Abstract

Lex sportiva is evolving: at present, there is a constant interplay between the regulations and statutes of the sports federations and the fundamental values of human rights guaranteed by the legal systems of national states and international law. Therefore, there is no clear hierarchy of different norms of sports law, but interplay between the regulations of sports federations and the peremptory norms of the national and international legal orders forming the legal basis of the sports federations and their law-making. However, the present situation should not be considered a disadvantage: the resort to fundamental human rights guarantees that sports law - a system based on undemocratic law-making - does not diverge too greatly from the fundamental values which underlie the idea of any just and fair legal system. The following article will firstly describe the general model and the legal framework of lex sportiva (II.). Secondly it will analyze lex sportiva in the context of athletes’ fundamental rights (III.). Thirdly, the article will deal with the tension between mandatory arbitration agreements and Article 6 of the European Convention on Human Rights (IV.). aus der Einleitung