The resolution of the Polish Gymnastic Association exceeds the powers? – To the point

The Management Board of the Association adopted a resolution under which it obliged, among others, players, coaches and judges to have an EU COVID certificate or a certificate of vaccination against COVID-19. be a negative result of the diagnostic test for SARS-CoV-2 ” – we read in a release issued by the Ordo Iuris Institute.

This is not the end, however. The resolution introduced the obligation to have this certificate for players and members of the training staff of the national team and the Polish representation in all gymnastic sports, as well as for all coaches and judges licensed by the Polish Gymnastics Association.

A person concerned about the resolution came to the Ordo Iuris Institute. The lawyers took care of the case.

Exceeding powers

“This regulation goes much further than any statutory solutions adopted by the parliament. In an act of internal law, the Polish Gymnastic Association associates with the possession of a covid certificate with effects unknown to Polish law ”- points out Łukasz Bernaciński, member of the Ordo Iuris Institute Management Board.

“The Management Board of the Polish Gymnastic Association sees the grounds for introducing the above-mentioned obligation in the PZG statute, according to which the Association has certain exclusive rights granted under Art. 13 of the Act of June 25, 2010 on sports. On the basis of this, the Polish sports association has exclusive rights the right to, among others, organize and conduct sports competition for the title of the Polish Champion and the Polish Cup in a given discipline.It also authorizes sports associations to establish and implement sports, organizational and disciplinary rules in sports competitions organized by the association, as well as to appoint a team national and its preparation for the Olympic Games, Paralympic Games, World Championships or European Championships “- we read in the release.

In the opinion of Ordo Iuris lawyers, adopting a resolution in the above form goes beyond the statutory legitimacy resulting from Art. 13 of the Sports Act. Polish sports associations, as indicated in Art. 7 of this Act are created “in order to organize and conduct competition in a given sport”. The Institute emphasizes that the essence of their activities is therefore the broadest, inclusive nature of their functioning.

“The requirement to have an appropriate certificate, introduced by the resolution, in the case of participation in competitions organized under the aegis or patronage of the PZG, carries the features of discriminatory regulations. The effect of this regulation is indirect discrimination against unvaccinated gymnasts who, under this resolution, are temporarily deprived of the right to practice their profession (in the case of professional athletes), or simply their actual competitive activity has been suspended while the resolution is in force. with the functioning of the Union “- emphasizes the Institute.

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