In the case before me, as explained in the background, the parties agreed that there would be no preliminary proceedings and the submission of evidence, and that the case would be decided on the basis of pleadings and oral arguments, and in my opinion this is the proper and correct way to hear such cases in the future as well.
The Procedural Framework - The Substantive Aspect - The Scope of the Intervention
- As I noted above in the procedural aspect, the Sports Law states that the judgment of the highest institution of the Association, or the Association, is final and that it cannot be appealed to the court.
However, in the Turten case above, it was held that this judgment is subject to judicial review on two grounds: lack of authority and violation of the rules of natural justice.
- It is important to note that this rule regarding limited intervention has been clarified and clarified in many judgments of both the Supreme Court and the trial courts, when it was held that although there is a right to intervene in the decisions and judgments of disciplinary bodies of sports associations, the intervention will be limited to grounds of lack of authority and violation of the rules of natural justice.
R., one of many, Opening Motion (Tel Aviv) 4797-05-17 Maccabi Daliyat Al-Carmel Football Club v. Israel Football Association [published on the Nevo website] (May 4, 2017):
"The decisions of the Supreme Court in matters of discipline are final and cannot be appealed by the general courts. The intervention of this court will be sparing, and in exceptional cases, where serious defects are found in the proper conduct of the proceedings, such as, for example, deviation from authority or violation of the rules of natural justice."
See also recently Civil Case (Tel Aviv) 34297-07-23 Association for the Advancement of the Dimona Sports Club and the Advancement of Youth v. Israel Football Association [published on the Nevo website] (August 7, 2023):
"As is well known, this provision of the law has been interpreted more than once in case law in a manner that recognizes the intervention of this court in the decisions of the Association's internal judicial institutions, however, this intervention will be sparingly and in exceptional cases, where serious defects are found in the proper conduct of the proceedings, such as, for example, deviation from authority or violation of the rules of natural justice (see and compare: Opening Stimulus (Tel Aviv District) 661/03 Hapoel Kfar Saba Sports Association (R.A.) v. Israel Football Association [published in Nevo] (April 14, 2005), at p. 16; Opening Motion (Tel Aviv District) 37631-08-16 Ashdod Association A Cricket Club v. Israel Cricket Association et al. [published in Nevo] (September 9, 2017), para. 6; Opening Motion (Tel Aviv District) 4797-05-17 Maccabi Dalit Alcarmel v. Football in Israel et al. [published in Nevo] (May 4, 2017); Opening Motion (Tel Aviv District) 65322-11-17 Eliniv Barda v. Supreme Court of the Israel Football Association [published in Nevo] (January 10, 2018), at p. 51, as well as a decision in the matter of Ironi Modi'in."