The Act on sports

The Act on sports of June 25, 2010 (Journal of Laws No. 127, item 857) replaced the existing regulations specified in the Act of January 18, 1996 on physical culture and the Act of July 29, 2005 on competitive sports.

The Act on sports in the wording introduced by the Act of July 23, 2015 (Journal of Laws of 2015, item 1321 – entry into force on September 22, 2015) constitutes a legal basis for the activities of the Court.

Below is an extract from the Act on sports with regard to the disciplinary liability and dispute settlement in sports (chapter 9a).

Art. 45a

  1. The Arbitration Court for Sport, hereinafter referred to as the “Court”, functions at the Polish Olympic Committee.
  2. The Court is a permanent arbitration court functioning pursuant to provisions of the Act of November 17, 1964 – the Polish Civil Procedure Code.
  3. The Court also settles disputes resulting from appealing against the final disciplinary decisions of Polish sports associations.
  4. The Court consists of 24 arbitrators appointed by the Management Board of the Polish Olympic Committee for a 4-year term.
  5. An arbitrator of the Court may be a person who:
    1. fully enjoys civil rights;
    2. has impeccable moral character and his/her past and current behaviour guarantees the proper performance of the arbitrator’s functions;
    3. was not sentenced with a final judgment for an intentional crime or an intentional fiscal crime;
    4. has a degree in law and passed the judicial, prosecutor, solicitor or notarial examination.
  6. The requirements referred to in clause 4 point 4 do not apply to a person with a degree of doktor habilitowany nauk prawnych (habilitated doctor in Laws).
  7. An arbitrator’s term of office expires in the event of:
    1. death;
    2. resignation from office;
    3. an illness permanently preventing from performing the function;
    4. a sentence with a final judgment for an intentional crime or an intentional fiscal crime;
    5. a final ruling of a measure in the form of deprivation of civil rights;
    6. limitation or loss of the capability to perform acts in law.
  8. The organisation and mode of proceedings before the Court and the fees and costs of the proceedings are specified in the statute of the Court adopted by the Management Board of the Polish Olympic Committee.
Art. 45b
  1. The disciplinary liability at a Polish sports association is executed under provisions specified in the disciplinary regulation.
  2. The disciplinary liability is based on the following rules:
    1. the right to defend oneself;
    2.  the rule of two instances of the proceedings.
  3. The disciplinary regulation referred to in clause 1 specifies in particular: the entities subject to the disciplinary liability, the acts subject to disciplinary liability, types of disciplinary penalties, disciplinary bodies and their competences and the mode of the disciplinary proceedings.
  4. Pending criminal, administrative or civil proceedings against the defendant do not exclude initiating disciplinary proceedings regarding the same act.
  5. Disciplinary punishments may include in particular:
    1. admonition;
    2. reprimand;
    3. suspension;
    4. temporary or lifetime disqualification;
    5. financial penalty
    6. moving the team to a lower league;
    7. removal from the association;
    8. exclusion from the association.
Art. 45c
  1. An appeal to the Court is a right of the party to the proceedings or – under the regulations in force in a given association – of other entities.
  2. An action shall be brought before the Court within 14 days of the receipt of the decision.
  3. An appeal to the Court does not apply in matters relating to the technical rules of the game.
  4. For an appeal brought before the Court, a fee is payable, which cannot be higher than twice the average monthly wage in the national economy in the previous year, announced by the President of the Central Statistical Office.
Art. 45d
  1. Annulment by Court of a disciplinary decision of a Polish sports association and referring the case for re-examination is possible if, in order to resolve the case, it is necessary to carry out evidentiary proceedings in whole or in large part.
  2. A cassation to the Supreme Court against a disciplinary decision of the Court of Arbitration shall be competent in the case of gross violations of the provisions of law or the obvious illegitimacy of the judgement.
  3. A cassation should be filed through the Court of Arbitration within 30 days from service of the judgement together with the justification to the applicant.
  4. The court passes the cassation within 14 days of its receipt along with the case file to the Supreme Court.
  5. The Supreme Court examines the cassation against the judgement of the Court on the principles defined in the Code of Civil Procedure.

Art. 45e

The regulations of this chapter do not apply to disciplinary cases of doping in sport.

The full text of the act (here).

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