The international legal and sports landscape is ever evolving and these ripples were felt even within the context of Slovenian Sports – more so in 2024, considering that it was the year of the 2024 Paris Olympic and Paralympic Games. With awareness growing amongst athletes in sports apart from football and basketball of a need to protect their rights and interests, this snapshot of 2024 aims to build discourse on key cases and developments relevant to Slovenia and Slovenian Sports so as to better equip relevant stakeholders to promote and establish a safe legal and regulatory environment for Slovenian athletes in the years to come.
In view of the foregoing, the following are some of key developments and cases in 2024 relevant to Slovenia:
- Arbitrary decision making, makes for an arbitrary decision?
What is an athlete to do when the rules of the Sport Governing Body (‘SGB’)/competition are in itself arbitrary? The case of Benjamin Savšek before the CAS Ad Hoc Panel of the 2024 Paris Olympic Games is one such matter wherein such an issue was brought to the forefront. The case underscored inherent issues prevailing within the rules of the International Canoe Federation and their respective competition rules, which disrupt the ideals of fairness and sporting integrity from their very threshold. These include issues such as:
- The lack of any guidelines/interpretative rules published on the interpretation of the concerned competition rules by the on-field judges;
- The lack of the requirement for judges to make decisions without any explanations or reasons;
- The lack of published decisions made by on-field judges, and their reasons; and
- The lack of an opportunity to appeal such decisions in the finals of the competition,
All of the above, set against the backdrop of a sport which required the fair and just interpretation and application of the concerned competition rules by nearly 12 or more on-field judges, created conditions of arbitrariness in the decision-making process and in essence the decisions themselves.
Under such circumstances, the only option available to athletes is an appeal before the Court of Arbitration for Sport (‘CAS’), which is not financially viable for individual athletes in general. However, considering the reluctance of CAS to interfere in on-field decisions, the arbitrariness against athletes is only accentuated further in such situations. Such athletes are therefore left with no reasonable recourse except to engage in dialogue through the regulatory framework of the concerned SGB, which to their detriment is like tilting at windmills!
Blog to be published soon.
2. Fairness and integrity: standards of justice or vehicles of injustice?
The concepts of fairness and sporting integrity are often two measures used by Sports Governing Bodies to justify any punitive actions taken against athletes. This is more so in paralympic sports where the question of equity is paramount. However, such ideals must also be upheld in the processes involved in classifying and determining the level of physical/mental impairment of the para-athletes. If not, it is very hard for one to perceive the competition as being fair and equitable. This was the issue in a recent ‘Protest’ that had been initiated by World Para Volley against a Slovenian Sitting Volleyball Player.
The concerned Player had been placed on ‘Review’ and precluded from taking part in any competition on the basis of a social media video, without any reasonable medical or scientific proof to demonstrate that there was any change in her level of impairment, as declared in her submitted medical records. The lack of justified reasons for the initiation of the Protest made the decision arbitrary and raised serious questions concerning the fairness of the classification procedure. To add to the plight of the athlete, there was no scope of internal appeal on the merits of the Protest or even before CAS.
The concerned athlete was therefore left with no choice but to enter into a tussle with World ParaVolley (and also the International Paralympic Committee), who conveniently chose to wash their hands off the matter by relying on the opaque and undefined ideals of ‘fairness’ and ‘sporting integrity’. In this case however, without a justified basis for the initiation of the Protest, it is difficult for one to perceive as to how the fairness of the competition is maintained. Instead, it only raises doubts over the integrity of the classification procedure of World ParaVolley.
It is for these reasons that the ideals of ‘fairness’ and ‘sporting integrity’, if left undefined within sporting regulations, may serve more as vehicles of injustice rather than standards of justice. For athletes and other stakeholders therefore, engaging in discourse with SGB’s on policy matters is paramount to ensuring that injustice is not committed against athletes on the grounds of maintaining fairness and sporting integrity.
Blog to be published soon.
