In football, an intentional elbow can cost a suspension of 10 matches. In cycling, an anti-doping control positive It can mean the end of a career. In tennis, a racket broken by frustration can lead to fine of tens of thousands of euros. Who decides these sanctions? Not the ordinary courts, but a complex network of right sports disciplinary that operates as a work de Justice parallelautonomous and, in many cases, faster and strict that penal o civilBut is this fair? Or are we facing a jurisdiction that escapes the control of State? In this articleWe unravel its foundations, procedures, limits, and controversies.
What is the right sports disciplinary?
It is the set of internal rules of sports federations (national and international) that regulate the conduct of athletes, coaches, referees, managers and clubsIts objective: to preserve the integrity, fair play and safety of sport.
Legal basisIt does not derive from Dress Criminal law nor the Law School Civil law state, but of the statutes, regulations and disciplinary codes from entities such as FIFA, UEFA, IOC, RFEA, RFEF or WADA (World Anti-Doping Agency).
These rules are voluntary: upon joining or signing a contract By joining a club, the athlete agrees to submit to these rules. It's a contract de accession with disciplinary clauses.
Who applies the sanctions?
El work works on three hierarchical levels:
| Level | Organ | Examples |
|---|---|---|
| 1. Internal | Disciplinary committees of clubs or national leagues | Competition Judge of the RFEF (football) Spanish) |
| 2. National | Disciplinary committees of national federations | Competition Committee and Discipline Sports (COE) |
| 3. international | Global or continental bodies | FIFA (Disciplinary Committee), UEFA (Control, Ethics and Discipline), TAS/CAS (appeal) |
Types of offenses and penalties
El right Disciplinary classification categorizes behaviors into mild, serious and very serious. Examples:
| Infringement | Example | Sanction typical |
|---|---|---|
| Cooperation | Dangerous entrance, simulation | Admonition1-3 matches |
| Unsportsmanlike | Abuse, aggression, racism | 4-12 matches + fine |
| Doping | Prohibited substance (anabolic steroids, EPO) | 2-4 years (or chain life imprisonment in recidivism) |
| Corruption | Match-fixing | Disabling of by Life |
| Legal | Improper alignment, non-payment of debts | Lost points, decline |
otaThe sanctions facilities (suspensions, fines) do not substitute Penalties. A player can be acquitted in sporting matters and convicted by injury as penal (or viceversa).
Why is it considered a «Justice parallel"?
- Autonomy regulationsFederations create their own laws (within limits).
- Own procedures: Without jury, without advertising, with express deadlines.
- Discipline spirit: It is not required "beyond all duda reasonable," but "comfortable satisfaction" (WADA standard for doping).
- Execution immediate: A sanction It applies even if appealed (except as otherwise provided). precautionary).
- Limited judicial controlOrdinary courts only intervene because serious vices (lack de the hearing(manifest arbitrariness).
Case part: Pistorius vs. Federation South African (2008)
Oscar Pistorius appealed to the Court of Arbitration for Sport (CAS) to compete with prosthetics. body The sports authority applied its own technical regulations. The Court of Arbitration for Sport (CAS) authorized it. Would an ordinary judge have decided the same?
Advantages work
- Speed: Litigation, Arbitration in days or weeks (vs. years in the penal).
- SpecializationJudges with knowledge sports.
- Prevention: Effect immediate deterrent.
- Global uniformity: Same rules in Tokyo as in Madrid.
Can an athlete go directly to an ordinary judge?
En theory, if. But:
- La mayoria contracts include clause of arbitration required (TAS).
- The courts usually declare your lack de competition by prior agreement.
- Exception: criminal offenses (assaults, match-fixing with illegal bets) or derechos fundamental (discrimination by gender).
Example Spanish: Case Fußball Club Barcelona vs. TAS (2016) The Court of Arbitration for Sport (CAS) sanctioned the club for signing minors. The judge Spanish He recused himself: "There is covenant arbitral".
Practical recommendations
- Read the disciplinary regulations your federation before signing.
- document everythingTraining, supplements, communications.
- Get advice from the first warning: A lawyer sporty can negotiate minor penalties.
- Guarda resourcesThe CAS offers assistance legal Delivery to Italy takes one or two business days for athletes without resources.
- Anticipate doping: Use the app ADAMS AMA to declare medicines.
