legal acts

id: 10023

id: 10023

Sports Act

of 25 June 2010

(Journal of Laws Dz.U. 2022 item 1599, as amended)

Chapter 9a. Disciplinary responsibility and resolution of sports disputes

Art. 45a. 1. The Sports Arbitral Tribunal (the “Tribunal”) shall operate at the Polish Olympic Committee.

2. The Tribunal is a permanent arbitration court operating under the rules set forth in the Civil Procedure Code of 17 November 1964.

3. The Tribunal shall also resolve disputes arising out of challenges to final disciplinary decisions of Polish sports associations.

4. The Tribunal shall be composed of 24 arbitrators appointed by the Management Board of the Polish Olympic Committee for a 4-year term.

5. A person may become an arbitrator of the Tribunal who:

1) enjoys full public rights;

2) is of unimpeachable character and whose behaviour to date warrants proper performance of the function of arbitrator;

3) has not been convicted by a legally final judgment of an intentional offence or an intentional fiscal offence;

4) has completed a higher legal education and passed the judge’s, prosecutor’s, legal adviser’s, advocate’s or notary’s exam.

6. The requirement referred to in par. 4(4) shall not apply to a person holding a postdoctoral degree in the science of law.

7. The term of an arbitrator of the Tribunal shall expire in the event of:

1) death;

2) resignation from office;

3) an illness preventing performance of the office for a long duration;

4) conviction by a legally final judgment of an intentional offence or an intentional fiscal offence;

5) the legally final imposition of a criminal sanction in the form of deprivation of public rights;

6) limitation or loss of legal capacity.

8. The organization and procedure before the Tribunal and the incurrence of fees and costs of proceedings shall be specified by the statute of the Tribunal adopted by the Management Board of the Polish Olympic Committee.

Art. 45b. 1. Disciplinary responsibility within a Polish sports association shall be carried out under the rules set forth in the disciplinary rules.

2. Disciplinary responsibility shall be based on the following principles:

1) the right to a defence;

2) two instances of proceedings.

3. The disciplinary rules referred to in par. 1 shall specify in particular: entities subject to disciplinary responsibility, acts threatened with disciplinary responsibility, types of disciplinary penalties, disciplinary bodies and their competencies, and the disciplinary procedure.

4. Conduct of a criminal, administrative or civil proceeding against the accused shall not exclude a disciplinary proceeding for the same act.

5. The following in particular may be disciplinary penalties:

1) admonition;

2) censure;

3) suspension;

4) temporary or lifetime disqualification;

5) fine;

6) moving a team to a lower class of competition;

7) removal from the association;

8) exclusion from the association.

Art. 45c. 1. A complaint to the Tribunal may be filed by a party to the proceeding, or, on the basis of the rules in force in the given association, other entities. In disciplinary cases over the use of doping in sport, a complaint to the Tribunal may also be filed by the World Anti-Doping Agency.

2. A complaint to the Tribunal shall be filed within 14 days after service of a decision.

3. No complaint may be filed with the Tribunal in matters concerning technical rules of play.

4. A filing fee shall be paid on a complaint filed with the Tribunal, in an amount which shall not be higher than twice the average monthly wage for work in the national economy in the preceding year, published by the President of the Central Statistical Office.

Art. 45d. 1. The Tribunal may set aside a disciplinary decision of a Polish sports association and remand the matter for reconsideration if it is necessary for resolution of the case to conduct an evidentiary proceeding in whole or significant part.

2. A cassation appeal to the Supreme Court may be filed against a disciplinary ruling of the Tribunal in the event of gross violation of regulations of law or the obvious inequity of the ruling.

3. A cassation appeal shall be filed via the Tribunal within 30 days after service of the ruling together with the justification on the appealing party.

4. The Tribunal shall forward the cassation appeal to the Supreme Court within 14 days after receipt together with the case file.

5. The Supreme Court shall consider a cassation appeal against a ruling of the Tribunal under the rules provided in the Civil Procedure Code.

Art. 45e. The provisions of this chapter shall not apply to disciplinary cases concerning doping in sport.

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