3. Fan hooliganism – adds to the fervour and atmosphere but is a costly affair for all.
The unprecedented fan violence that unfolded during the match between NŠ Mura and NK Maribor on 18 February 2024, which resulted in several players severely injured, certainly represents the sporting fervour within the country. However, it also highlights glaring lapses in security at sporting venues in Slovenia.
While NK Maribor was slapped with a fine of EUR 25.000 and forced to play their subsequent 4 home-games without fans in the stadium due to the misbehaviour of their travelling fans, the incident also raised concerns of the overall preparedness of the country to eventually organise large-scale international sporting events. Fan experience and safety is a key indicator for any nation to be a suitable host for international sporting events but such incidents damage such prospects, apart from any civil and criminal liabilities.
For further information on the possible sanctions that could have been imposed (which were ultimately not imposed), kindly refer – https://www.bolcar.si/the-beautiful-game-marred-by-fan-violence-again-chaos-in-murska-sobota/
Following the incident, there have been certain positive developments. The Slovenian Government after consultations with the Slovenian Football Association has proposed and published a draft of a new ‘Protection of Public Order Act’ for public comments. The same is accessible here – https://e-uprava.gov.si/si/drzava-in-druzba/e-demokracija/predlogi-predpisov/predlog-predpisa.html?id=16930. The deadline for submitting comments on the same is 16 February 2025.
4. NK Rogaška’s failed to secure the license for the 2024/25 Slovenian First League.
The Football Association of Slovenia did not grant the license to NK Rogaška for the 2024/25 season as the club failed to meet the criteria set by the Football Association of Slovenia in its licensing rules pertaining to certain infrastructural, sporting, legal and financial standards. The Club was also relegated to the lowest tier of the football league in Slovenia (not entirely professional, even includes amateur players) as they failed to obtain the necessary licenses.
While the requirement to meet licensing conditions is the sole obligation of the club, the failure of a club to meet its licensing requirements and subsequent relegation, does not automatically invalidate the contracts between the club and its players. The validity of the contract is dependent on the choice of the parties highlighted in their standard contracts at the time of entering into the contract. Due to oversight, this choice is not always indicated by the Player/Club. The failure to indicate such a choice could lead to potential disputes with the Club over the interpretation of the object of the Contract and whether its validity applied to unprofessional leagues as well.
To avoid such complications and ensure certainty to the validity of their contracts, it is necessary for players/coaches and their agents while negotiating and agreeing to terms with a football club to pay specific attention to Article 3, indent 6 and 7 of the Standard Contract for Players/Coaches in Slovenia.
For further information, kindly refer: https://www.bolcar.si/izguba-licence-in-izpad-v-najnizji-rang-tekmovanja-enotna-pogodba-o-profesionalnem-igranju-nogometa/
5. Claims before FIFA are not purely transactional, but also involve claims for damages against immoral, unprofessional and illegal conduct of football clubs.
In a claim filed by the Croatian football player against a Slovenian football club before the FIFA Football Tribunal, the Player was successful in his claim and received a favourable decision which confirmed that the termination of the contract with the club was with just cause due to the outstanding salaries. The Player was also granted with additional compensation owing to the fact that the termination was due to overdue payables by the Club.
The key ratio decidendi of the case was that the quantum of additional compensation awarded to the Player was increased from the general rule of three months’ salary up to the threshold of the residual value of the contract due to the unprofessional, immoral and illegal conduct of the Club towards the Player. FIFA noted that such conduct of the Club constituted as egregious circumstances that warranted the grant of additional compensation.
Additionally, FIFA forwarded the case file to the FIFA Disciplinary Committee due to the unprofessional and immoral behaviour of the Club towards the Player.
For further information, kindly refer – http://www.spins.si/novice/1/fifa_arbitraza_miljanic.html.
The reasoned decision of the FIFA Football Tribunal is yet to be published publicly.
