The rules of the International Olympic Committee and law

Transcription

1 The rules of the International Olympic Committee and law /F/ by Mr. Luc Silance INTRODUCTION * According to Greek mythology, Heracles would have created the Olympic Games and set them under the "sacred law of Olympian Zeus". These first rules governing the Games are, in our thesis, the first manifestation of law in Olympic sport. One may remember that, in ancient Greece too., the Olympic truce, strictly adhered to by all cities, was a political agreement, a real convention between the small Hellenic states. Since they were the only ones allowed to participate in the Games at Olympia, this truce is the first manifestation of Greek unity. It could be compared to a "constitution". In any case, it must be considered as a rule of law. * Before discussing any subject, it is advisable to give a provisional definition of the words used, in order to avoid misconception; but they will be completed or changed later on. The Sport Law can be defined as the whole set of laws governing the sporting activity either in a country or in the world. It is also necessary to define the meaning of rule of law and of sport. We can define these two concepts as follows: - Rule of Law: The expression of willingness that a certain social act will be followed by a certain social effect, the person expressing this willingness being competent to do so. (Roguin, la Science juridique pure T.I., p. 102; Foriers, Règle de droit, Essai d'une problématique, Journal des tribunaux 1968, p. 125). - Sport: All the games and physical exercises practised by individuals or by groups, for entertainment, for developing their bodies or for a spirit of competition, in accordance with the rules of the game. * In sport, as in other fields, the rules of law are made by very different authorities and sources. We have already noticed that Heracles' rule had a divine origin. Nowadays, the main sources of law are generally the following: - law - jurisprudence - custom - doctrine. Habit, general principles of law, etc. can also be added. These sources, such as listed in the statutes or legislative laws, based on the French system, (under the influence of digests such as Code Napoléon in civil law, etc.) can also be recognised in unwritten law (Anglo-Saxon), if we admit that the properly 586

2 so-called law may, mutatis mutandis, be compared to, if not put in the same category as common law, which can be applied without written texts, except for some rare written documents, decrees, existing in the Anglo-Saxon law. JUDICIAL ASPECTS OF SPORTS RULES * In different countries affiliated to the Olympic Movement, there are legislative clauses or others, which concern or apply to sport or to sportsmen in the different fields and in the different common branches of law. Constitutional. Or Administrative Law In Switzerland and in the German Democratic Republic, the constitution includes a right to practise sport. Without having any correlative obligation, except with regard to taxes, any private citizen has a right sanctioned by the constitution to practise sport. The State is subsequently compelled to provide the necessary means so that any person can practise the sport he desires. In France, Great Britain, Belgium, Netherlands, and in most countries, there is, within the Ministry of Education, or in other governmental departments (Belgium in the Ministry of Culture) a general authority or an authority for physical education and sports. Some countries have even set up a Ministry for Sport and Physical Education. In many countries, a magistrate is entrusted with sports problems in the cities and municipalities (equipment, grants to clubs, etc.). The independence of an N.O.C. creates a problem in a number of countries, with regard to its relationships with the State, which is sometimes difficult in certain political systems. On the judicial level, there is actually a problem of administrative law: the question of the National Olympic Committee and its position with regard to the authority of the State. Anyway, it is quite certain that in constitutional law as well as in administrative law, sport has been recognised. Civil Law (Mazeaud in France, Dalcq in Belgium), these problems of civil liability in sport are often referred to. This liability appears at different levels: liability of the athletes towards other athletes or towards the spectators, liability of the organisers towards the athletes or towards the spectators, liability of the coach, of the sports manager and even of the spectators. We can put these questions of liability and other problems of civil law together, in particular the problem of the organic status of the sports 587

3 societies in the different countries: they may be associations without pecuniary gain or sometimes under another form or even under commercial firms. The sport associations have themselves a judicial right and have set up authorities, commissions, committees entrusted with settling disputes that may arise. This judicial law can also be put into the same category as civil law. Criminal Law Criminal liability exists as well as civil liability. Sportsmen are referred to repressive jurisdictions for infringements committed whilst practising sport. In some countries, a criminal legislation has been drawn up in special fields, such as doping (France, Belgium, Austria, etc...) boxing (Belgium, etc..) cycling, etc. Social Law In some countries, professional sportsmen have obtained a social status and a social position in a legal form. In any case, the problem of amateurism and professionalism arises at the international as well as at the national level in every country concerned. It is a current and sporting manifestation of social law which is developing all over the world. 588

