The procedure for settlement of disputes arising out of the Turkish Football Law is regulated by the Law on the Establishment and Duties of the Turkish Football Federation No. 5894 and the Statute and the Dispute Resolution Board Instruction issued by the Turkish Football Federation based on this law. Law No. 5894 on the Establishment and Duties of the Turkish Football Federation was published in the Official Gazette on 5 May 2009 and entered into force.
The procedure for the settlement of contradictions in Turkish Football Law was first regulated by the Law on the Establishment and Duties of the Turkish Football Federation No. 3813 and the instructions issued by the Turkish Football Federation based on this law. Law No. 3813 on the Establishment and Duties of the Turkish Football Federation has undergone some changes with the Law No. 5719, which was published in the Official Gazette on 4 December 2007 and entered into force.
The Dispute Resolution Board, which was established with Article 12 / A of Law No. 3813, and which is responsible for resolving the club footballer disputes arising from the contract, has been made totally dysfunctional with the change of status in the general meeting held on 29.06.2011 in Turkey Football Federation.
II- Resolution of disputes before 04.12.2007
Within the context of the harmonization studies with the national federations that FIFA has launched in 2005, FIFA has requested to amend the Turkish Football Legislation. By examining the Law No. 3813, FIFA has stated that the autonomous structure of football in Turkey is not at the desired level, that FIFA and UEFA framework rules and principles are not adequately specified in the Law, and that judicial structure does not have the necessary independence and that the elimination of these deficiencies should be done by the Turkish Football Federation he wanted. As a result of the harmonization studies on this subject, with the amendments made in Law No. 5719 and Law No. 3813 on the Establishment and Duties of Turkish Football Federation, it became a situation that is more autonomous and fair judging principles.
In accordance with the legislation in force, the TFF Executive Board decided to be the first judicial authority in the disputes arising out of the futbol contracts, and the TFF Arbitration Board could appeal against these decisions. This system did not fit fair trial principles, objectivity and the structure of football law that required expertise. Although the TFF Board of Advisors tries to assist the TFF Board of Directors regarding the disputes in the capacity of advisory board, the final decisions were made by members of the TFF Board of Directors who are not lawyers.
However, another problem was that the members of the TFF Board of Directors consisted of representatives of football clubs. Given that the vast majority of the Board's disputes are disputed club-footballer or club-coach dispute, the objective and impartiality of the proceedings became debatable.
III- Before the amendment on 29.06.2011, the Dispute Resolution Board
With the amendment made on 04.12.2007, the "Dispute Resolution Board" consisting of independent and totally jurists has been assigned as the first degree authority to make the football disputes arising from the agreement no longer. The appeal authority of the Dispute Resolution Board decisions is the TFF Arbitration Board.
The Dispute Resolution Council is a judicial body established by Law no. 5719 amending the Law No. 3813 on the Establishment and Duties of the Turkish Football Federation. The structure of the Dispute Settlement Board and its jurisdiction are explicitly stated in Article 49 / A of the Main Statute on Working Procedures and Principles of the TFF and Article 12 / A of the Law on the Establishment and Duties of the TFF and in the TFF's Dispute Resolution Board Instruction .
The jurisdiction of the Dispute Resolution Board includes the following disputes:
- Clubs and clubs,
- Clubs and footballers, coaches, coaches, player representatives, masseurs,
- Player representatives with football players, coaches, coaches,
All the disputes relating to football arising out of the contract between the parties on the applicant exclusively and authorized to examine and ties the karate.
The jurisdiction to be mentioned before the establishment of the Dispute Resolution Board by Law no. 5719 in December 2007 was fulfilled by the TFF Executive Board, as mentioned above.
Dispute Resolution Board; It consists of fifteen members, each of which consists of the Chairman of the Federation, the Foundation of Clubs, the Professional Footballers 'Association and the Turkish Football Coaches' Association. The chairman and members of the board must be lawyers with at least five years of professional experience. The term of office of the board is up to the term of the President of the Federation.
The chairman and members of the board should be jurists who have at least five years of professional experience. In addition, professional footballers, technical men, masseurs, player representatives, competition organizers (including those who are active in the elected or appointed boards of professional football clubs) and those who are active in the TFF Board of Directors, Supervisory Board and other board and subsidiary boards or football clubs They can not make dispute resolution board membership.
The Board is independent in its mandate. No member of the Board shall serve in the capacity of the Deputy Dispute Resolution Board or arbitration board. New members can not be appointed unless the members resign or are deemed to have resigned. The new member is notified by the relevant foundation or association if the founding member or association member resigns instead of the resigned or resigned member.
The dispute shall be resolved by the five-member delegations. The delegations consist of two members representing the President of the Foundation and the Clubs Club Foundation and two members representing associations on the basis of disagreement. If both parties to the dispute are clubs, the committee is composed of four members appointed by the Chairman of the Board and the Clubs Foundation. If one of the parties to the dispute is a masseur, the committee consists of two members appointed by the Chairman of the Board and two members appointed by the Clubs Foundation and the Turkish Football Coaches Association.
