NEWSLETTER-2019-metin

341 SPORTS LAW The DRC, which held voluntary arbitration authority functions in the disputes arising from Football Contracts between 2011 and 2015, was “exclusively” authorized to examine the disputes arising from Football Contracts as a result of the amendments of Articles 55 and 56 of the TFF Statute with the decision of the General Assembly of the TFF General Assembly dated 25.6.2015. In this respect, since 2015, the UCK has functioned for mandatory arbitrations, in the pre-2011 period in the disputes arising from the Football Contracts, until the decision of the Constitutional Court dated 18.01.2018 and numbered 2017/136 E., 2018/7 K. (“Decision of CC”) 11 . Decision of Constitutional Court Article 5 of the Law on the TFF, which includes the list of first instance legal committees of the TFF, has the following provision in its subparagraph 2: “The TFF’s first instance legal committees shall be exclusively authorized to decide on club licensing matters and ad- judicate on disputes that may arise from, or in connection with, the present Law, the TFF Statute, any other regulations and directives of the TFF, as well as any decisions taken by the competent TFF com - mittees and bodies.” This provision is cancelled by the decision of the Constitutional Court dated 18.01.2018 and numbered 2017/136 E. 2018/7 K. 12 The objection to this provision, which is subjected to the Decision of the CC, was raised by the 18th Civil Chamber of Regional Court of Appeals. The application of unconstitutionality is that Article 5(2) of the Law on the TFF is in conflict with Articles 9, 10, 11, 36, 59, and 142 of the Constitution. With the decision that abolished the exclusive jurisdiction of the DRC, Article 5(2) of the Law on the TFF is abolished with the follow- ing reasons: 11 For detailed information about the Formation of the DRC, the requirements to be in the Arbitrators List, the duties of the DRC, and the voluntary and mandatory arbitration function of the DRC for the period beginning from 2007, in which the DRC was established, please see: Ekşi, Nuray : Spor Tahkim Hukuku p.246 ff.; for criticism of the Regulations between 2015 and 2019 concerning the jurisdic- tion of the DRC, please see. Ertaş, Şeref / Petek, Hasan : Spor Hukuku, Yetkin Yayınları, 2017, p. 516. 12 OG, No. 30348, 02.03.2018.