4 As far as their liability RULES MADE BY LEGAL AUTHORITIES and their own safety are * In sport, the rules of law concerned, sportsmen are are sometimes made through the obliged to take out insurance usual legislative channels: policies for various risks, through their club or sports - national legislative authority federation. (or common law) i.e. House of Representatives, Senate, Fiscal Law Government (proper laws or In addition to taxes on ordinances and decrees). games and bets and Government levies on tips (in Italy, - supernational legislative Spain, Belgium, Germany...), authority (Treaty of Rome we must study the problem of and the legislative power of taxes on entrance fees to the the European authority). stadiums and eventually on profits made by sporting We must not mistake the societies and on the incomes of latter with the power of the professional sportsmen. national legislative authority to adhere to international con- Intellectual Rights ventions (uniform law on bill of exchange or cheque, maritime Television rights paid to law, air law, intellectual clubs, Federations, the Inter- rights). national Olympic Committee for sporting competitions and, in Besides the rules are made particular, for the Olympic by strictly sports authorities. Games, show that copyrights exist in sport as well as in other fields. * We must first underline the fact that, in most The word "Olympic" and countries, few laws, few "Olympiad", the emblems (rings) decrees, few ordinances have and the motto of the Interbeen enacted in this matter. national Olympic Committee are In the Civil Code of Napoléon, protected by the I.O.C. Rules. drawn up in 1804, only article Some countries also have 1966 deals partly with physical legal protection. activities. There are subsequently The people who drafted the intellectual rights in law. Civil Code thought that some games were lawful but could not * * * * be considered as an exception, against law and order, or We can assert, without any at least, against public morals. doubt, that sport, a universal They are listed as follows: phenomenon, has an influence over law and is moreover "Games likely to train to arms, governed by certain rules of running or horse races, chariot law. races, tennis and other similar 589

5 games, concerning skill and exercise of the body". The situation has, of course, developed during these 160 years. In most countries, the governing bodies realised the prime necessity of sport in certain fields: - public health - leisure - political propaganda at a national level - political propaganda at an international level. In some countries, for example, Switzerland and the German Democratic Republic, the constitution itself includes the right to practise sport. In other countries, there is a Ministry of Sport or Youth. Elsewhere, a general authority or a ministerial authority is entrusted with the governing of sport at the state level. Other laws do not directly deal with sport but are still applicable by chance, for instance, the betting regulations with regard to the results of sporting competitions or forecasts, road traffic regulations for car, motor-cycling or cycling races, the use of waterways for rowing, yachting, kayak-canoeing, legislation on possession of arms and on the use of ammunition for shooting..... The legal and statutary dispositions concerning sport are extremely varied. 590

6 RULES MADE BY SPORTS AUTHORI- TIES * Besides the legislative authority, who makes rules of law, we have already mentioned the role of sports authorities. It means, in our thesis, the rules made by the International Olympic Committee, the International Sports Federations, and sometimes by the National Sports Federations or by National Olympic Committees. In our thesis, as well as when the legislative authority acts, it often concerns dispositions, which constitute rules of law. For example: - Article 24 of the Rules of the International Olympic Committee concerns the National Olympic Committees and the International Sports Federations. According to this rule, the I.O.C. recognises, in every country, under special conditions, a National Olympic Committee, entrusted with the governing of the Olympic sport. Even in countries where a number of communities can be found, as in Switzerland, Canada, Czechoslovakia, U.S.S.R. Belgium, etc... the I.O.C. recognises only one National Olympic Committee. The International Federations recognise only one National Federation in each country. The Government of a country with many communities would not otherwise be able to decide whether there should be a National Olympic Committee or a National Federation for each community: the International Olympic Committee and the International Sports Federations would recognise only one N.O.C. and only one National Federation for each sport. - Article 26 of the Rules of the International Olympic Committee concerns the eligibility regulations for the Olympic Games. Whatever the laws of a country may be, they cannot change the international rule on eligibility for the Olympic Games and the main international sports events. The recent amendments to Rule 26 do not change this principle in any way: only the International Olympic Committee and the International Sports Federation for each sport have this authority and this competence. * If the legislative authority does not abide by the rules of the International Federation and lays down different rules to the National Federations, the latter will not be allowed to send representatives to the top-level competitions, which are always governed, not by national rules, even if a country wants to have them, but by sports rules, made by the International Sports Federations. South Africa is excluded from most main international events and from the Olympic Games because their Government and the State 591

7 governing the sport, boxing in this case, must be applied. Fights are allowed, while these blows run counter to an elementary principle of penal law, which forbids voluntary blows. Subsequently, the rule of sport law prevails over important rules of law and of penal laws. have drawn up legislation which does not comply with the I.O.C. rules, which forbid racial discrimination among athletes. The nations themselves must abide by the rules internationally accepted within the International Sports Federations and the International Olympic Committee. * Boxing is another striking example of the influence of sport on law. In most civilised countries, legislation forbids voluntary assault and battery and, often, even involuntary assault and battery. Now, at a sporting level, boxing is just the organisation of fights where voluntary blows are passed between two individuals. Even if the legislative authority controls boxing fights, there is no example of a pure and simple prohibition. If the dispute is eventually referred to a court, the rules of sport law, i.e. of the International Federation NEED FOR AN INTERNATIONAL REGULATION * In some countries, like Belgium, the legislative authority wants to lay down a social statute for the professionals on the one hand and the nonprofessionals on the other. The Sports Federations are often against such a regulation as they wish to prevent the State from interfering with voluntary organisations or with their members. For top-level champions, a social protection, as well as their own social promotion, seems to be more and more necessary. The cover against accidents provided by an individual policy, for sportsmen and their families, is not sufficient. Insurance cover against illness and disability and why not, a pension should be mentioned. Moreover, a pension fund would make it easier for ex-sportsmen to start a normal life. Motor-racing is now professional. A social status for 592

