Practical Cases in Football Law

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Practical Cases in Football Law DIPLOMA IN CLUB MANAGEMENT PRACTICAL CASES IN FOOTBALL LAW Dr. Miguel María García Caba Deputy General Secretary Royal Spanish Football Federation 1 DIPLOMA IN CLUB MANAGEMENT 01 Introduction 2 DIPLOMA IN CLUB MANAGEMENT Professional experience in football 2005-16: 2018-act: Legal Counsel and Head of Internal Legal Legal Director, Spanish Counsel, Spanish Football Association Professional Football (RFEF). League (LaLiga). 2016-18: 2019-act: Deputy General Head of Legal Services, Secretary, Spanish Real Madrid CF. Football Association (RFEF). 3 DIPLOMA IN CLUB MANAGEMENT 02 Laliga’s perspective: CASE GRANADA 74 4 DIPLOMA IN CLUB MANAGEMENT A little introduction to Spanish Sports Law… The organization of professional sport in Spain 01 A classical topic 02 Sports Act (parliament regulation): 03 Royal Decrees (government regulations): 04 Public intervention in professional sport (since 1941)… 5 DIPLOMA IN CLUB MANAGEMENT The coordination between Leagues and Associations Coordination Agreement LaLiga- Compulsory coordination RFEF: • Spanish Sports Law and Royal • Professional license – First Decree 1835/1991 professional license • Compulsory agreement (duration • Transfer and registration rules 4 years)… (clubs, players) … • Calendar … 6 DIPLOMA IN CLUB MANAGEMENT The background of the case (1/3) Previous • In the summer 200, juridical debate in the CAS, between FIFA, UEFA, RFEF and LaLiga. • The cause of the conflict was the analysis made by CAS. • The conflict ended with a decision by CAS (2007/O/1361), which gave justice, from a sportive and legal point of view, to LaLiga. 7 DIPLOMA IN CLUB MANAGEMENT The background of the case (2/3) The facts 30.06.07. C.F. Ciudad de Murcia, SAD finished 4th in Spanish 2nd Div. 06.07.07. Agreement to sell its 100% of its social capital. 24.07.07. New owner decided to change the denomination: Granada 74, SAD 01.08.07. LaLiga admitted the club to participate in season 2007/08 09.08.07. LaLiga received a letter from FIFA’s and UEFA’s presidents 20.08.07. FIFA and UEFA invited LaLiga on a workshop. No agreement 8 DIPLOMA IN CLUB MANAGEMENT The background of the case (3/3) The way to CAS, the applicable law and the CAS hearing 21.08.07. RFEF referred the dispute to CAS. 22.08.07. LaLiga accepted under the following conditions: - Applicable law: shall be the Spanish law - The choice of Spanish law as applicable law, was unquestionable and had a fundamental importance in this case 24.08.07. The hearing took place. 25.08.07. Cádiz CF vs Granada 74, SAD (20.00h)… 9 DIPLOMA IN CLUB MANAGEMENT The main sources of law and key articles used to deal Previous: The question IT IS ILLEGAL OR CONTRARY TO SPORTING PRINCIPLES TO BUY A CLUB AND CHANGE ITS NAME AND DOMICILE? 10 DIPLOMA IN CLUB MANAGEMENT The main sources of law and key articles used to deal … FIFA, UEFA and RFEF LaLiga • Art. 19.1 Sports Act • Art. 2.e), FIFA Statutes • Art. 4 RFEF Statutes • Art. 2.1 e), UEFA Statutes • Art. 41.4 a) Sports Act: The • FIFA Statutes: Since LaLiga is coordination between Leagues subordinate to the RFEF and NA • Art. 18.2, FIFA Statutes • Coordination Agreement LaLiga- RFEF 2006 11 DIPLOMA IN CLUB MANAGEMENT The key arguments presented by the parties involved … FIFA, UEFA, RFEF LaLiga • “Hidden” promotion • There is no current legislature, which limits the change in the denomination • Violates a basic and fundamental and in the registered office principle in football • Neither in the regulations of FIFA and • Through sportive results in the field UEFA and not through operations of commercial or financial nature. • The English Case (FC Wimbledon) • international sport law • AUS, CHI, MEX, USA rules • European Model of Sport • C.P. Granada 74 is still participating in the 3rd Div. 12 DIPLOMA IN CLUB MANAGEMENT The outcome of the case: the CAS decision Jurisdiction Violation of arts. 2 of FIFA and UEFA Statutes The Spanish Law The International Sports Law 13 DIPLOMA IN CLUB MANAGEMENT Conclusions From a strictly juridical point of view: The CAS resolution plainly ratified the conformity to the Law of the acts carried out by LaLiga 14 DIPLOMA IN CLUB MANAGEMENT Conclusions. from a strictly FOOTBALL point of view: Graphic 1: years of seniority of clubs Graphic 2: no. of federative licenses Gráfico 1: Años de antigüedad de los clubes Gráfico 2: Nº de licencias federativas 40 700 35 600 625 34 30 500 25 400 20 300 15 10 200 9 5 100 125 0 0 CP. Granada 74 C.F. Ciudad de Murcia, SAD 1 CP. Granada 74 C.F. Ciudad de Murcia, SAD Graphic 3: no. of federative clubs, federative or dependent Gráfico 3: Nª de clubes federativos filiares o dependientes 6 5 4 Granada 74 is a historical club set up in 3 2 1974 by comparison to 1999, with 1 0 social and sportive roots and Senior Juveniles Cadetes Infantiles Alevines Benjamines CP. Granada 74 C.F. Ciudad de Murcia, SAD absolutely dedicated