Education

Access to Tad and the European Court of Human Rights opinion

1. It was recently reported – with inaccuracy, it seems to us – that the European Court of Human Rights (TEDH) condemned the Portuguese state to pay 10300 euros, as compensation, Yahma Mendes Ramirez, Olympica in 2012, the current coach of the Rio Mall. It might be the most beneficial grant, claimed to face the sporting results achieved (17 in these games). Do not agree with such a decision, Yahima was aiming to challenge her in the TAD Arbitration Court (TAD). It arrived here, in the face of the costs associated with achieving the right to justice, sought legal assistance (which is denied by social security and the Santarim Court).

2. In the face of this realistic framework, it was drawn here for a short period, the next step was to file a complaint to the TEDH to violate Article 6 (1), the first part of the Human Rights Protection Agreement and basic freedoms: Any person has the right to be examined by his case, a fair and a public sign, within a reasonable period by an independent and consistent court. This right will be violated, in this case, through the high costs of those who resume in front of TAD.

3. The fourth section of Tedh decided on February 27. In any sense? In good accuracy, TEDH is not known about the kindness of Yahima Menéndez Ramiréz, because he saw himself in front of the official statements of the parties – training and Portuguese state – which accepted a friendly solution to the conflict. TEDH decided as follows: “The court received the data of the friendly transactions signed by the two parties, according to which the applicant agreed to waive any other claims to compensate against Portugal regarding the facts that led to the current request, according to the government’s commitment to pay the amounts referred to in the associated (a total of 10,300 euros). From the court’s decision.”

“The court records the friendly agreement that has been achieved between the two parties. It believes that the agreement depends on respecting human rights as specified in the agreement and its protocols and does not find any reasons that justify the continued analysis of the request.”

4. It was up to Decree No. 301/2015 on September 22 to determine the rate of arbitration and the process fees according to the necessary arbitration, as well as the rates related to separate actions. This law was changed through Decree No. 314/2017 on October 24 and now through Decree No. 126/2025/1 on March 24. The cost of accessing TAD, since the beginning of the necessary arbitration and difficulties in reaching legal assistance, is still an obstacle to reaching sports justice, especially when we find sports practitioners on individual methods.

Source link

Related Articles

Back to top button