Structure: Judicial & Other Bodies

Ethics Panel
More Less

FIBA bears the responsibility to safeguard the integrity and reputation of the sport of basketball worldwide and is constantly striving to protect its image from jeopardy or harm as a result of immoral or unethical activities, methods and practices (FIBA Internal Regulations, Book 1: art. 16).

With this in mind, FIBA’s regulations include a strict Code of Ethics, that applies collectively and individually to FIBA’s membership, employees, officials directly and indirectly affiliated to FIBA. It also applies to organisers of FIBA Competitions and events, as well as those bidding for the right to host them.

Established under Article 35 of the FIBA General Statutes, the FIBA Ethics Panel oversees the observance of the Code of Ethics as set out in the FIBA Internal Regulations (Book 1: art. 16-55).

Composition of the FIBA Ethics Panel

The Ethics Panel consists of six persons of “elderly statesmen” status appointed by the Congress. The Ethics Panel elects one of its members to be chairman of the Panel (FIBA General Statutes: art. 35.3)

Role of the Ethics Panel

The role of the Ethics Panel is to examine possible breaches of the Code of Ethics and to report on its inquiries and deliberations (FIBA Internal Regulations, Book 1: art. 44).

The principle of confidentiality shall be respected strictly by the FIBA Ethics Panel in all of its activities (FIBA Internal Regulations, Book 1: art. 45).

Alleged breaches of the Code may be referred by the following to the Ethics Panel for consideration:

  1. The President of FIBA
  2. The Central Board
  3. The Secretary General
  4. National member federations
    (Book 1: art. 46)

Referrals must related to alleged breaches of the Code within the previous five years (Book 1: art. 48).

After appropriate enquiry and consideration of the matter, the Panel will either dismiss the referral or make a prima facie finding of breach/es of the Code of Ethics together with its recommendation/s to the Secretary General or to the Central Board, as appropriate (Book 1: art. 51).

The Ethics Panel also prepares a report for the Congress (FIBA General Statutes, art. 35.2).

Sanctions

The Ethics Panel has no direct power of sanction. The Secretary General and/or the Central Board may either deal with an adverse prima facie finding of the Ethics Panel in keeping with their respective authority or may decide to refer a matter to the FIBA Disciplinary Panel for formal hearing under FIBA’s disciplinary processes (Book 1: art.53).

Where a basketball party is found to be in breach of the Code of Ethics, sanction/s may include (in addition to those set out in Chapter VI of Book 1 of the FIBA Internal Regulations):

  1. For an individual: a monetary fine as per article 1-233 [Book1: art. 233] and/or suspension or removal from office;
  2. For organisations: a monetary fine as per article 1-233 Book 1: art. 233] and/or suspension of membership or statutes as a basketball party. (Book 1: art. 54).

National member federations may deal with alleged breaches of the Ethics Code within their own respective jurisdiction through their own processes unless the allegation of breach involves the national member federation itself, in which case in which event the matter will be for the FIBA Ethics Panel to consider. Where FIBA is of the view that a national member federation has failed to either investigate appropriately an alleged breach of the Code of Ethics or to impose an appropriate penalty, then FIBA may undertake its own investigation and/or fix its own penalty (Book 1: art. 55).

FIBA Code of Ethics
  • Demonstrate loyalty to FIBA and its principles, as well as to the sport of basketball;
  • Embrace honesty, integrity, and respectability as being core to all basketball activities and never knowingly provide false information to others;
  • Not engage in any criminal or otherwise improper activities, either within or outside basketball;
  • Observe the FIBA General Statutes and Internal Regulations, other rules and regulations and decisions of FIBA;
  • Honour all contracts related to basketball
  • Refrain from activities that might affect the outcome of basketball games such as:
    • Accepting gifts, payments by players or officials
    • Offering gifts, payments to players or officials
    • Betting
    • Doping
    • […]
  • Ensure that discrimination, harassment, vilification and/or abuse are not tolerated at any level;
  • Administer basketball organisation in a transparent and fair manner, free from bias and corruption and through open and democratic elections and processes;
  • […]
Disciplinary Panel
More Less

Established under Article 36 of the FIBA General Statutes, the FIBA Disciplinary Panel adjudicates at a world level on sanctions for a wide variety of matters outlined in the General Statutes or the FIBA Internal Regulations, as well as any other matter referred to it by the FIBA Secretary General. This includes but not limited to:

  • A
  • B
  • C
  • D
  • E
  • F
  • G
  • H

Please note that the information about the FIBA Disciplinary Panel procedures in this page is for basic informative purposes only. For the exact, legally-binding and most up-to-date Disciplinary Panel regulations and processes, always refer to the FIBA Internal Regulations – General Provisions (Book 1, art. 142-151).

Basic principles

Any entity/person who is subject to proceedings before the Disciplinary Panel has the right to be heard, and may have one legal representative and one representative of its/their National Member Federation present to assist it/them at a hearing. Witnesses may be called at the discretion of the Chairman of the Panel (Book 1: art. 143).

Members of the Disciplinary Panel for a particular hearing shall be of neutral nationality (Book 1: art. 146).

Hearings may be conducted in person, by telephone, by video conference, or through consultation in the written form (Book 1: art. 147).

Appeals against decisions of the Disciplinary Panel may be lodged with the FIBA Appeals’ Panel (Book 1: art.149).

Composition

The Chairman of the FIBA Legal Commission acts as the Chairman of the Disciplinary Panel (Book 1: art. 150).

