Are the administrative actions of sports federations subject to judicial review?
ENTRANCE
Sports law is emerging as a hybrid field between private and public law, pushing the boundaries of classical administrative law. In particular, the actions of sports federations—licensing, disciplinary actions, competition organization, and overseeing club and athlete activities—are the subject of significant legal debate. Within this framework, the most fundamental and controversial question is:
Are the actions of sports federations subject to judicial review?
The answer to this question is critically important in terms of guaranteeing the freedom of athletes to seek redress, the autonomy of federations, and the legality of administrative procedures.
1. LEGAL STATUS OF SPORTS FEDERATIONS
a) General Framework
In Türkiye, the status of sports federations is evaluated within the framework of Law No. 3289 on Youth and Sports Services, Law No. 6222 on the Prevention of Violence and Disorder in Sports, Law No. 5018 on Public Financial Management and Control, and Article 125 of the Constitution.
Federations are defined as autonomous public legal entities and possess regulatory and supervisory powers in the field of sports. Some federations, such as the Turkish Football Federation (TFF), are established by special law.
b) The Concept of Autonomy
“Autonomy” means that federations have the freedom to make decisions on certain administrative matters. However, this autonomy does not completely exempt actions involving the use of public power from judicial review.
2. LEGAL NATURE OF FEDERATION PROCEDURES
Sports federations carry out the following operations:
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Granting or revoking licenses
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Imposing disciplinary penalties
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Competition and tournament regulations
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Coach and referee appointments
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Club audits and sporting sanctions such as point deductions
These actions are based on public authority and embody the elements of the administrative act concept in administrative law. Therefore, the majority of these actions are administrative acts.
3. SUBJECT TO JUDICIAL REVIEW: CONSTITUTIONAL PROVISION
Article 125 of the Constitution is clear and unambiguous:
"Judicial review is available against all actions and decisions of the administration."
According to this provision, actions taken by sports federations using public authority are, at first glance, subject to judicial review. However, in practice, there are some distinctions and exceptions.
4. FICTIONAL CASE STUDY
SUMMARY OF THE INCIDENT:
Ahmet Yıldız is a professional basketball player. The Turkish Basketball Federation (TBF) rejected his license application for the 2023-2024 season on the grounds of "his team's debt." Despite having no personal debt, Ahmet lost his right to play that season as a result of this decision.
Ahmet, stating that the decision was unfair and that he was wronged for a reason for which he was not responsible, applied to the Ankara Administrative Court for the annulment of the license revocation decision.
In its defense, the federation argues that the action falls within the "authority of an autonomous federation" and is not considered an "administrative act," and therefore is not subject to judicial review.
5. LEGAL ASSESSMENT
a) Administrative Nature of the Process
The Turkish Basketball Federation (TBF) has carried out the licensing process based on its public authority and with the aim of ensuring sporting order. This process:
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It is one-sided
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It is based on general regulations
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It is for the public good
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It has legal consequences
Therefore, it is an administrative act and is subject to judicial review.
b) Openness of the Judicial Process
According to the established jurisprudence of the Court of Cassation and the Council of State, the actions of federations are considered administrative acts unless they involve a private law relationship (such as a sponsorship agreement).
Ahmet's individual licensing rights are protected under public law. Therefore, the transaction is subject to judicial review.
6. THE SITUATION IN LIGHT OF THE COUNCIL OF STATE DECISIONS
“Disciplinary sanctions and licensing procedures established by sports federations using public authority are administrative procedures. These procedures are subject to the review of administrative courts.”
“Autonomy does not mean absolute lack of oversight. The actions of autonomous sports federations that rely on public authority are subject to judicial review.”
7. SPECIAL CIRCUMstances: ARBITRATION BOARD DECISIONS
Regarding the decisions of the Federations' Arbitration Boards, the Turkish Football Federation Law No. 5894 and Law No. 3289 stipulate that arbitration is the final remedy. However:
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Allegations that the Arbitration Board is not independent and impartial
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The European Court of Human Rights' reviews of compliance with the "independent judicial body" criterion
Therefore, it is argued that some decisions constitute violations of rights before the Constitutional Court and the European Court of Human Rights.
8. CONSTITUTIONAL COURT DECISIONS
“The finality of arbitration board decisions may violate the applicant’s right of access to a court. The independence and impartiality of the board must be assessed in the specifics of the case.”
This decision has also raised the issue of the exhaustion of domestic legal remedies within sports federations.
9. THE APPROACH OF THE EUROPEAN COURT OF HUMAN RIGHTS
❖ Mutu & Pechstein v. Switzerland (2018)
The European Court of Human Rights has reviewed the impartiality and independence of CAS (Court of Arbitration for Sport) decisions and has stated that certain sports arbitration avenues are not effective remedies.
These decisions demonstrate that national sports arbitration bodies should also be structured in accordance with ECHR standards.
10. CONCLUSION AND RECOMMENDATIONS
Most actions taken by sports federations are administrative in nature and are subject to judicial review pursuant to Article 125 of the Constitution. Although the principle of "autonomy" of federations is taken into consideration, this autonomy does not provide absolute immunity.
As in the fictional event, actions that affect individual rights:
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It should be subject to clear legal oversight
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Even if arbitration is an option, effective remedies must be preserved
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This should be evaluated in line with the jurisprudence of the Constitutional Court and the European Court of Human Rights.
Suggestions:
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The administrative procedures of sports federations should be clearly categorized.
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The structure of arbitration boards should be revised according to independence criteria.
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The right to a fair trial for athletes and clubs must be guaranteed.
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The relevant legislation should be brought into line with the Constitution and the case law of the European Court of Human Rights.
Gamze Akbulut, Law Faculty Student
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