Competence Issue in Sport Law Disputes in Turkey

Competence Issue in Sport Law Disputes in Turkey

With the decision no. 2018/7 dated 18 January 2018, the Constitutional Court repealed Article 5 Paragraph (2)* of Law no. 5894 on the Establishment of the Turkey Football Federation (TFF) and the Organization and Duties, after finding that said paragraph is contrary to Article 59 of Constitution. This decision will enter into force on 2 March 2019.

* Par. 2: “The first instance legal committees are exclusively authorized to make decisions on the club license or to decide on disputes arising out of the TFF Statute, other regulations of the TFF and the decisions of other authorized TFF boards and bodies.

Issue Subject to Application and Its Grounds

A plaintiff has initiated the enforcement proceedings against the defendant football club for not paying the remuneration of a “player representative agreement” which is signed between a registered football representative affiliated to the TFF and a football club. As a result of the objection made by the defendant football club against the execution proceedings, the plaintiff filed a case for the annulment of the objection. As a result, the first-instance court found itself incompetent and decided that the TFF’s first instance legal committee should be competent to hear the...

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