Izvorni znanstveni članak
Insufficiency of the normative as a characteristic of Sports Law
Hrvoje Kačer
; Pravni fakultet Sveučilišta u Splitu
Ante Perkušić
; Pravni i Pomorski fakultet Sveučilišta u Splitu
Blanka Ivančić-Kačer
; Pomorski fakultet Sveučilišta u Splitu
Sažetak
Sports Law is quite a young branch of law which by its nature creates a danger due to certain insufficiencies which are not contained in traditional legal branches such as civil or criminal law for example. Given the legal principle which is permanently applicable generally, lex specialis derogate legi generali, it is relatively easy when that particular (sports in this case) legal norm exists. However, when, in a particular area full of specificities such as sports, certain legal norms do not exist and when it is necessary to apply that legal norm where the creator of which certainly did not consider sport, a problem occurs, sometimes even a legal catastrophe. It is not possible in any other way to describe this situation where the existence of a normative impedes the foundation of another national federation while the one in which bankruptcy has been declared exists. This becomes even more of a problem when it comes to the redemption of claims of the insolvency debtor, in this way assuming the insolvency debtor with all their rights (including Croatian Olympic Committee membership) as if it were the case of the bankruptcy of a factory for example. The only solution is to enact special, original, sports specialised legal norms even though this is very possible with the so called reciprocal or retroactive effect of that norm. A direct impetus to this paper are the occurrences in Croatian sport where two Croatian national sports federations ( volleyball and golf) have gone bankrupt and had those legal norms applicable to company insolvency applied to them because alternatives do not exist. Unfortunately, the reaction of Croatian legislators in the way which was expected (and demanded) is missing. Yet again a constitutional law question has arisen of whether to do something (within the system of tripartism of power). How can one sanction (apart from election results) the unacceptable passivity of the legislators which has occurred in the case of sports law several times and in general exists as a constant characteristic in law and has happened too many times already? The modus operandi is almost there. This is the modus operandi of the same legislator who with large numbers of regulations every year Pis included among the world top legislators measured according to that criterion, which unfortunately by the nature of things is indicative of poor quality and consequently not only of a large number of amendments, but also of a large number of interventions by the Constitutional Court of the Republic of Croatia.
Ključne riječi
lex specialis; lex generalis; legislator; sports
Hrčak ID:
94363
URI
Datum izdavanja:
17.12.2012.
Posjeta: 3.290 *