru Virgil; Voicu, Iosif Bogdan
- Abstract
Sports and physical education activities are considered to be a notable social phenomenon. As it is known, not all social phenomena are also juridical ones, but in our society sports law can co-exist with other legal fields and it is already an integral part of the legal science seen a specific area of education and research. Here are the arguments to support our view: the criterion that compels us to consider this notable social phenomenon as juridical is its juridicity itself, visibly reflected by the legal provisions. We know that sports law is applicable to three areas as follows: the area of state order, the "sports field" area and the area of national and international sports structures and organizations; the validity of the legal norms, their specificity, is not exclusively determined by the formal criterion of their being the expression of an accepted law source, but the result of three elements combined: the formal element, plus effectiveness and legitimacy. Thus , the formal validity of the juridical norm leads to a presumption of legitimacy and effectiveness that plays an essential part in the non achieving the proposed effects. Sports conflict resolution in Romania - both of those that violate the rules of common law, the norms of the sports ground» and standards developed by national and international structures and sports organizations - begins to be object of special concerns of lawyers, whether they are lawyers and I or mediators. A challenge in this respect is the recognition of the fact that sports ha established itself as a branch of law and sub-branch of law and sports- a fact reinforced by the U policy on sport. Thus, the courts, the disciplinary committee of the federations are obliged to harmonize their regulations in line with what the ports White Paper requires entered into force on I December 2009. The Ethics Commission of the Romanian Olympic Committee and the National Sports Committee, in turn, will have to modify the statute and procedures in line with current provisions of the International Council of Arbitration in Sport (I CAS) and the Court of Arbitration of Sport (CAS) in Lausan.
- Subjects
ROMANIA; SPORTS law; SPORTS &; state; SPORTS lawyers; ATHLETIC associations; COMMON law; STATUTES; COURT of Arbitration for Sport; ROMANIAN Olympic Committee
- Publication
International Sports Law Review Pandektis, 2010, Vol 8, Issue 3/4, p319
- ISSN
1109-3943
- Publication type
Article