Abstract [eng] |
This Master‘s thesis analyses transfers in sports, its regulation and problematic aspects in Lithuania and European Union, based on scientific publications and articles by foreign authors, the jurisprudence of the European Court of Justice, the legislation of the Republic of Lithuania and the practice of international arbitration. The study reveals the concept of transfers in sports, the main features of this institute and the globally accepted categories of transfers. In accordance with arguments of foreign authors, thesis reveals which branch of law is responsible for the legal regulation and supervision of transfers. In addition, the study also focuses on revealing the genesis of the legal regulation of transfers, which gives an impression of peculiarities of transfer regulation that existed for more than 100 years and how they are perceived now. The Master's thesis reveals existing model of legal regulation of transfers in the Republic of Lithuania, whilst analysing the legal acts of the Republic of Lithuania and the statutes of national basketball and football federations. The thesis presents essential aspects of transfer regulation, which are or are not ensured by national Lithuanian sports organizations and explains the influence of international sports organizations on the legal regulation of athlete transfers in Lithuania. Furthermore, a dispute resolution system for the transfer of athletes between athletes, sports clubs or sports organizations at EU level is presented, revealing the hierarchy of dispute resolution bodies and the importance of shaping the regulation of the lex sportiva. Also, thesis reveals the current problems of athlete transfer regulations and presents analysis of foreign authors opinions in which the problems are explained and the perspectives of problem solving are given. |