The Sports Law is the another field of my expertise next to the Labor Law. Nowadays the Sports Law has become an emphasized branch of business and industry. Thus this phenomenon needs to be followed by the hungarian law and legal system through their provisions. The Sports Law is a relatively young area of the law, although today the sport is regulated by the third Sports Act (Act I. of 2004 on the Sport), this field of the law still has not yet become completely independent. The Sports Law is the kind of mixed field of law, because its duality is shown, that next to the Hungarian Constitution some other laws, government regulations, decrees, EU decrees and directions regulates it. For example without the need for completeness: Civil Code, Civil Procedure Code, Criminal Code, Criminal Procedure Code, General Public Administration Procedures Code, the Code of Administrative Litigation, the Act of the Rules of Taxation, the Act of the Tax Administration and Regulation of Tax Administration, the Act of the Personal Income Tax, the Act of the Corporate Tax and Dividend Tax, Government Decree on Anti-Doping Activity, etc.
The Sports Law can be divided into two areas: sport public law and sport private law. The part of the sport public law regulates the public institutions of the sport (for example: Ministry of the Human Resources, State Secretary of the Sport Affairs, etc.), other institution (for example: public organizations within this public bodies: Hungarian Olympic Committee, etc.), the certain levels of the state management responsible for sport and the system of the public procurement for sport. In one word the sport public law is the sport public administration law which is also include the sport public administration procedure law. The sport private law includes the legal status of the athletes, the insurance and liability of damages of the athletes and other private legal relationships (for example: personality rights of the athletes).
In the Sports Law heading I discuss the international organizations which are working in the sport. For example without the need for completeness: International Olympic Committee, International Court of Arbitration for Sport (CAS), International Anti-Doping Agency (WADA, their motto is ,,play true”), etc. Considering the above-mentioned facts, the Sports Law regulates a very large area, so it is very important that this area of the law has to be highly regulated.

Information on the more important changes of the Act XCIV of 2020 on the amendment of Sport Act regarding to the Olympian Annuity

Some provisions of the Act I of 2004 on the Sport (hereinafter: Sport Act) is amended in the recent past days. The changes affects the rules of the Olympic Annuity and the rules of the Right to Entry. The affected provisions are the following:  Sport Act Sec. 33, 59, 60, 78/N and 78/O.

The Act XCIV of 2020 on the amendment of Sport Act regarding to the Olympian annuity hereinafter referred to as Amendment Act 7. The Act XCV of 2020 on the amendment of Sport Act regarding to the Right to Entry hereinafter referred as: Amendment Act 8.

The Sport Act Sec. 59 (3) is replaced by the following provision: ,,(3) the widow of the deceased medalist athlete is entitled to the Olympic annuity for the rest of her life from the month following the death of the athlete if she is an Hungarian citizen and she was the spouse of the medalist athlete in the time of the athlete’s death or she lived with him in common household without interruption in the previous 5 years of the athlete’s death.”

The Sport Act Sec. 60 (3) is replaced by the following provision: ,,(3) the widow of the deceased medalist athlete is entitled to the half part of the athlete’s annuity. The widow is entitled to the whole annuity of the athlete until their common minor child become adult person.”

The subtitle of the enter into force and transitions provisions of the Sport Act will be added with Sec. 78/N:

,,Sec. 78/N (1) If the person who is eligible for the widow’s annuity at the entry into force of the Amendment Act 7, after the entry into force of the Amendment Act 7 pursuant to its Sec. 60 (3) the person will be entitled to the whole widow’s annuity. The launch of the administrative procedure will be started by the application of the entitled person. Pursuant to this subsection from the entry into force of the Amendment Act 7, until the transfer of the altered amount of annuity for temporary period, the difference shall be paid with the altered amount of annuity in the value increased by the central base rate.

(2) If the widow of the medalist athlete is entitled to the Olympic annuity when the Amendment Act 7 enters into force, pursuant of its sec 59 (3) the widow will be entitled to the annuity which will be determined by the application of the entitled person according to this subsection.

This law will enter into force the day after its proclamation.

