Lost in the legal “no man’s land” between judicial review and arbitration: the domestic arbitral system on disciplinary matters related to football is contrary to the public policy of Romania
Lost in the legal “no man’s land” between judicial review and arbitration: the domestic arbitral system on disciplinary matters related to football is contrary to the public policy of Romania

Summary/Abstract: The starting point of the article is the controversial regulation setting the jurisdictional system in disciplinary matters related to football activity in Romania. Although the disciplinary sanctions affect fundamental rights, the jurisdictional control on these sanctions is taken out from the competence of public courts and placed under the exclusive competence of a multi-level system self-declared as being constituted by arbitral tribunals. The course of our arguments will shift from the analysis of the legal basis and regulatory design of the arbitration system to the identification of the breached public policy rules, corresponding to three legal domains: judicial review of administrative acts (contentieux administratif), arbitration and fundamental rights.

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