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Football-legal
30
Jun
2020
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Football Legal
Governance
Article
Türkiye
Football Legal # 13

ECtHR Points Out a Systemic Problem regarding the Settlement of Football Disputes in Turkey


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ECHR, 28 January 2020, nos. 30226/10 and 4 others, Ali Riza and Others v. Turkey
Date of the decision: 2020-01-28
The executive body of the Turkish Football Federation (TFF) - the Board of Directors - which has always largely consisted of members or executives of football clubs, has too strong an influence over the organisation and functioning of the Arbitration Committee. Nor do TFF Regulations provide appropriate safeguards to protect members of the Arbitration Committee from any outside pressure. This case reveals a systemic problem as regard to the settlement of football disputes in Turkey. Under Article 46 of the European Convention on Human Rights (binding force and implementation), the Turkish State must take measures to ensure the structural independence of the Arbitration Committee.

Facts of the cases

The applicants were Ömer Kerim Ali Rıza, a dual British and Turkish national, and Fatih Arslan, Şaban Serin, Mehmet Erhan Berber, and Serkan Akal, Turkish nationals.

Mr. Rıza was a football player for Trabzonspor Kulübü Derneği, a club in the top Turkish professional league. He returned to England, his home country, in 2008 and the club brought proceedings against him with the Turkish Football Federation (TFF) for breach of contract. In his defence, he submitted that the club owed him salary arrears and match appearance fees. The TFF Arbitration Committee ultimately found in 2009 that he had wrongfully terminated his contract...

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Topics
  • Governance
  • European Law
Keywords
  • Turkish Football Federation (TFF)
  • Arbitration
  • European Law
  • Independence/Impartiality
  • Fundamental Rights
  • European Court of Human Rights (ECHR)
Find out more
  • Time to Reform the Turkish Arbitration System
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