8 races and an insurance against the disciplinary aspect of accidents is quite necessary, relations between Federations taking into account the risks and their members, where interinvolved. national rules play an important part. This sport is a striking example of the impossibility of * Skiing is another example having national regulations or of the need for international social legislation. regulations, although this would be difficult to do. In In fact, it is an illusion fact, it is debatable whether the Ministries for Foreign to draw up such a statute, since each country has few Affairs and the different racing drivers participating in Governments would accept the top-level competitions. Their need to study and draft interposition must be settled by national conventions, settling international rules. the various aspects of sport law. Liability in skiing must be regulated as soon as possible. The crowded slopes during the season, the in- experienced beginners, the high speed of the experienced skiers cause more and more accidents. Sport law can only be international, since we are living in an era of frequent travel and established international relations. Some rules may be national, only as far as they regard certain precise questions concerning the practical organisation of sport in each country. The contractual aspect of the social rules must not hide The social status of top- level athletes, as for racing drivers, should be governed by an international law made by the International Sports Federation concerned, or, and it would be even better, by the supreme sports authority in the world: the International Olympic Committee. The eligibility rule to competitions which is a negative one, should be completed with social clauses, aimed at protecting top-level athletes and applicable in every country. This is why some rules must specify the principles applicable to the problem of skiing "traffic" and liability, when skiers cause accidents, just as regulations have been made with regard to road traffic. Nevertheless, it would be unfortunate if the rules on skiing "traffic" and the rules on liability were different in each country concerned: France, Switzerland, Austria, Germany, Japan, Canada, the United States of America; it would be a pity if an Austrian skier did not know the rules prevailing in Canada, because they are not the same as in his country. The regulations 593

9 should be international from a gesture at least, a sporting the very beginning: the most show. The increasing interest competent authority to provide of the tele-spectators for rethe rules applicable in every transmission of sporting national Ski Federation in the events is ample evidence of world and, in particular, in this. the countries where alpine skiing is practised, can only Knowing the heavy rights be the International Sports paid by television companies Federation governing skiing. in order to broadcast the The Federations and the Inter- Sapporo and Munich Olympic national Olympic Committee Games, one realises how neceswould be responsible if they sary it is to study the omitted to meet their own question of the rights of responsibility in this field. athletes on one hand and the rights of the clubs, National and International Federations, * The intellectual rights National Olympic Committees and of the athletes also underline the International Olympic the need for international Committee on the other hand. rules which, finally, represent the only protection for Who is more likely to prosportsmen. tect the athletes and the Federations than the Inter- It can hardly be denied national Olympic Committee? that the athlete, as well as It is well aware of this fact the artist, creates something, since it negociated the payment 594

10 of rights with the television rules. Each Federation studies companies. The I.O.C. must de- the problem, draws the same fend the interests of the conclusions, makes the same athletes and of the other mistakes and the same experiparties concerned. It has to ments and looks for texts, make some rules specifying the extreme in some ways and not in actual intellectual rights and others. protecting them. It is evident that a * Doping is the last example number of problems are similar we shall study and which shows in every sport, even if specithe need for international or fic problems arise in some of I.O.C. rules. them. If doping differs between shooting and cycling, the Regulations have been basic problems are the same: made by a number of Sports some products must be pro- Federations (International hibited; the taking of sample Cycling Union, etc...) regard- analyses, the enforcement of ing doping. Some countries the right of defence, in every have made legal arrangements case can and, in our opinion, (Belgium, France) and it must should, by the same rules, be be stated that by a strange governed and adopted by every phenomenon, nearly every Inter- Federation. national Federation is drafting rules against doping. The International Olympic Committee should convene a Unfortunately, there is no meeting of specialists of every general plan controlling these International Federation, 595

11 wishing to co-operate. The Federations should adopt some basic rules in the medical, pharmaceutical and judicial field, while being allowed to add certain specific or particular rules, if they wish to. against the fact that, as an unquestioned international body, it does not quite fulfil the part it is bound to play. As the supreme sports organisation with regard to morals as well as regulations, it must perfect the rules and assume its judicial responsibility due to the importance it has given to sport in our society. CONCLUSION * Sport law is now real; it is different from social law and other branches of law. If the general principles of law are applicable in its case, it nevertheless appears as a specific matter, with its own rules, made not only by the national legislative body but often by private bodies governing sport on the international level. L. S. From this point of view, the International Olympic Committee, as well as the International Sports Federations also represent "legislative authorities", since they enact rules of law. This international aspect of regulations in sport is one of the main features of the field we have been briefly studying. The I.O.C. is often criticised in sport and other circles. These criticisms are not so much intended against its rules as against its insufficient manifestations and 596