Sustainability and law have long been treated as separate topics. Sustainability was considered a voluntary commitment, while the law was allegedly limited to binding regulatory requirements for other areas. Today, this distinction is justifiably considered outdated. On the one hand, there are still numerous voluntary commitments regarding sustainability (so-called "soft law") without "hard sanctions"; on the other hand, both the German and the European legislator have enacted numerous regulatory requirements with "hard sanctions" in the area of sustainability ("hard law").
The special role of sports Within this scale of "soft" to "hard" law, sport occupies a special role. Due to their constitutionally guaranteed autonomy, sports federations can develop their own rules that oblige e.g. clubs or member associations to comply with sustainability requirements. An example of this is the sustainability guideline of the German Football League (DFL), which contains various obligations for the clubs of the 1st and 2nd Bundesliga and provides for sanctions in case of non-compliance.
This example shows that sports clubs, sports associations and companies in the sports sector have to keep an eye on the development within the respective association and league structure in addition to general soft and hard law requirements. For sport, the topics of
human rights protection,
supply chain management,
child protection,
data protection
and
good governance
are likely to play a central role. These topics deserve the greatest attention in order to minimise risks in sport and to preserve its creative power, identification and potential for promoting mental and physical health for future generations.