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Commentary of the Macolin Convention against the Manipulation of Sport Competitions

Titre du projet
Commentary of the Macolin Convention against the Manipulation of Sport Competitions
Description
The manipulation of sport competitions (sometimes also called “match-fixing”) is not a new phenomenon; indeed, match-fixing scandals and case-law can be traced back to the 18th century ; however, the coordinated and global fight against this menace has only recently become a priority for lawmakers and sport organizations. The scale of this phenomenon – which affects all countries, all sports and all levels of practice, including kids’ leagues – has been documented since the beginning of the 2000's . Greater commercialization of sport, including through the extraordinary growth of online sport betting, and the extensive media coverage given to it have led to an increase in the economic stakes involved in achieving sports results. This in turn has encouraged an unprecedented development of corrupt practices – some of which are conducted by members of organized crime – which can evidently not be tackled by sports organizations alone. Case-law regularly emerges in many countries, including in Australia, Austria, Belgium, Czech Republic, Finland, France, Germany, India, Italy, Poland, Portugal, Switzerland, Malta and UK, as well as in front of the Court of Arbitration for Sport in Lausanne.

In the context of this rampant increase of competition manipulation and of related crime, a ground-breaking international instrument was adopted in 2014, under the auspices of the Council of Europe: the Convention on the Manipulation of Sports Competitions (hereinafter, the “Convention” – also called the “Macolin Convention”, because it was signed in the “capital” of Swiss sport, the small city of Macolin/Magglingen).

The Convention – which has a global scope – has entered into force on September 1st, 2019. It represents an unprecedented legal instrument destined to effectively fight against competition manipulation worldwide. The Convention raises many interesting legal questions, notably linked to its very diverse stakeholders (governmental authorities but also private bodies such as sport organizations and betting operators, which were directly involved in the drafting of the Convention and are directly targeted by the obligations provided therein) and to its substantive and procedural criminal law provisions, especially in the light of their conformity with human rights standards and with the fundamental principles of law. Moreover, the Convention innovates by providing a bold mechanism for exchange of information between all relevant stakeholders (both public and private entities), notably through the creation of national platforms that act as online “information hubs”.

These challenges undoubtedly raise interesting and complex legal issues that are largely unexplored.

Through the proposed Commentary of this Convention and of its Explanatory Report, the Applicants seek to analyze, in a systematic, comprehensive and critical way, the new legal parameters which apply to match-fixing in a global context. They endeavor to scrutinize all its legally relevant aspects, in the light of case-law and doctrine. The result of this research shall be a complete Commentary of the Convention, which is aimed at becoming a “must have” handbook for any lawmaker or lawyer dealing with the thorny issue of match-fixing.
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Ongoing
Date de début
1 Juin 2020
Date de fin
31 Mai 2023
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Identifiant interne
42735
identifiant
https://libra.unine.ch/handle/123456789/2162
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The court of arbitration for sport jurisprudence on match-fixing: a legal update

2021-3-17, Diaconu, Madalina, Kuwelkar, Surbhi, Kuhn, André

The Court of Arbitration for Sport (CAS) jurisprudence on manipulation of sports competitions has vastly evolved from its initial award in RSC Anderlecht in 1998, to now Labuts in August 2020. Alongside, international and national regulations, as well as sporting regulations, including, most recently, the Council of Europe’s Macolin Convention on the Manipula-tion of Sports Competitions, have sought to effectively tackle the omnipresent, ever-growing phenomenon of competition manipulation. Against this backdrop, this article briefly outlines the existing legal landscape on manipulation, followed by a chronological detailing of each CAS issued award. The key aspects of defining such sanctionable behaviour, select issues of standard of proof and types of evidence which are admissible and relied on, as well as the manner and quantum of sanction are then analysed. Ultimately, noting empirical trends across these awards, questions on ne bis in idem, proportionality of sanctions and legal certainty across CAS jurisprudence are raised.

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40 Commentaries of the Macolin Convention on the Manipulation of Sports Competitions

2024, Diaconu, Madalina, Kuwelkar, Surbhi, Kuhn, André, Rigozzi, Antonio

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The Concept of Manipulation under the Macolin Convention

2022-9-15, Diaconu, Madalina, Kuhn, André, Kuwelker, Surbhi

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