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Dr. András Gurovits Partner [email protected] Niederer Kraft Frey, Zurich The double-eagle goal celebration: a legal or rather a socio-political issue? At a 2018 FIFA World Cup group stage match on 22 June 2018, Switzerland were, at 51 minutes, 0-1 behind Serbia at the Kaliningrad stadium. Granit Xhaka scored with a powerful long range shot to make it 1-1, and celebrated his goal by joining his thumbs together and spreading his fingers to imitate the Albanian double-eagle. After Xherdan Shaqiri had run free from his opponents in the last minute of the game and scored the match winning goal to finish at 2-1, he did the same - he took of his jersey and spread his fingers to show the audience the double-eagle. A resulting FIFA investigation led to three Swiss players being fined and issued a warning for a violation of Article 57 of the FIFA Disciplinary Code. Debate arose as to whether, instead, they were in breach of Article 54 of the FIFA Disciplinary Code, and therefore subject to a two-game ban. Dr. András Gurovits, Partner at Niederer Kraft Frey, discusses how the FIFA Disciplinary Code was applied in this matter, and the socio-political issues the goal celebrations consequently raised.

14 WORLD SPORTS ADVOCATE The players’ celebrations triggered a efect, and thus nothing severe. They nothing substantial to add to FIFA’s fierce and emotional public discussion further explained that, when the Swiss decision. It is interesting and worth in Switzerland. As to whether Xhaka and anthem was played before the match, mentioning, however, that this incident Shaqiri, both of whom have Kosovo- and for the duration of the match, the has led to a heated discussion in Albanian parents, could celebrate a goal Swiss players were constantly booed Switzerland about socio-political for the Swiss national team with a gesture by the predominantly Serbian fans. issues, in particular the integration of that stands as a symbol for the home of sportsmen and women from immigrant their parents. The debate surrounding It was posited that this behaviour was not backgrounds, with a previously this celebration was quickly compounded easy to be subjected to, especially for the unknown severity and intensity. by concerns that FIFA might investigate players with a family background from the incident and suspend the two the Kosovo-Albanian region. Therefore, Heated socio-political debates players from the last group game against according to the Swiss delegation, this The catalysts for this debate were Costa Rica, which would determine reaction was a human and emotional, statements by the Secretary General of Switzerland’s entry into the round of 16, as but not a political reaction. It was also the ASF-SFV who, when the team was still well as the possible round of 16 itself. This argued on the Swiss side that FIFA in Russia, proposed that Swiss politicians fear was justified, as Article 54 of the FIFA would create a major problem for itself should consider whether they still want Disciplinary Code provides that anyone if it were to suspend the players for dual nationalities in Switzerland, and that who provokes the general public during a provocation, because in future it would the ASF-SFV could consider promoting match will be suspended for two matches. have to investigate any gesture on the only footballers who renounce a second football pitch that could in any way have nationality. Against the backdrop that Shortly after Switzerland’s match a political or religious context. This would the majority of the Swiss national team against Serbia, FIFA opened an lead to many new and complicated cases. players have a migration background, investigation against Xhaka and and that Switzerland currently has a Shaqiri, and against the Swiss captain, Legal assessment share of foreigners of almost 25%, the Stephan Lichtsteiner, who, after the The FIFA Disciplinary Committee reaction to this controversial proposal team had scored 2-1, also took the rendered its decision quickly, before was strong. Due to criticism, the opportunity to show the double-eagle. Switzerland played Costa Rica. The ASF-SFV was quickly forced to take decision was not made public. According countermeasures and put the statements Legal issues to be examined by FIFA to the Swiss Football Association’s of its Secretary General into perspective. For FIFA, the primary question was (‘ASF-SFV’) media release, FIFA found In a press release of 7 July, the ASF-SFV whether these celebrations constituted the players to have committed an commented as follows (translated): a provocation of the public within unsporting ofence within the meaning the meaning of Article 54, or an of Article 57 of the FIFA Disciplinary • “The Swiss football association has unsporting behaviour or a violation of Code and fined Xhaka and Shaqiri CHF never spoken out against multiple fair play within the meaning of Article 10,000, and Lichtsteiner CHF 5,000 citizenships or dual citizenship. 57 of the FIFA Disciplinary Code. respectively. In addition, warnings • The statements in question stem from The diference between these two were issued for unsporting behaviour. an approximately one-hour meeting sanction standards was a point of The Swiss delegation’s fears that the between the Secretary General importance for the involved players players might be suspended and thus and journalists after the World Cup and the Swiss national team. be missing in the important last group group matches in Togliatti (Russia, match against Costa Rica (and, in the home of the Swiss Team Base Camp While Article 57 of the FIFA Disciplinary event of qualifying, for the round of during the 2018 FIFA World Cup). Code provides that anyone who insults 16) did not come true. For the Swiss • The association regrets the impression someone in any way, especially by team, this was the most important that it is against dual citizens or multiple using ofensive gestures or language, consequence of FIFA’s decision. nationalities and is not behaving or who violates the principles of fair correctly or even discriminating play, or whose behaviour is unsporting By applying Article 57 of the Disciplinary against dual citizens in Switzerland. in any other way may be subject to Code, and not Article 54, FIFA has • The most serious aspect is that sanctions in accordance with Art. 10 clarified that, in its view, the double-eagle footballers who already play for et seq. (e.g. warning, reprimand, fines, celebration is not, in principle, a political Switzerland are coming to the fore. etc.), while anyone provoking the sign capable of provoking the public Especially, those footballers who general public during a match is, in within the meaning of Article 54 of the have just given their all for the country accordance with Article 54 of the FIFA FIFA Disciplinary Code. In the context again at the World Cup in Russia Disciplinary Code, to be suspended of the relevant moments of the game, and before whom the association for two matches (and sanctioned with the players’ actions were considered always protected when there were a minimum fine of CHF 5,000). unsporting and a violation of fair play. debates about their identification. As a result of the lenient sanction under • In this context, two main questions In connection with the FIFA investigation, Article 54, the Swiss team avoided are at the centre of the association’s members of the Swiss delegation a ban of three important players. interest: how can the association contended that the double-eagle From a legal point of view, the protect the international players was a spontaneous reaction, an act in matter has been settled and there is even better from events such as the

