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Sports Investigations Law and the ECHR: Collection, Use and Exchange of Intelligence

Sports Investigations Law and the ECHR: Collection, Use and Exchange of Intelligence

  • 作者:
  • 出版商: Routledge
  • ISBN: 9781032374963
  • 出版时间 March 2023
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥1,468.75

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  • 描述 
  • 大纲 
  • 详细

    This book focuses on the analysis of coercive measures that sports organisations are permitted to use as part of their internal sports investigation proceedings to investigate sports rule violations. The legality of such coercive measures is measured against the legal regime of the European Convention on Human Rights (ECHR). The book examines the important issue of the applicability of the ECHR to private sports organisations, which is currently widely debated in the field of sports law. The ECHR is hereby used as the analytical framework, which should also be a source of inspiration for jurisdictions outside the scope of application of the ECHR. The book further explores if and to what extent sports organisations and law enforcement agencies may exchange intelligence in support of both internal sports investigation proceedings and criminal investigations. At all stages, the work seeks to strike a balance between the interest of sports organisations to investigate sports rule violations and the rights of athletes and other sportspersons. The work will be an invaluable resource for students, academics and policy-makers working in the area of Sports Law and Human Rights Law.

    附加信息

    Student Edition ISBN 不可用
    Previous edition isbn 不可用
    Hardback edition isbn 不可用
    Paperback edition ISBN 不可用
  • A. Acknowledgements
    B. Abbreviations
    C. Introductory comments
    D. Analytical framework: the European Convention on Human Rights
    I. Self-commitment
    II. The protection of human rights in sports-related disputes
    1. The positive obligations of the Signatories to the ECHR
    2. The compulsive nature of sports regulations and its legal effects
    3. Interim conclusion
    III. Establishing legal fairness in sporting matters - The principle of proportionality
    1. Suitability and necessity
    2. Proportionality in a narrow sense
    IV. Interim conclusion
    E. The gathering of intelligence and evidence in sports investigations
    I. Threshold for the commencement of sports investigations
    II. Coercive measures in sports investigations
    1. Interrogations and the disclosure of personal information and documentary evidence
    2. The surveillance of communications
    3. Video surveillance and photographs
    4. Search and seizure
    5. Polygraph test
    6. Final considerations: Legitimacy through independent sports integrity bodies
    F. Use of information obtained in internal sports investigations
    I. The admissibility of illegally obtained information
    II. The use of legally obtained inadvertent discovery
    1. Admissibility of inadvertent discovery information
    2. Erasure of information not covered by the investigative power
    III. Intelligence obtained from third parties
    G. Exchange of information
    I. The exchange of information between sports organisations and law enforcement
    1. The confidentiality of gathered information
    2. Case study: Transfer of information in accordance with the GDPR
    3. Reasonableness and proportionality of data exchange
    II. Exchange between sports organisations
    III. Exchange between sports associations and other third parties
    IV. Interim conclusion: Exchange of intelligence
    H. Conclusion

    Bibliography
    Table of cases
    I. ECtHR
    II. Switzerland
    III. Germany
    IV. United States of America
    V. United Kingdom
    VI. Australia
    VII. Canada
    VIII. India
    IX. European Court of Justice
    X. Court of Arbitration for Sport
    XI. Basketball Arbitral Tribunal
    XII. Association Tribunals
    Others

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