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19 ESLJ 1 (2021-2022)

handle is hein.journals/entersport19 and id is 1 raw text is: ENTERTAINMENT ANL Begovic, M. 2021. Sports Law in Montenegro: Origins and SPORTS LAW OUR I. Contemporary Development. Entertainment and Sports Law Journal, 19: 1, pp. 1-8. DOI: https://doi.org/10.16997/esl.912 ARTICLE Sports Law in Montenegro: Origins and Contemporary Development Marko Begovic University 'Union-Nikola Tesla', RS marko.hegovic@fzs.edu.rs This article represents a contribution to debates on national sport-related legislation, noting that aca- demic engagement in the Balkan region has been silent on this matter. That said, the aim of this article is to present the historical developments of sports law in Montenegro, and to locate major developmental changes and dynamics within the contemporary setting. The end of the 19th and the beginning of the 20th century marked the first regulatory mechanisms for sports in Montenegro, adopting its organiza- tional structure, internal regulations and procedures. The major changes occurred during the socialist period vis-a-vis organizational setting with the introduction of the delegate system with democratization and decentralization as the core principles. The decline of socialism has led to the dissolution of Yugo- slavia resulting in the liberalization of the sports system dismantling the concept of physical culture. In contemporary developments, institutional setting and legal framework are more subject to political bar- gaining with strong state intervention and centralization in terms of policy planning and implementation. Keywords: Montenegro; sports law; athletes; development; legal entities; sports history Introduction The expression 'State Law' was first used by Hegel, referring to his position that the state was the only source of legal power in a society (Dordevi6 1975: 6). The state and legislation are complementary to one another, keeping in mind that both are the result of regulation of the social framework and constraints that follow This further involves the applica- tion of the law through the behaviour of subjects following the norms and extraction of rights and obligations (Luki6 1957). The basic elements of the legislation are norms; grouped, they constitute the legal institute that regulates a particular social constellation, domain or activity. Such order further implies public jurisdiction for all parties under the competent authority, that is, with a recognized nexus, particularly through the convergence of the national legislation with provisions from international norms, customs and standards. As is vital for broader societal development, sports is subjected to a wide range of policymaking and planning in the community, such as health, social welfare, educa- tion, urban planning, conservation, arts and leisure. It plays an important role in the society contributing to cohesion processes (Bergsgard et al. 2007). Therefore, regulation of the sports, the role of the related public authorities and the position of sports stakeholders are crucial aspects to facilitate and to support the social function of sports. Of particular interest in exercising the full benefits of sports is regulating cooperation between public authorities and sports move- ment. The level of involvement depends on the normative framework of the sports system in a given society. Andre-Noel Chaker's study (2004) shows that there is no unique approach regarding the legal position of the sports system at the Pan-EU level. Thus, the White Paper on sports acknowledges limits of EU cross-national legal limitations and attempts to act where necessary (sports as economic activity). Furthermore, it emphasizes the self-regulating principles and particular legal systems of the global sports movement that strengthen the autonomy of sports organizations through establishment of the globally harmonized lex sportiva. The nature of cooperation, jurisdiction and responsibility among stakeholders depends on the constitutional and legal system. That said, the aim of this article is to present the historical developments of sports law in Montenegro, and to locate major developmental changes and dynamics. As this work represents a pio- neering venture, it will both contribute to the existing literature and represent a basis for more in-depth studies. Early Normative Arrangements In this section, I am going to briefly illuminate early normative arrangements that have resulted as a foundation for the contemporary development of sports law in Montenegro. General sociopolitical conditions for the development of organized sport were aggravated due to the continuous wars, the economic crisis, poverty and diseases (Radunovi6

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