Att tiga är guld - Den inte så neutrala neutralitetsprincipen inom Formel 1

Detta är en Kandidat-uppsats från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: The principle of neutrality is a well-established and important principle within the sports world. The freedom from political influences and the ability to remain neutral in political matter is founded on the wish to be an inclusive and accepting arena, where athletes compete on the same terms, regardless of political or religious background. The sport world’s main objective is to be an impartial and just space, free from political and polarizing forces, where advantage is not given based on politics or religion. As such, the principle of neutrality is crucial for maintaining integrity and credibility, and to ensure that the sports world remains an arena of community, competition, and entertainment. The international federation of motorsports, Federation Internationale de Automobile (FIA), has recently imposed stricter limitations on the freedom of expression for their athletes, based on the principle of neutrality. This creates a difficult balance between the athlete’s obligation to remain neutral and the freedom of expression, and results in athletes being silenced regarding their political views and standpoints. There is a consensus that FIA’s autonomy and independence implies a freedom from judicial involvement from the states and a right to independently assess and decide on internal matter. The European Court of Justice, however, has recently clarified that while International Sports Federations are not bound by the European Convention, all member states have a responsibility to actively protect individuals from violations that may be committed by private actors, such as the FIA. This study clarifies the difficult balance between the principle of neutrality and freedom of expression by examining the legal framework that shapes FIA’s autonomous position in society, its relationship with human rights, and what possibilities drivers have to legally challenge FIA decisions that limits their freedom of expression.

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