The Problem of Independence and Impartiality of the Arbitration Committee of the Turkish Football Federation in the Context of the Judgments of the European Court of Human Rights

Nowadays, a significant part of sports law disputes are resolved by sports resolution authorities acting through alternative dispute resolution methods such as arbitration and mediation. Pursuant to Article 59 (3) of the Constitution, “The decisions of sports federations relating to sports administration and disciplinary sanctions may only be challenged through compulsory arbitration. The decisions of the Arbitration Committee are final and shall not be appealed to any judicial authority.” The functioning of the Arbitration Committee of the Turkish Football Federation (the Arbitration Committee), which carries out its duties in line with the aforementioned provision of the Constitution, has been recently extensively analysed by the European Court of Human Rights (ECtHR). In Ali Rıza and Others v. Turkey case the ECtHR held that the Arbitration Committee was not independent and impartial. With this decision, the Turkish football arbitration proceedings started to be discussed in terms of the right to a fair trial. The purpose of this study is to analyse the Turkish Football Federation arbitration proceedings in line with the ECtHR judgments in terms of the right to a fair trial. Within the scope of the study, the steps taken by the State and the TFF to overcome the independence and impartiality of the Arbitration Committee have been discussed and solution suggestions are tried to be produced.

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Publication Details

Journal
Süleyman Demirel Üniversitesi Hukuk Fakültesi Dergisi
Published
2024-08-19
DOI
https://doi.org/10.52273/sduhfd..1354675
Primary Topic
Doping in Sports
Type
article
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article

The Problem of Independence and Impartiality of the Arbitration Committee of the Turkish Football Federation in the Context of the Judgments of the European Court of Human Rights

Dinçer ÇERİBAŞ
Süleyman Demirel Üniversitesi Hukuk Fakültesi Dergisi
Doping in Sports
article

The Problem of Independence and Impartiality of the Arbitration Committee of the Turkish Football Federation in the Context of the Judgments of the European Court of Human Rights

Dinçer ÇERİBAŞ
article en

Abstract

Nowadays, a significant part of sports law disputes are resolved by sports resolution authorities acting through alternative dispute resolution methods such as arbitration and mediation. Pursuant to Article 59 (3) of the Constitution, “The decisions of sports federations relating to sports administration and disciplinary sanctions may only be challenged through compulsory arbitration. The decisions of the Arbitration Committee are final and shall not be appealed to any judicial authority.” The functioning of the Arbitration Committee of the Turkish Football Federation (the Arbitration Committee), which carries out its duties in line with the aforementioned provision of the Constitution, has been recently extensively analysed by the European Court of Human Rights (ECtHR). In Ali Rıza and Others v. Turkey case the ECtHR held that the Arbitration Committee was not independent and impartial. With this decision, the Turkish football arbitration proceedings started to be discussed in terms of the right to a fair trial. The purpose of this study is to analyse the Turkish Football Federation arbitration proceedings in line with the ECtHR judgments in terms of the right to a fair trial. Within the scope of the study, the steps taken by the State and the TFF to overcome the independence and impartiality of the Arbitration Committee have been discussed and solution suggestions are tried to be produced.

Süleyman Demirel Üniversitesi Hukuk Fakültesi DergisiVol. 14(2)
Ankara University (TR)
Peace, Justice and strong institutions
Openalex Percentile: Top 79%
Doping in Sports
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