Information on the more important changes of the Act XCV of 2020 on the amendment of Sport Act regarding to Right to Entry

The following point e) is added to Sport Act Sec. 33 (2):

,,(1) The right to enter (right to enter) in the competition system (championship) can not be negotiable, the contract to that is void. The new point e) is an exception if:

e) the sporting enterprise with the right to entry formate a business association  for the purpose of participating in the same or higher league class of the competition system announced and organized by the same sports association. The right to entry shall be negotiated to the business association mentioned above by the sporting enterprise with the prior consent of the same sports federation and the sporting enterprise has no public due.

The following Subsection 2b is added to Sec. 33:

,,The sports federation may deny its prior consent to the conferment in accordance with point e) if the conditions of the conferment does not comply with the legal requirements and conditions determined in rules of the sport association. The body of the sport association which is marked in rules of the sport association, it may ex officio or upon request examine that the conferment of right to entry in accordance with the Section 2 point e) is aimed at breach of the conferment of right to entry. Based on the result of the examination, the sport federation delivers its reasonable decision with willing to taking into account all of the circumstances of the case that the sport association affected with the transfer of the right to entry whether it can participate in the competition system. The affected sport association may bring an action before the court or it can choose the arbitration against the decision of the right to entry of the sport federation within 30 days of the limitation period from the date of the communication of the decision.”

The following Sec. 78/O will be added to the entry into force and temporary provisions of the Sport Act:

,,Pursuant to the Sec. 78/O the section 33 (2) point e) and subsection 2b of the Amendment Act 8 shall be applied during the entry into the Championship of 2020-2021 too.”

This law will enter into force after 5th day of its proclamation.

Hungarian Gazette 2020 Issue 170



Short summary of the decision of the CAS

The appeal of Manchester City Football Club was endorsed by the CAS. It means that the sports club can take part in the UEFA Champions League. The Manchester City Football Club also avoided to pay off the bigger part of the penalty that was imposed by the UEFA.

The UEFA previously implied Manchester City Football Club for 30 million Euro penalty because the sports club has breached the rules of its operation and the financial rules of UEFA. The club has spent more money for its needs than of its total income. This means that the club expense was greater than its income. Besides of the aforementioned facts, the UEFA has expelled the football club from the UEFA Champions League for 2 years.

The sports club has filed its appeal to CAS because the sports club did not agree with the allegations of UEFA. The Court of Arbitration for Sport has determined that the bigger part of the allegations of UEFA was ungrounded or time-barred therefore the CAS endorsed the football club’s appeal.

As the result of the award delivered by the CAS, Manchester City Football Club will not be expelled from the Champions League and the club has to pay only 10 million Euro instead of 30 million Euro penalty. The sports club was acquitted from the UEFA decision by the decision of the Court of Arbitration for Sport. According to the CAS decision, the sports club can take part in the Champions League.

The award of the CAS is 35 pages and it contains every single significant points about this case. The whole decision is available down below of that article. If you are interested in more details in connection with this case, please visit the website of the CAS.

Court of Arbitration for Sport official website

CAS 2019/A/6298 Manchester City FC v. UEFA



Measures in connection with the organizations of the sports events and sports training

Pursuant to the Government Decree No. 170/2020 (30 April) on the Sports Events and Sports Training from today (4 May 2020) (hereinafter: decree) which is published in the Hungarian Gazette Issue 96. Under the strict following of the provisions of that decree, the sports events and trainings can be held from this Monday.

The organizing of the sports events and trainings are permitted in the whole territory of Hungary by that decree. The sports events can be held in locked circumstances without spectators. The decree also permits the attendance in the sports events which organized by the sports club or the attendance in the trainings of amateur sports, the leisure sports and mass sports (grassroots sport).

Furthermore the decree states that its provisions shall be still applicable if the decrees on the curfew or on the defensive measures provides otherwise.

The horse racing also shall be considered a sports event under that decree.

The decree will enter into force on 4 May 2020.

That decree will be prolonged by the Government until the end of the pandemic period regulated by the Decree No. 40/2020 (11 March) on the Proclamation of the State of Emergency.

