The Montenegrin Law on Sports and the entire sports legislation is in conflict with the Law on Arbitration from 2015, and it is necessary to harmonize it in order for athletes to receive the fastest possible protection mechanism, it was assessed at the forum of the Association of Lawyers of Montenegro.
From the 32nd session of the IUS Forum "Arbitration in Sports - Scope and Challenges", all relevant sports actors and the Ministry of Sports were invited, so that in the first quarter of the next year, extensive action would be taken in drafting regulations that would satisfactorily protect participants in sports. in Montenegro.
The tribune, in front of the organizers, was led by prof. Ph.D. Branislav Radulović, and experience and knowledge were shared by PhD student at the University of Budapest, Nina Vuksanović, Dean of the Faculty of Sports Management, prof. Dr. Ivan Jovetić and the President of the Montenegrin Olympic Committee, Dušan Simonović.
- We absolutely need a new Law on Sports, because the autonomy of sports is an international document from 2004 and Article 9 of the Constitution is decisive and that regulation is binding. The current laws and regulations are in conflict with us, and that is where we have a problem, and who will restore the athletes' right to get justice. We opened Pandora's box of problems and international agreements are above our legislation - said Vuksanović and added:
- Arbitration in the Football Association, for example, made numerous decisions without control and it was only in the dispute in Lausanne that it was determined that it did not meet the requirements. And those regulations of Arbitration in the federations were mostly rewritten and there were changes in the law. Now it is not even defined whether the arbitration is decided by the council or an individual - informed Vuksanović.
Professor and prominent sports worker Bato Nastić agreed with her attitude.
- The Law on Sports in 2011 also mentioned arbitration. Four proceedings were conducted, but without a final outcome due to undefined regulations - Nastić explained
It was only at the extremely well-attended forum that the participants took an active part and it was shown that Montenegro has excellent staff and knowledge to start solving problems, but it is not vanity that it does not learn from others.
- We don't want overwriting regulations, but why not take some good and applicable solutions from other systems. Of course, this must be harmonized with the size and needs of our country, but no matter how familiar and involved we are in the problems or want to work, such a complex and multidisciplinary process in the creation of regulations and laws requires a wide multidisciplinary spectrum of work from different professions - believes Jovetić.
In the multimedia hall of KIC "Budo Tomović", the forum was attended by numerous professors from the field of law and sports, sports workers, top athletes, but also students and representatives of various institutions. Proposals were also heard to analyze the regulations of the most successful sports systems of small countries.
- A significant step towards our goal is the work of the Chamber of Commerce, which did an excellent job in working on the Law on Arbitration and Compliance with EU Normatives. It is up to us to invite all relevant institutions and the Ministry of Sports to start solving the problem. We are signatories of the New York Convention and we are obliged, and the faculties should help by organizing meetings - stressed Radulović, noting that Montenegro has had no protection for athletes for 14 years, and that arbitration decisions are like court decisions.
- The arbitration mechanism simply has to take root in our sport - concluded Radulović.
At the forum, the problems faced by sports inspectors, who can only make recommendations and charge fines in case of non-compliance, but that the Constitutional Court is responsible for acts of sports organizations, were also heard due to bad legislation. There were also mentions of the discriminatory regulations of certain sports associations, specifically, the Basketball Association favors male basketball players over their female colleagues.
SIMONOVIĆ: NONE OF THE 18 COK PROPOSALS HAVE BEEN ADOPTED IN THE CURRENT LAW
COK President Dušan Simonović knows what the core of the problem is.
- The current Law on Sports from 2018 is so bad that it cannot be influenced by amendments, because a new one is needed. None of the 18 objections of the COK was taken into account during the adoption and we have a problem because it contradicts the Charter of the IOC. Well, the IOC Charter and the regulations of the Sports Court in Lausanne are binding and our rules and regulations must be harmonized. By the current law, we are forced to issue certificates for sports disciplines that do not exist in Montenegro. We simply need a new law on sports - Simonović is decisive.
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