If one of the parties to the dispute is a player representative, the delegation shall consist of two members to be elected by the Chairman of the Board and the two members appointed by the relevant foundation or association according to the opposing party to the dispute and the members appointed by the association or foundations not forming the disagreement. Members must immediately withdraw from the committee if there is a justifiable reason for serious suspicion of their impartiality.
The Board shall carry out its proceedings under the following principles:
A) Any information obtained during the proceedings shall be kept confidential and shall not be disclosed in any way.
B) During the course of the proceedings, the principles of fair trial shall be adhered to and the equal representation of the parties shall be respected.
C) Board members have to work completely independently from associations and foundations that are throwing themselves. No member of the Council shall be present in any declaration or conduct that will prejudice the impartiality and independence of the judicial proceedings.
D) No member of the Board shall serve in the capacity of a member of the Federation in front of a Board of the Federation.
The committee shall serve as delegations of five people, decisions shall be taken by majority vote, ie at least three members shall be taken by the same direction. All members of the delegation, including the president, are equal. It is necessary to vote in delegations, abstention can not be abstained. A member who abstained from voting or who does not vote shall be deemed not to attend the meeting without an excuse.
The delegations must submit their justified decisions within four months at the latest from the date of application. In the case of a just cause, the delegations may decide to extend these wages on a monthly basis.
Decisions made by the Dispute Resolution Board delegations are finalized by the Arbitration Board with no application within the application period or by decision of the Arbitration Board. Decisions of the delegation will be implemented immediately by the TFF.
The Dispute Settlement Committee shall apply the provisions of the procedure referred to in this instruction during the proceedings and the provisions of other legislation related to the proceedings which are not in contradiction with this order. The Dispute Resolution Board decides on the basis of Turkish Material Law based on the Law No. 3813 on Establishment and Duties of TFF, Main Statute, Federation Instructions and Regulations and FIFA and UEFA Rules.
The authorities resulting from this law of the Dispute Settlement Board, which is solely responsible for resolving the disputes arising out of the contract in Article 12 / A of Law No. 3813, were first removed when the Law No. 5894 entered into force, and served only on the basis of the order issued by the TFF.
IV- After the status change dated 29.06.2011, the Dispute Resolution Board
In the TFF General Assembly dated 29.06.2011, 55th and subsequent articles of the TFF Statement on the Dispute Settlement Board were amended and the Dispute Settlement Board was removed from the dispute resolution board to comply with the parties' wishes. Accordingly, in order for the Dispute Resolution Board to be able to resolve the disputes, the soccer player and the club must apply to the Dispute Resolution Board together after the dispute has arisen, and the dispute resolution board must request the dispute resolution board together.
As a reason for the amendment made under the TFF status, amendment made in Article 59 of the Constitution on 17.03.2011 with the Law No. 6214 has been shown. With the amendment made in Article 59 of the Constitution, the following provision entered into force.
"Only compulsory arbitration can be resorted to against the decisions of the sport federations concerning the management and discipline of sports law activities. Decisions of the arbitration board are final and no judicial authority can be resorted to. "
This amendment to Article 59 of the Constitution does not prevent the need for disputes arising from the contracts to be brought before the Dispute Resolution Board or similar arbitrators or arbitration boards. Moreover, it is not obligatory for the disputes arising from the contracts to be brought to the judicial judiciary.
Nevertheless, it has been shown that the main legal reason for the amendment of the Statute is that the Law No. 6214, which contains the amendment of the Constitution, contains expressions which are inconsistent with the content of the Constitution and that the disputes arising from the contract are brought to the judiciary. Therefore, there is contradiction of the reason of the law of the law with the text of the law.
In the Turkish Law order, it is necessary to determine what reason the laws of origin of the laws of the laws are derived from. It is not possible to determine how the text of the law should be interpreted through the reasons of the article. Otherwise, the Constitution of the Constitution of the Republic of Turkey did not give the authority to interpret the legislative power of the Turkish Grand National Assembly. Interpretation of the laws is a duty of the judge and can not go to the interpretation of the laws through the reasons of the article.
For this reason, the reasons for the substance of the laws do not bind any judicial authority or persons working in areas where the law is applicable. There is no legal justification for the change in the status of the article 6214, which amended in the 59th article of the Constitution, on the grounds that the article is not related to the TFF.
After the amendment dated 12.06.2011, the Dispute Resolution Board maintained the qualification to become a Legal Board under TFF. However, the jurisdiction of the Dispute Settlement Board was discretionary in terms of claim claims arising from the contract. But this old age situation has not been used to this day until the date when the changes were made.
However, the dispute resolution board has exclusive authority for sportive punishment and dispute for breeding indemnity.
The formation of the Council with the jurisdiction of the Dispute Resolution Board has also undergone a series of changes. The Board has determined that the HMK shall be composed of arbitrators or referee delegations to be selected in accordance with the procedure for appointment of arbitrators arranged between articles 407 and 444. According to this;
Selected from the list of at least one hundred persons created by the Board of Directors of the arbitrators