Up to five other members of the Disciplinary Panel shall be appointed to a pool by the Secretary General, and the Secretary General and the Chairman of the Disciplinary Panel shall decide a minimum of two members who will adjudicate on a particular case. If the Chairman of the Panel is not one of those nominated, the Secretary General shall designate an alternate Chairman for that hearing (Book 1: art. 151).

Appeals’ Panel
More Less

The Appeals’ Panel hears and rules on appeals filed by an affected party against decisions of FIBA including its organs and disciplinary bodies. , unless such appeal is the competence of an Appeals’ Panel of a FIBA Zone or expressly excluded in the FIBA General Statutes or Internal Regulations. The Disciplinary Panel does not, however, hear appeals that related to decisions by referees or table officials during games or at the conclusion of games. Such decisions and appeals are dealt with in accordance with the Official Basketball Rules and the regulations governing the conduct of competitions.

The appealing party has the right to have their appeal heard in a hearing, to be represented by legal counsel, to make written submissions and to present evidence at the hearing.

Please note that the information about the FIBA Appeal’s Panel and appeal procedures in this page is for basic informative purposes only. For the exact, legally-binding and most up-to-date Appeals’ Panel and appeals regulations and processes, always refer to the FIBA General Statutes (art. 37)and the FIBA Internal Regulations – General Provisions (Book 1, Chapter VII.).

Composition

The FIBA Appeals’ Panel has a four year term identical with that of the Central Board. It consists of a Chairman and a minimum of six other members and is elected by the FIBA Central Board, from a list of put forward by the FIBA Secretary General. All members must have legal training. (FIBA General Statutes art. 37)

Procedure
  1. Appealing party files a written statement of appeal, which must be received by FIBA within the time limit provided for in the FIBA General Statutes in Internal Regulations. In the absence of such a time limit the statement of appeal must be received by FIBA within 14 days following receipt of the decision being appealed against. The appeal proceedings are subject to the payment of a non-reimbursable fee to be received by FIBA within the time limit for appeal. Appeals do not have suspensory effect unless ordered otherwise by the chairman of the Panel.
  2. The Chairman of the Panel fixes a deadline for the submission of the full reasons of the appeal and the answer (unless the applicable regulations provide that they must filed together with the statement of appeal). The Chairman of the Appeals’ Panel also fixes the amount of an advance on costs for legal proceedings (which is paid in addition to the non-reimbursable fee). The Appeal will not go forward unless this advance is received by FIBA.
  3. The Chairman of the Panel constitutes a Jury of Appeal as outlined in the Internal Regulations. Persons employed at FIBA or holding a position within FIBA may not be appointed as judges. The judges must be independent of the parties and may not be of the same nationality as the appealing party.
  4. The appealing party submits the grounds for the appeal and the answer, a copy of the decision appealed against as well as any additional documents, evidence or exhibits. Unless exceptionally authorised to do so by the Chairman, no additional documents, evidence or exhibits will be accepted after this stage.
  5. The appealing party is heard by the Jury of Appeal. In ordinary appeals, hearings take place within four weeks following the receipt by FIBA of the statement of appeal. Appeals against warnings, reprimands or financial penalties are heard once every quarter.
  6. The award is rendered by majority decision within four weeks following the date of the hearing. Brief reasons must be given. The award has immediate effect unless ordered otherwise by the Chairman of the Panel.

A further appeal against the decision by the Appeals’ Tribunal can only be lodged with the Court of Arbitration for Sport in Lausanne, Switzerland, within 30 days following receipt of the reasons for the award. The Court of Arbitration for Sport shall act as an arbitral tribunal and there shall be no right to appeal to any other jurisdictional body.

The Appeals’ Panel has the following duties:

  • To hear and decide on appeals filed by an affected party against decisions of FIBA, including its organs and decisional bodies, unless such an appeal is expressly excluded in the General Statutes or the FIBA Internal Regulations.

  • To prepare in consultation with the Legal Commission the regulations governing Appeals for approval by the Central Board.

  • To consult with and to suggest to the Legal Commission any amendments to the General Statutes or the FIBA Internal Regulations.
Nominations Panel
More Less

The Nominations Panel of FIBA was introduced with the new FIBA General Statutes of 2014. Its purpose is to rule on the eligibility of persons nominated for election to various official FIBA positions and bodies, especially in view of the geographical and gender criteria outlined in the General Statutes and other criteria outlined in the Internal Regulations of FIBA.

Beyond verifying the eligibility of nominations, the Nominations Panel also makes recommendations as to the vision, skill and expertise that the nominated persons could bring to FIBA.

The Nominations Panel consists of the outgoing President of FIBA, the FIBA Secretary General as well as three persons appointed by the FIBA Congress, upon the proposal of the President and Secretary General.

Court of Arbitration for Sport (CAS)
More Less

Subject to articles 14.1.13 and 32.2, any dispute arising from these General Statutes, the Internal Regulations, other rules and regulations, and decisions of FIBA that cannot be settled by the FIBA internal-appeals process shall be definitively settled by a tribunal constituted in accordance with the Statutes and Procedural Rules of the Court of Arbitration for Sport (CAS), Lausanne, Switzerland.

The parties concerned shall undertake to comply with Statutes and Procedural Rules of this Court of Arbitration for Sport and to accept and enforce its decisions in good faith. (FIBA General Statutes, art. 38)