NEWSLETTER-2019-metin
342 NEWSLETTER 2019 “Although Article 59 of the Constitution provides that the decisions of sport federations relating to administration and discipline of sporting activities may be challenged only through compulsory arbitration, without making such distinction, the provision subjected to the application exclusively authorizes the first instance legal committees of the TFF concerning all of the disputes related to the decisions of the TFF committees and bodi- es. This exclusive authority, and the obstacle of appeal against the decisions of the first instance legal committees, are incompatible with Article 59 of the Constitution and, as well, they touch on the essence of freedom to claim rights and abolish the right to legal remedies.” 13 Furthermore, it is deemed appropriate that the cancellation shall be effective one year after the publication of the decision in the Of- ficial Gazette. Jurisdiction of the DRC in Accordance with the Regulations made in 2019 in light of the Decision of the Constitutional Court The jurisdiction of the DRC is regulated under Article 56 of the TFF Statute amended by the decision of the TFF General Assem- bly dated 25.06.2015 and Article 2 of the Regulations on the DRC. After the publication of the abovementioned Decision of the CC on 02.03.2018 in the Official Gazette, all of the regulations and directives that were issued by the TFF, and which regulate the jurisdiction of the DRC, needed to be amended. In this regard, the amendments are made to the Regulations on the DRC. Meanwhile, no amendments have been made to the TFF Statute, which also has provisions regarding the jurisdiction of the DRC 14 . 13 Decision of the Constitutional Court, E. 2017/136, K. 2018/7, 18.01.2018, para. 23. 14 TFF Statute Article 56 (with the amendments made on the General Assembly dated 25.06.2015): “ 1)The Dispute Resolution Committee shall have exclusive jurisdiction to con - sider and decide disputes that arise between: a) Clubs; b) A club and its players, coaches, trainers, agents, football agents and football players, coaches and trainers with respect to or in connection with any contract and any football-related matter referred to the DRC by any and related party.
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