One of the most contentious and debated topics in the world of Sports Law, probably since the Bosman ruling,[1] is the relationship between public institutions and sports justice. In Spain, incursions of ordinary public institutions into sports matters have sparked controversy, challenging the authority of sports organizations.
Introduction
The Fédération Internationale de Football Association (FIFA), in its Statutes,[2] unequivocally limits parties from resorting to ordinary jurisdiction to resolve sports disputes. Article 58.2 expressly provides the following: “Recourse to ordinary courts of law is prohibited unless specifically provided for in the FIFA regulations. Recourse to ordinary courts of law for all types of provisional measures is also prohibited.”
In that sense, national associations, as established in Article 58.3 of the aforementioned regulations, “shall insert a clause in their statutes or regulations, stipulating that it is prohibited to take disputes in the association or...
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