Source: pexels.com


The Sports Law is a widespread field of law, which includes the main fields of law. For instance: Civil Law, Criminal Law, Constitutional Law or Administrative Law.

The Sports Law not only consists of the traditional fields of law. It also includes the following fields of laws: Health Law, Insurance Law, International Law, International Private Law, Competition Law, Public Procurement Law, etc.

It can be seen well, that the Sports Law is a mixed specialized field of law which covers almost every fields of laws. The Sports Law is a relatively young field of law, which is for today a separate, individual professional field in the legal science.

I. Introduction; the short story of the sport as legal institution

The sport has been exist for long time, but its legal regulation was formed later. The Sports Law was formed precisely in the end of the 18th and the beginning of the 19th century. This time has evolved the classical rights of freedom and later the political and civil rights. The citizenry was meant the same with of the notion of the nation. The right of freedom and political rights were not just behooved to the individual, but the nation too. This rights are called first-generation fundamental rights. This rights are for instance: the right to life, the right to human dignity, right to personal liberty, the right to assembly, etc.

In 19th century, the social state was established and began to take care of its citizenry. The second-generation rights were emerged. This rights are the social rights, for instance: right to employment and right to health care, etc.

The healthful services have evolved with the institutionalization of the right to health care. The sport was such an activity.

Internationally, the sporting legislation evolved in the 20th century. On 16th December 1966 the United Nations (hereinafter: UN) General Assembly adopted International Covenant on Economic, Social and Cultural Rights, its Article 12 states that ,,the States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.” [Princzinger, 2010.] The same aim is formulated in the UN Convention on the Rights of the Child too (20th November 1989). The international basis of the Sports Law was created by the adoption of these two conventions. By the ratification of these two conventions, their contents were compulsory for the member States. The contents of these two conventions gradually implemented into the particular member States national sporting legislation regulation.

In Hungary before and after the Reform Age (1825-1848), the physical activity and the physical education were regulated by one-one draft act, but they were not made mandatory. During the Bethlen Consolidation (1921-1931) the Act LIII of 1921 on the Physical Education was adopted, which was marked the physical education as a State task. In the Socialism the sport was under State control. It can be seen well, there was not unified sport legislation.

For the first time in Hungary, unified sport legislation emerged after the regime change. The basis of the sport legislation was created by the Act XX of 1949 on the Republic of Hungarian Constitution (hereinafter: old Constitution). Its Sections 67 (1) and 70/D (1) gave entire existence to the Sports Law in the frame of the State.

The Constitution ,,Article 67 (1) In the Republic of Hungary all children have the right to receive the protection and care of their family, and of the State and society, which is necessary for their satisfactory physical, mental and moral development.”

The Constitution ,,Article 70/D. (1) Everyone living in the territory of the Republic of Hungary has the right to the highest possible level of physical and mental health.”

,,(2) The Republic of Hungary shall implement this right through institutions of labor safety and health care, through the organization of medical care and the opportunities for regular physical activity, as well as through the protection of the urban and natural environment.”

In Hungary on 1st January 2012 entered into force the Fundamental Law of Hungary. The Fundamental Law of Hungary, Article XX states the following:

,,Article XX (1) Everyone shall have the right to physical and mental health.”

,,(2) Hungary shall facilitate the enforcement of the right referred to in Paragraph (1) by ascertaining that the agricultural sector is free of all genetically modified organisms, by providing access to healthy foodstuffs and potable water, by the protection of occupational health, by health care institutions and medical care, by supporting sports and regular physical exercise, as well as by ensuring the protection of the man-made and natural environment.”

It can be seen well that the contents of the two sections are the same aside from small differences. Next to the two Constitutions, the Sports Law were regulated by two former law and nowadays this field of law is regulated by one new applicable law. The two former laws after the regime change were the Act LXIV of 1996 on the Sports Law and the Act CXLV of 2000 on the Sports Law. These laws were repealed. Today, the Sports Law is regulated by the third law which is the Act I of 2004 on the Sports Law (hereinafter: Sports Act or third Sports Act). 

