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Football-legal
30
Jun
2017
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Maciej BAŁAZIŃSKI
Disciplinary disputes
Article
International
Football Legal # 7

Should the admissibility criteria and disciplinary sanction always be proportional?


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One of the fundamental principles adopted by modern law systems, in so far as they provide for the possibility of imposing various sanctions and penalties, is the principle of proportionality.

Its essence lies in shaping the rules in force, and consequently applying the law to make sure that ailment resulting from the imposed sanction takes into account a number of circumstances, both objective and subjective. However, such a rule does not apply smoothly to the admissibility criteria. Why it is so important to make a proper distinction, even in domestic / federal law, between the two?

The principle of proportionality is an important achievement of both sports and EU jurisprudence. Hence, it is not surprising that it also pervades into sports law at domestic level, including widely understood association regulations which in many places use penalties for disciplinary offenses or - as in the case of the License Handbook of the Polish Football Association (PZPN) - for failing to comply with specific licensing rules or so-called criteria (sports, infrastructure, legal, financial, etc.).

However, the very same principle would not apply if a club or...

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Topics
  • Disciplinary disputes
Keywords
  • Club licensing
  • Disciplinary litigation
  • National Regulations
Authored by
Maciej BAŁAZIŃSKI
About Maciej BAŁAZIŃSKI
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