Authors: Metin Qestaj and Art Sylaj
Kosovo takes an important step forward in the regulation of sports with the adoption of the current Law on Sports, which brings important changes that will transform the sports landscape in the country. This law, drafted to address the current challenges and demands of sport in Kosovo, aims to create a more detailed, safer, and more structured framework for the development of sport at the national level, through the innovations elaborated as follows.
- Creation of the Sports Agency and Sports Inspectorate
The new law creates a new institutional structure in Kosovar sport through the creation of the Sports Agency and the Sports Inspectorate, both within the Ministry of Culture, Youth and Sports. These new bodies have been created to ensure that the development of the sport follows sound practices and standards set by international organizations.
Initially, the Sports Agency will act as a strategic body that designs sports development policies in Kosovo, coordinates national and international projects, and helps create a sustainable sports infrastructure. Meanwhile, the Sports Inspectorate will have an important role in the supervision and implementation of these policies, ensuring that all sports organizations respect the legal norms and established standards. - Good governance and mandatory transparency for sports organizations
One of the most important innovations of this law is the obligation of sports organizations to compile and adhere to the code of good governance, as a long-standing practice of international sports organizations. Sports federations and clubs will be obliged to follow high standards of transparency and accountability, including regular financial reporting and clear decision-making procedures. - Sports contracts
The old law did not regulate the form of sports contracts between professional athletes and sports clubs. The new law provides that the sports contract must be in written form, notarized and registered in the relevant federation. According to the new Law, sports contracts cannot be concluded for a period longer than five (5) years and the trial period will not be foreseen. In case the sports contract is not valid according to the provisions of the new Law, then the sports club will be fined for misdemeanors, thus bearing the risk of invalidity of the contract. - Protecting the health and safety of athletes
In addition to the above, the new Law emphasizes the importance of the health and safety of athletes, establishing strict measures that all athletes must respect. Regular health checks become mandatory for all participants in organized sports, while sports facilities will be regularly inspected to ensure compliance with safety standards, which will be taken care of by the Sports Inspectorate. - Sports Arbitration Council
While the repealed law has briefly regulated the Sports Arbitration Council (“SAC”), the new law regulates the powers of the Sports Arbitration Council bringing innovations in the composition of this Council, in the mandate of its members and in the methods of resolving sports disputes through arbitration and mediation – alternatives provided by SAC. Initially, the new Law, among other things, stipulates that the members of the SAC must have at least ten (10) years of professional experience as graduated lawyers.
In addition, the new Law prohibits members of SAC from being part of the list of arbitrators and mediators of the Court of Arbitration for Sport (“CAS”). The conditions to be part of the list of arbitrators and mediators of CAS are similar to those of SAC members, except that here, only the person licensed according to the Mediation Law can be a mediator.
It is important to note that the old Law determined that the decisions of SAC (meaning the decisions of CAS) can be challenged in the “international SAC, while the new Law does not provide for this option and only states that any decision of CAS will be final and enforceable on the parties.
Conclusion: A new basis for the development of sport in Kosovo
The entry into force of Law No. 08/L-277 on Sport aims to mark a turning point for sport in Kosovo, creating a safer and more organized environment for all actors involved. This law provides a clear framework for the development of sports at all levels, from school and amateur to professional and international sports.
Sports organizations and athletes are encouraged to prepare for the changes that this law will bring and to adapt their practices in accordance with the new provisions.