While this case was under the purview of the earlier editions of the FIFA Regulations on the Status and Transfer of Players, it is nevertheless relevant in the present context, as the newly published Interim Regulatory Framework to the FIFA RSTP, January 2025 edition (accessible here – https://digitalhub.fifa.com/m/696d877ea35ca761/original/Regulations-on-the-Status-and-Transfer-of-Players-January-2025-edition.pdf) provides for the calculation for compensation on the basis of the ‘positive interest principle’ – thus taking into account any damages suffered to restore the parties to status quo. The new interim regulations therefore have done away with the vague concept of ‘specificity of sport’ to determine compensation in cases of unjust termination.
6. First ever Sports Law Conference in Slovenia.
The first-ever Sports Law Conference in Slovenia, organised by Women In Sports Law (WISLaw) and the Slovenian Sports Lawyers Association, was successfully held in Ljubljana on 14 and 15 June 2024. The event brought together legal professionals and sports industry experts such as prof. Mark James, Dr. Antoine Duval, Head of Players’ Status at FIFA Erica Montemor, CAS Arbitrator Petra Pocrnic Perica, European Club Association Sarah Solemale, Attorneys at Law Carolina Zalaquett, Saverio Spera and Tomislav Kasalo, to explore pressing issues in sports law. The conference provided valuable insights and fostered important discussions, marking a significant step forward in the development of sports law in Slovenia.
For information, kindly refer: https://www.facebook.com/reel/980576810741988
7. Athletic Federation of Slovenia: Supporting Athlete Mothers and Women
The Athletic Federation of Slovenia has introduced new provisions for 2025 related to protected status of female athletes who, due to pregnancy, were unable to compete during all or part of the previous season and did not meet the criteria for selection. By meeting conditions such as regular training and submitting training reports, these athletes shall remain in the same selection group, ensuring their financial support does not decrease significantly. Additionally, the Athletic Federation of Slovenia has pledged to respect the rights of athlete mothers to breastfeed and to consider the menstrual cycle and its related specificities in their approach.
For more information, kindly refer – https://slovenska-atletika.si/wp-content/uploads/2024/12/3_tc_Zapisnik_28.-redne-seja_UO_19.11.2024.pdf.
8. The Football Association of Slovenia implemented new rules on Arbitration within the framework and guidelines mandated by FIFA.
To provide support to those parties that wish to refer an employment related dispute to a dispute resolution system at a national level instead of submitting it to FIFA or a civil court, FIFA issued various guidelines and principles to promote the creation of such national dispute resolution systems and also ensure that these systems met the procedural standards to protect all those involved.
Accordingly, the Football Association of Slovenia implemented new rules on Arbitration under the NZS.
For further information on the same, kindly refer: https://www.nzs.si/Doc/Info/2024/Pravilnik%20o%20nogometni%20arbitra%C5%BEi%20V2.0.pdf.
9. Fair play and fairness in sports: A dead letter in the rules or a principle that can be efectively applied?
During a canoe sprint selection race for the European qualification for the Olympic Games in Paris, an athlete crossed the finish line in a different lane than the one in which she had started. According to the International Canoe Federation regulations, sucha a breach should have resulted in disqualification. However, no such action was taken. Furthermore, the Slovenian Canoe Federation dailed to adhere to several rules governing the organisation of the races. Despite the clear violation of both competiton regulations and fair play principles, the Slovenian Canoe Federation validated the result of the race. This decision conflicts with the obligations outlined in its own statutes, as well as those of the Slovenian Olympic Committee and the International Olympic Committee, which mandate strict adherence to fairness and integrity in sports.
For further information, kindly refer: https://www.bolcar.si/zakonitost-fair-play-in-postenost-v-sportu-mrtva-crka-na-papirju-ali-v-praksi-uporabljivo-nacelo/
Disclaimer
This publication is purely for information purposes only and is accurate on the date of publication. Please do not rely on it as legal advice. If you’d like to speak to us about your own legal requirements or engage in further discussions concerning the above and the Slovenian Sports & Legal landscape in general, please feel free to contact us at: office@bolcar.si.