On June 18, 2024, the Ministry of Sport and Tourism (the “Ministry”) published the draft of the Amending the Act on Sports and Certain Other Acts Act (the “Draft”).[1] The draft has already passed the social consultations and review phases and was submitted to the Sejm for further work on October 17. It is submitted for review to the National Bar Council of Attorneys-at-Law, the Polish Bar Council, and the Social Dialogue Council.

The goals to be realized

The main objective of the Draft is to reduce discrimination, violence, and unequal treatment in Polish sports. Work on the Draft was initiated in response to notorious events around the world, including in Poland (e.g., the case of sexual harassment of gymnasts in the USA or the scandal in the Polish Tennis Association). What was emphasized in the justification of the Draft was the necessity of legislative intervention due to the lack of measurable effects of the previous actions undertaken by the Ministry. Among them was the development of the Code of Good Governance for the Polish Sports Associations (“PSA”), whose guidelines have not yet been implemented by many associations because the document was not binding.[2]

New provisions

The Draft adds a new Chapter 6b titled “Counteracting violence and discrimination in sports.” The new provisions are to guarantee, among others:

• representation of each sex in the boards of the PSA,
• participation of representatives of national team players in the PSA boards,
• receiving a 12-month scholarship by national team members after giving birth to a child.

Moreover, the Draft’s authors intended to impose the obligation to make public the issue of counteracting violence and discrimination in sports on sports clubs, sports associations, PSA, and companies managing professional leagues. Additionally, each sports association and PSA will have to appoint a plenipotentiary for counteracting violence and discrimination in sports, among whose tasks will be monitoring acts of violence and discrimination in sports, giving opinions on draft acts and decisions, or taking initiatives within sports events to make the issue of counteracting violence and discrimination in sports public.

A Commissioner for the Rights of Competitors and Other Persons Participating in Sports Competitions will also be appointed. He is to operate under the Minister of Sport and Tourism. Among his duties will be:

• monitoring acts of violence and discrimination in sports,
• making the issues of counteracting violence and discrimination in sports public,
• taking actions to eliminate or limit the effects of violence and discrimination in sports,
• providing opinions on drafts of legal acts regarding violence and discrimination in sports.

Summary

The Ministry’s legislative initiative should be positively assessed. For years, numerous problems concerning discriminatory and violent practices in Polish sports have been highlighted in the public debate. So far, none of the actions taken have contributed to eliminating them. Although the Draft is at the beginning stage of the legislative process in the Sejm, it is worth preparing for the upcoming changes, particularly by evaluating the internal organization. In many cases, significant changes in the personnel or the internal regulations governing sports clubs, sports associations, or PSA may also be necessary.

[1] Uzasadnienie do Projektu – legislacja.gov.pl/docs//2/12386311/13065511/dokument687647.pdf

[2] Zob. orka.sejm.gov.pl/Druki10ka.nsf/Projekty/10-020-239-2024/$file/10-020-239-2024.pdf