Beyond Consent: Reforming the Court of Arbitration for Sport for the European Legal Order

This thesis analyses the legitimacy crisis facing the Court of Arbitration for Sport within the European legal order. It argues that CAS can no longer rely solely on traditional consent-based arbitration, particularly where athletes are effectively required to accept CAS jurisdiction as a condition of participating in elite sport. Through a review of key ECtHR and CJEU case law, including Mutu and Pechstein, Semenya, ISU, Seraing, European Super League and Royal Antwerp, the thesis identifies structural concerns around forced arbitration, limited Swiss Federal Tribunal review, procedural safeguards, access to justice and perceived institutional bias. Rather than calling for the dismantling of CAS, it proposes a reform model based on stronger ICAS governance, improved transparency and procedural protections, and a possible EU-based CAS division or dual-seat structure to allow effective judicial review under EU law.

The thesis concludes that CAS must move beyond formal consent and rebuild its legitimacy through institutional design capable of preserving sports arbitration while satisfying European constitutional standards.