CAS faces serious challenges within the European Union
Farzad Youshanlou
January 29, 2025

Tamara Capeta, Advocate General at the European Court of Justice, has issued an advisory opinion highlighting potential shortcomings in the protection of athletes’ rights during proceedings before the Court of Arbitration for Sport. While her opinion has not yet prompted reforms, it has sparked a crucial debate on the need for changes to meet the evolving demands of the global sports community. The ability of institutions to adapt to societal progress is essential for maintaining trust and stability. In this light, international sports federations, especially the International Olympic Committee, should view Capeta’s critique as a call to prioritize athlete-focused reforms in sports arbitration.

Athletes have long challenged CAS rulings in European courts. One prominent case involved German speed skater Claudia Pechstein, who was banned in 2009 by the International Skating Union for alleged blood doping. After CAS upheld the decision, Pechstein pursued legal action in Germany and the European Court of Human Rights, claiming CAS lacked impartiality and violated her right to a fair trial. Although Germany’s Federal Court ruled against her in 2018, the ECHR ruled in 2023 that her right to a fair trial under Article 6 of the European Convention on Human Rights had been breached. The court cited insufficient independence and impartiality in CAS proceedings, fueling ongoing concerns about the integrity of the arbitration process.

A major point of contention regarding CAS is its opaque funding structure. Managed by the International Council of Arbitration for Sport (ICAS), CAS relies on financial contributions from entities within the Olympic Movement, such as the IOC and International Federations. These funds cover operational costs, including free arbitration in some cases, yet the exact breakdown of contributions remains undisclosed. In 2003, the combined budget of ICAS and CAS was approximately 7.3 million Swiss Francs. However, the IOC’s specific financial support has never been detailed. While IOC financial reports document significant funding for sports organizations and initiatives, the lack of transparency regarding CAS allocations raises questions about the court’s autonomy and independence.

Claudia Pechstein (GER), ISU World Speed Skating Championships

EU’S LEGAL STANDARDS

The European Union’s legal framework, with its strong commitment to human rights, offers broader protections compared to Switzerland’s legal model, under which CAS operates. Additionally, Europe’s advanced sports infrastructure and secure environment have made the region a preferred host for major sporting events. It is therefore essential for the EU’s legal standards to extend their protective reach to European sports, ensuring fairness and integrity across the sector.

To modernize sports governance and ensure alignment with contemporary legal and ethical values, the next president of the IOC must introduce mechanisms to address these systemic flaws. Reforms should include greater transparency in CAS funding, the establishment of an independent oversight body, and mechanisms to make arbitration more accessible and affordable for all athletes.

While CAS offers legal aid, the high costs of arbitration often place justice beyond reach for many athletes without substantial financial resources. High-profile figures such as Claudia Pechstein, Michel Platini, Mario Vuskovic, and Adrian Mutu have successfully challenged cases in European courts. However, their victories required significant financial means, underscoring the inequality faced by less-privileged athletes in similar situations.

As Thomas Bach’s presidency at the IOC comes to a close, the conversation surrounding CAS takes on a new dimension. The lack of transparency regarding its financial independence from the IOC, combined with existing protocols within sports organizations and federations that sometimes conflict with olympic charter values, highlights the need for reform. There is growing support for the creation of an independent mechanism for CAS. This responsibility will ultimately fall to the next president of the IOC.

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