to the game. Senior Junior Cadet Children Young Small 15 DIPLOMA IN CLUB MANAGEMENT Conclusions. from a strictly FOOTBALL point of view: Comparative table of the clubs C.F. Ciudad de Murcia, CP. Granada 74 SAD Year of foundation 1974 1999 No. of federative clubs branches or dependent 25 5 senior 1(3rd division) 2 junior 4 2 cadets 5 1 children 5 - young 5 - small 5 - No. of federative licenses 625 125 Sportive schools 1 the greatest in the province - Granada 74 is a historical club set up in Sportive history More than 1000 trophies ( 28 T. 06/07) 1974 by comparison to 1999, with The entity in Andalusia that has the greatest number of trophies in inferior social and sportive roots and categories Award for the best sportive entity in Andalusia, 1988 (Council of Andalucía) - absolutely dedicated to the game. 16 DIPLOMA IN CLUB MANAGEMENT 17 DIPLOMA IN CLUB MANAGEMENT My own interpretation. Conclusions CONCLUSIONS • Granada is a region that “breathes” football • CAS understood that the operation was for the good of social and sportive value • National law is still above sports law and especially above international sports law • Granada totally ignored the national regulations and laws passed by the State and the agreement signed in 2006. 18 DIPLOMA IN CLUB MANAGEMENT 03 The club’s perspective: REGISTRATION OF MINORS 19 DIPLOMA IN CLUB MANAGEMENT Introduction • 2016 conflict that caused an interesting juridical debate in the CAS, between FIFA, RFEF and Rel Madrid CF • Spain is composed of 17 regions (CCAA) • The Spanish Constitution competences to regulate on different fields. • Each “CCAA” has its own regional FA • Each RA organizes its own championship • each club has to mandatorily affiliate to the RA 20 DIPLOMA IN CLUB MANAGEMENT Legal framework Public regulation • SPANISH SPORTS LAW ACT (10/1990)… Article 32.4 (regulation of sports licenses) • RD SPANISH FEDERATIONS (1835/1991) Article 7 (regulation of professional sport licenses) Additional disposition (conflicts) 21 DIPLOMA IN CLUB MANAGEMENT Legal framework Public regulation • SPANISH ACT AGAINST VIOLENCE, RACISM, XENOPHOBIA AND INTOLERANCE IN SPORT) Second additional provision 22 DIPLOMA IN CLUB MANAGEMENT Legal framework FIFA regulation 10 FIFAIII. RegistrationREGULATIONS of players & SPANISH LAW 5 Registration 1. A player must be registered at an association to play for a club as either a professional or an amateur in accordance with the provisions of article 2. Only registered players are eligible to participate in organised football. By the act of registering, a player agrees to abide by the statutes and regulations of FIFA, the confederations and the associations. 2. A player may only be registered with one club at a time. 3. Players may be registered with a maximum of three clubs during one season. 23 During this period, the player is only eligible to play offcial matches for two clubs. As an exception to this rule, a player moving between two clubs belonging to associations with overlapping seasons (i.e. start of the season in summer/autumn as opposed to winter/spring) may be eligible to play in offcial matches for a third club during the relevant season, provided he has fully complied with his contractual obligations towards his previous clubs. Equally, the provisions relating to the registration periods (article 6) as well as to the minimum length of a contract (article 18 paragraph 2) must be respected. 4. Under all circumstances, due consideration must be given to the sporting integrity of the competition. In particular, a player may not play offcial matches for more than two clubs competing in the same national championship or cup during the same season, subject to stricter individual competition regulations of member associations. DIPLOMA IN CLUB MANAGEMENT Legal framework FIFA regulation ARTICLE 5 RSTP VS. SPORT COMPETENCE DISTRIBUTION • Players must be registered at a FIFA member • FIFA does not recognise a registration at a regional association • Regions in Spain have absolute competence in sport • Only Regional FA are entitled to register players at regional competitions. • No intervention of Spanish public power nor of the RFEF in regional competitions 24 DIPLOMA IN CLUB MANAGEMENT Legal framework FIFA regulation FIFA REGULATIONS & SPANISH LAW 10 III. Registration of players 5 Registration 1. A player must be registered at an association to play for a club as either a professional or an amateur in accordance with the provisions of article 2. Only registered players are eligible to participate in organised football. By the act of registering, a player agrees to abide by the statutes and regulations of FIFA, the confederations and the associations. 2. A player may only be registered with one club at a time. 3. 25 Players may be registered with a maximum of three clubs during one season. During this period, the player is only eligible to play offcial matches for two clubs.
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