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EN
The clubs legal responsibility for the behavior of supporters is used by UEFA to in-fluence the content of sports competitions, ideally abstracted from demonstrating by spectators any non-football ideas. Nevertheless, the regulation of the national associa-tions-members of UEFA also assumes the responsibility of the clubs and, sometimes, the supporters themselves for the unacceptable behavior of the latter. The experience of regulation this issue by the Austrian Football Association demonstrates mentioned approach. Therefore, it is interesting to make a comparison: how much the regulated responsibility of supporters affects to the regulation by the association a strict liability of clubs for the behavior of fans. Using the practice of CAS, we may see a presumptive approach on the basis of an assessment of the situation by “a reasonable and objective observer” for the objective resolution of a dispute.
EN
he right of football clubs to establish local bans (the so-called “blacklists”) depends on a number of reasons. A local ban on visiting football matches can act as a measure to combat the unlawful behaviour of viewers, thus complementing the administrative responsibility of the spectators. In Russian law it is not possible to impose a ban on the sale of tickets to football matches by football clubs. The current wording of the rules of spectators’ behaviour during official sporting events does not, by default, allow supporter identity checks when entering the stadium. That also complicates the identification of spectators for being on the “blacklist”. The practice of civil suits brought by football clubs against supporters, as one of the few legal tools to influence supporters, is currently not widespread. As a result, there are no uniform approaches to resolve these disputes: the courts motivate refusals by various arguments, the validity of which can be reasonably criticised.
PL
The right of football clubs to establish local bans (the so-called “blacklists”) depends on a number of reasons. A local ban on visiting football matches can act as a measure to combat the unlawful behaviour of viewers, thus complementing the administrative responsibility of the spectators. In Russian law it is not possible to impose a ban on the sale of tickets to football matches by football clubs. The current wording of the rules of spectators’ behaviour during official sporting events does not, by default, allow supporter identity checks when entering the stadium. That also complicates the identification of spectators for being on the “blacklist”. The practice of civil suits brought by football clubs against supporters, as one of the few legal tools to influence supporters, is currently not widespread. As a result, there are no uniform approaches to resolve these disputes: the courts motivate refusals by various arguments, the validity of which can be reasonably criticised.
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