Important Constitutional Court ruling regarding the TFF

In its latest ruling, the Constitutional Court found various provisions in laws regulating the operations of sports clubs and federations in Turkey to be unconstitutional and annulled them. As the decision was published in the Official Gazette, the most notable change concerns the formation of the Turkish Football Federation (TFF) Arbitration Board.

Following an application by the Republican People's Party (CHP), certain articles of the Sports Clubs and Sports Federations Law No. 7405, which came into effect in 2022, were reviewed. The High Court specifically annulled provisions related to the acquisition of legal personality by sports clubs, the determination of professional athletes' rights, and the appointment of TFF Arbitration Board members.

Among the annulled regulations was the requirement for sports clubs to obtain registration from the Ministry of Interior before acquiring legal personality. It was emphasized that this article contradicts the constitutional principle guaranteeing that "everyone has the right to form associations without prior permission."

The broad discretionary power granted to federations regarding the status and rights of professional athletes was also deemed inappropriate by the Court. The ruling emphasized the necessity for athletes' fundamental rights to be regulated concretely and clearly by law.

Furthermore, articles concerning the determination of basic procedures for disciplinary violations and trials through regulations rather than law were also deemed contrary to the principle of the supremacy of the Constitution and were struck down.

One of the most debated points was the regulation concerning the TFF Arbitration Board. According to the relevant law, members of the Arbitration Board were to be selected by the federation's board of directors and were required to take an oath and begin their duties within one week. The High Court concluded that this practice is incompatible with the independence and impartiality of the Arbitration Board.

In its detailed reasoning, the Court stated that the TFF Arbitration Board is the final authority in disputes within the football community, but that the appointment of board members by the board of directors is not in accordance with the principle of the "right to a fair trial by an independent and impartial tribunal." Therefore, it was decided that the relevant article was unconstitutional and it was annulled.

Additionally, it was ruled that the powers and duties of sports federations must be defined directly by law rather than by regulation, leading to changes in the regulations within this field.

The decision marks the beginning of a new era in the functioning of sports organizations in Turkey, particularly for many federations, including football. The regulations will enter into force upon their publication in the Official Gazette, and the relevant institutions will be required to make adjustments to ensure legal compliance in the coming period.

News Source: 12punto