Over the past two decades, the doctrine of denial of justice has become firmly integrated into lex sportiva. CAS 2025/A/11162[1] offers a thorough analysis by introducing a three-part test based on Swiss Law and clarifying its application in FIFA eligibility cases. However, although denial of justice is now clearly defined in CAS jurisprudence, each case remains fact-specific and even a successful claim does not guarantee a favorable outcome on the merits.
The Denial of Justice Principle Genesis
The concept of denial of justice finds its earliest roots in medieval Europe, having emerged in a period during which national sovereignty began displacing the overarching authority of both Church and Empire.[2] Throughout the centuries, the notion’s meaning and scope have evolved significantly, mainly influenced by the development of customary international law and international law. Under international law, the term of art that has been attributed to violations of fundamental due process is the "denial of justice’’.
Football Legal is an independent media publishing football law contents on a daily basis
dedicated to all football law practitioners (lawyers, clubs, federations,
intermediaries, football stakeholders, etc.).
Register today and stay tuned to the latest legal news.
Why not join us?
