Administrative Judge Competence on Sports Federations Neutrality

Extract

[...] The competence of the administrative judge being retained, the Council of State then turned to the substance of the case and more specifically to the principle of neutrality. II- A strict and pragmatic application of the principle of neutrality The judges applied the principle of neutrality strictly by taking into account the hierarchical authority power In the face of this complex problem, the High Court ultimately provided a pragmatic solution The hierarchical authority power involving the application of the principle of neutrality to the players The Council of State recognizes that the federation, as a public service delegate, exercises authority and direction power over its members, including the players, who are thus subject to the principle of public service neutrality during competitions: "persons selected by the Federation ( . [...]

[...] ) subject to the principle of neutrality of the public service". It adds that the measures adopted within the framework of this mission fall under the regulatory power delegated to it. Finally, it validates the ban on wearing the Islamic veil. It considers that this ban, aimed at ensuring the smooth running of matches, is limited both in time (during matches) and in space (within stadiums). Consequently, the ban meets the criteria of necessity, adaptability, and proportionality required for any restriction on fundamental freedoms. [...]

[...] However, it may exacerbate the public debate on secularism and the wearing of religious signs in the sports space or more generally as a result of the ban on the burkini on beaches (CE February 2018, Human Rights League). In the future, the present decision may have the possibility of making jurisprudence for other areas where the boundary between the public sphere on the one hand and the private sphere on the other hand is blurred, such as education for example. [...]

[...] The competence of the administrative judge retained, a non-obvious competence Although sports federations are reputed to be private law moral persons the fact that they execute an administrative public service mission justifies the competence of the administrative judge The sports federations reputed to be private law moral persons The question of the competence of the administrative jurisdiction was first raised. In order to rule, the judges relied in particular on Article L131-15 of the Sports Code, which regulates the role of delegated federations. [...]

[...] He qualifies the sports federations as private law moral persons. Their nature therefore influences the type of acts they take, in principle private law acts. If we follow this reasoning, it is the judicial judge who is competent to settle any dispute arising from this framework. The administrative judge would therefore not have to intervene in this dispute on the basis of the law of August 16- on the organization of the judiciary and in accordance with the dual jurisdictional system. [...]