Changes in Polish legislation to do with sporting events - organizer responsibility not only for the health of players. A good example for other legal systems?

Abstract

Introduction: The organization of mass sporting events poses numerous threats not only to athletes, but also to the spectators who participate in an event. Problem and aim: In 2009, in Poland, a law on the safety of mass events was enacted which comprehensively regulates the issue of organizer obligations and which is primarily to do with those participants of mass events who do not participate in sporting competitions. In practice, however, the act raises much doubt and the stringent effect of it is felt not only by spectators, but above all by organizers of mass events, which are often sporting clubs. The act on the safety of mass events also raises much doubt as to whether it complies with the fundamental principles of the rule of law; for example, the right of a person to a fair trial. Methods of research: The main method used for this publication was formal-dogmatic research, which mainly involved an analysis of the provisions of the act on the safety of mass events. Additionally, the study interpreted decisions of courts, opinions in jurisprudence, and to a minor extent involved comparisons; legalhistorical methods were also used. Results: Sporting mass events are one type of mass event in Poland. An organizer is responsible for the safety of an event and the main duties of the organizer appear in the Polish act on the safety of mass events. The effect of unclear provisions in the act mean that there can be observed in jurisprudence and literature a tendency to extend the liability of an organizer for damages to an absolute liability; i.e., which liability always applies, regardless of whether the organizer undertook the duty of care that was required in the situation. Conclusion: The very idea of enacting legislation to ensure, comprehensively, the safety of spectators of such sporting events should be considered to be perfectly proper. The Polish law on the safety of mass events is an example of the tendency that is occurring in some European countries to regulate the obligations of organizers not only in relation to athletes, but also in relation to spectators. However, the example of the mentioned act indicates that an overly stringent application of legislation could have an opposite effect, which would be imposing on an organizer obligations that are impossible, in practice, to fulfill, and which could mean penal liability and, above all, liability for compensation.