Il TAS davanti alle Corti europee: diritti procedurali e tutela giurisdizionale effettiva nei casi Semenya e Seraing

The CAS Before European Courts: Procedural Rights and Effective Judicial Protection in the Semenya and Seraing Cases

Abstract

This paper comments on and compares the Semenya judgment of the Grand Chamber of the ECHR and the Seraing judgment of the EU Court of Justice, which, within a few weeks, addressed the functioning of the Court of Arbitration for Sport (CAS) and the effectiveness of its awards within the European legal system. While framing the issues from a strictly procedural perspective, the Courts certainly did not give up asserting their jurisdiction, seeking to reconcile, in a particularly slippery terrain, the specific needs of an arbitration system structured like CAS and operating at a transnational level with respect for the rights and principles of the European legal system.

Keywords: Sports arbitration; Court of Arbitration for Sport; Sports European Law; Seraing case; Semenya case