So today the Sports Law is regulated by the Fundamental Law of Hungary and the third Sports Act. Next to these two laws, this field of law is regulated further more other laws and decrees.

In the last 30 years after the regime change, the three created and enacted Sports Act show well that the regulation of the Sports Law got stable basis since a unified act regulates the Sport as an equipment of the healthy life.

All in all, based on this short story of the Sport, it can be stated that for today, the Sports Law is a mixed field of law in the legal science.

Source: 2sec.com

II. The concept of the Sports Law

The Sports Law is a set of legal norms which governing sport. The Sports Law entirely regulates the physical exercise and the body-building  activity. 

According to the European Sports Charter Article II: ,,”Sport” means all forms of physical activity which, through casual or organised participation, aim at expressing or improving physical fitness and mental well-being, forming social relationships or obtaining results in competition at all levels.”

The set of rules of the Sports Law is consisted of legal norms like other fields of law. The norm is general rules of conduct which is the smallest element of the law that can bear meaning. The norm has three parts: the hypothesis (condition), the disposition (facts) and the sanction (legal consequences).

III. The legislation of the Sports Law

As previously referred, the Sports Law is a mixed field of law which is regulated by many another law. Here is a short list of the most important acts and decrees.

  • Fundamental Law of Hungary
  • Act I of 2004 on the Sports Law
  • Act V of 2013 on the Civil Law
  • Act C of 2012 on the Criminal Law
  • Act I of 2012 on the Labor Law
  • Act CLIV of 1997 on the Health Care
  • Act LXV of 1996 on the Arrangement of Property for Sport
  • Government Decree 39/2004 (12 March) on the Liability for Sport Disciplinary
  • Government Decree 43/2011 (23 March) on the anti-doping activity
  • Government Decree 41/2004 (12 March) on the Olympic Life Annuity
  • Decree of Ministry for Sport and Youth (MSY) 7/2001 (4 Oct) on the Employment of Young Worker with Compulsory Education for Sport, etc.

List of the literary sources:

  1. Princzinger Péter: Sportjog I. Budapest, ELTE Eötvös Kiadó, 2010.
  2. Sárközy Tamás: Magyar Sportjog – Az új Polgári Törvénykönyv után. Budapest, HVG ORAC Lap-és könyvkiadó Kft., 2015.
  3. Nemes András: Jogi és sportjogi ismeretek. Budapest, HVG ORAC Lap-és könyvkiadó Kft., 2011.
  4. European Sports Charter Article II
pexels.com

The Act I of 2004 on the Sport (Sports Act) has been amended!

As a member of the SPORTJUS Hungarian Association of the Sport Law and as a Sports Lawyer, I am committed to inform every single athlete about the recent past amendment of the Sports Act, based on the information of the SPORTJUS. The Hungarian Assembly submitted the government’s bill No. T/3371. on 10th December 2018. which is amended the Act I of 2004 on the Sport (Sports Act).

The government’s bill has already been submitted and published since more than 4 months, but I could not present it in the recent past period because of the temporary out of service of my website and its following renovation. If someone was not  informed about the December amendment of the Sports Act, it can be viewed at down below of my article in PDF format.

The amended Sports Act contains some new interesting legal institutions. I will list some of them for instance: the new sports academic system, the registered leisure athletes. Next to the aforementioned legal institutions, new rules have also been introduced. Such a new rules are for instance: the rules of the data processing of the athletes, the State aid for TAO (Corporation Tax) and the State aid for the spectacle (sight) team sport, State aid for Sport, Olympic life annuity, the provisions of the security of the events for Sports, the organizer of the Sports events, the data for the system of the sports information, the rules related to the annuity for the trainers and the amended rules and its supplements for the anti-doping, etc.

It is very important for the sport experts, especially to the sports organizers and the professional leaders the interpretation about these new rules and provisions of the Sports Act, because they are necessary to their everyday work. In case of any further questions, they can ask for help from a sports lawyer expert.

You can find down below the government’s bill No. T/3371 in PDF format. The document is available in Hungarian.

30th April 2019. at Budapest

Best regards,

Zoltán Ferenc Samkó J.D.
Sports Lawyer