2019, Volume 1, Issue 1
Athletic scholarships granted by local government units in the Polish case-law
Jakub Kosowski1
1Marii Curie-Skłodowska University in Lublin, Faculty of Law and Administration
Author for correspondence: Jakub Kosowski; Marii Curie-Skłodowska University in Lublin, Faculty of Law and Administration; email: jakub.kosowski@lublin.eu
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Abstract
Background: This paper discusses one of the key issues in the field of supporting sport activities by local government units, namely athletic scholarships. It is aimed at providing a comprehensive legal analysis of the above issue, including the abundant case-law regarding this matter. Material and methods: For purposes of the study, the criteria of eligibility for athletic scholarships were divided into subjective and objective criteria. Based on them, the scholarly opinion and case-law on the topic have been analysed. The study has also pointed to often diverse positions expressed in the practice of applying the law. Results: The results of the research lead to the conclusion that it is not possible, under the Polish Sports Act currently in force, to draw up a resolution by a local government unit's law-making body that would fully reflect the intentions of the local government authorities. Thus, this article presents the admissible directions of action by local government units. Conclusions: Several variants of solutions have been proposed in terms of shaping the subjective and objective criteria of eligibility for granting athletic scholarships which are compliant with the law and current judicial decisions of Polish courts. The author is also of the opinion that the provisions of the Act need to be amended, as proposed in de lege ferenda conclusions.
Key words: sports law, athletic scholarships, sports scholarship, local government unit, court decisions, case law