This article was first published by LawInSport and can be accessed here.
Welcome to the employment law chapter of LawInSport’s Yearbook 2022. This year’s chapter will:
Disciplinary Hearings (Azeem Rafiq hearing)
The principle of open justice requires that justice must be seen to be done as well as done.
“The needs for public justice, which has now been statutorily recognised, is that it removes the possibility of arbitrariness in the administration of justice, so that in effect the public would have the opportunity of “judging the judges”: by sitting in public, the judges are themselves accountable and on trial.”[1]
Article 6(1) of the European Convention on Human Rights (ECHR) provides, amongst other things, the right to have civil rights and obligations or criminal charges determined in public. Although it is doubtful that sporting disciplinary matters would amount to criminal proceedings, where an individual’s right to play their sport at a professional level is potentially or actually interfered with article 6 will be applicable. This is because in such instance the line between a disciplinary process and a process which determines civil rights is crossed[2]. A...
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