In international sports practice, it is a widely-recognized principle that governance of sports bodies, whether on domestic or international level, should be purified from any governmental interference for achieving a sustainable level of autonomy.
Abdülkadir Güzeloğlu
25 March 2017
In international sports practice, it is a
widely-recognized principle that governance of sports bodies, whether on
domestic or international level, should be purified from any governmental interference
for achieving a sustainable level of autonomy. Indeed, this standard is closely
safeguarded by the International Olympic Committee so that it exercises its
regulatory functions through imposing severe sanctions.[1]
Nevertheless, it is occasionally observed that decisions of governmental
authorities carry potential of jeopardizing independence of national sport
federations.[2]
Having these in mind, it is informative to present
legal structure of National Sport Federations (‘‘NSF’’) as to autonomy, in
another vibrant and momentous jurisdiction, Turkey. Indeed, rationalization of Turkish
NSFs’ existence in terms of autonomy holds a supremely crucial position, since autonomy
reflects a multifaceted perspective and may be maintained by means of numerous
legal and regulatory methods.
Primarily, the Law on Establishment and Duties of
General Directorate of Sports (‘‘Law No:3289’’) is the main legislative source
that sets out numerous matters regarding NSFs, including governance structure, authority
and existence of their competent organs.[3]
Specifically, Annex Article 9, titled Independent Sports Federations, plays a
crucial role. In this vein, this article will examine and reveal current
atmosphere within the concept of autonomy that NSFs benefit in Turkish sports governance
ecosystem.
Below listed selected features of Annex Article 9 may give
a comprehensive and satisfactory perspective regarding the degree of
independence that NSFs may enjoy.
1. NSFs are legal entities that are subject to provisions
of private law.
2. Establishment of NSFs requires a mandatory three-step
procedure; i.e. assenting opinion of Central Advisory Board is proposed to
Prime Minister’s Office by Minister of Youth and Sport. Only after Prime
Minister’s affirming decision, NSF can be established.
3. Legal entity of a NSF can be revoked if it fails to meet
the requirements stipulated in Law No:3289 and consequently its assets can be
transferred to General Directorate of Sports.
4. If a NSF is granted financial contribution of any kind
including in cash, movable or immovable assets, then that NSF is prohibited
from using such contribution in a way that contradicts with general purpose of
that NSF. Following that, if a NSF acquires an immovable asset with financial contribution
of General Directorate, regardless of its amount; Law No:3289 states that
relevant immovable is considered to belong to the General Directorate.
5. Moreover, assets of NSFs are considered to be
State-owned property.
6. Officials of NSFs are considered to be public
officials regarding offences that they have committed in relevance with their
duties.
7. Headquarters of NSFs cannot be established anywhere
but Ankara.
8. Governing bodies of NSFs are also predetermined by Law
No:3289 as General Assembly, Board of Directors, Board of Auditors,
Disciplinary Board and General Secretariat. In addition to that number of
aforesaid are already preset by giving a margin covering minimum and maximum
numbers.
9. NSFs can also appoint their Provincial
representatives. However, such appointment needs the final confirmation of
General Director for Sports.
10.
Regarding General
Assembly of NSFs, which are their supreme governing body, General Directorate
has right to observe meetings of General Assembly with a specially appointed
representative in order to scrutinize whether relevant NSF is acting and taking
decisions in accordance with its purpose of establishment.
11.
That said,
extraordinary General Assembly can be held upon request of the Minister of
Youth and Sports if Sporting Evaluation and Development Board (‘‘the Board’’),
upon its inspection and scrutiny, concludes that the President of a relevant
NSF displays unsatisfactory performance and continuation his or her term of
office is seen inappropriate.
12.
Interestingly, for
monitoring sporting success and activities of NSFs as well as inspecting
latter’s plans and projects, the Board is established by Annex Article 9 with a
wide area of authority. Indeed, the Board can determine details of the undertakings
that must be given by the NSFs to the Minister and verify whether such
undertakings are fulfilled by the NSFs.
13.
Furthermore, Annex
Article 9 instructs that scrutiny or any kind of inspection concerning NSFs are
conducted by officials that are designated by General Assembly, Board of
Auditors and the Minister. In close connection with this; if General
Directorate of Sports evaluates that any contribution, in kind or in cash
provided by itself is mismanaged and a pecuniary damage is occurred, then,
General Directorate can directly collect such damage from legally responsible President
or members of the Board of Directors. Further General Directorate shall file a
criminal complaint before Public Prosecutor’s Office.
After providing these points which can effortlessly enable
one to reach a convincing and conclusive perception on the level of autonomy
that NSFs have, it is seen that there are major legal issues when it comes to
autonomy that should be immediately tackled by Turkish actors in order to
cultivate a sustainable future for NSFs.
For further information on sports law in Turkey and
sports
arbitration, you may contact us at info@guzeloglu.legal
[1] https://www.olympic.org/news/suspension-of-the-kuwait-olympic-committee
[2]
https://www.lawinsport.com/articles/item/why-india-s-sports-federations-are-now-required-to-register-as-ngos
[3] Law on Establishment
and Duties of Turkish Football Federation, numbered 5894 and dated 05.05.2009
confers Turkish Football Federation (‘‘TFF’’) a position
that is entirely outside from the scope of Law No:3289. Therefore, in Turkish
sports governance, federations could be bifurcated as the TFF and NSFs that are
regulated by the Law No:3289.