A Cecile Park Media Publication | August 2018 15 DISCIPLINARY

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World Cup group match between integration and promotion of all match against Serbia with two goals for Serbia and Switzerland on 22 June footballers, regardless of their origin their team. They have demonstrated 2018? And: how can the association and nationality, is a fundamental technical skills that hardly any other be even more concerned that, guiding principle of our association.” player in the Swiss team has. But their after cost-intensive support by the political sensibility and social awareness association, top young footballers of The author’s point of view may not keep pace with their footballing several nationalities only appear for In the author’s view, it was an appropriate qualities. They should have let their Switzerland’s senior national team? move of the ASF-SFV to issue the above football speak for itself that night, but • These questions have been the statement in an attempt to de-escalate they talked with their hands during the subject of repeated discussions in the debate. However, not only will the celebration with a cultural code that the various departments of the association discussion about possible cultural divides Serbian spectators in the stadium and for years. Various ideas were within the national team continue in the on TV had to perceive as unsporting. discussed, including the possibility future, but there is also the possibility of examining adjustments to the that players with a migration background As players with a Kosovar background, relevant FIFA regulations or the idea of in Switzerland, that have been trained they formed the Albanian double- signing players to the senior national as professional players in Switzerland, headed eagle with their fingers in team at an early stage (for example, will join the team of their parents’ home a game that was so charged that it by signing contracts or renouncing country once they have turned 22 and was considered a high risk game. multiple citizenships when recruiting are about to join the Swiss national team. or including young footballers in the The Swiss delegation in Russia elegantly training programmes). However, no This problem naturally concerns not avoided this issue before the match such decision has been made so far. only Switzerland, but also other smaller against Serbia by ignoring all political • The association wants to provide national associations of states which, undertones, and the players should even better support to players who due to their economic prosperity, have have kept it that way on the field. Xhaka play for titles for Switzerland with a high proportion of inhabitants with wanted his jubilation to be understood U-teams, but then, at the age of 22, a migration background. However, it as a gesture of thanks to all the people are often exposed to considerable seems questionable whether the football who had always supported him. That’s pressure because they are supposed associations can find a satisfactory and what he said in an interview. But what I to play for another country - and conclusive answer to this question with feel the two players have actually done possibly against Switzerland. their rules and regulations. Ultimately, it is this: they fueled a discussion that was • The association still does not want is also a question of family relationships thought to be over or at least mitigated, to neglect the promotion and and thus of the heart. Young players namely that there was a cultural rift training of those young footballers may also be under gentle or stronger running through the team; showing the who do not have a second home pressure to choose the team of their Albanian double-headed eagle was seen country to choose from. country of origin. Persuasive work of as an expression of this. In November • Essentially, the association wishes the associations could lead to more 2014, the Swiss national team’s players’ a fair and respectful treatment of its satisfactory results than strict regulations. council had, therefore, decided not to national players and less black-and- make such gestures in the future. white painting, i.e. a lot of praise when In this context, the players’ decision they play successfully, but accusation to celebrate their goals by showing At the time, the players’ council of lack of identification when things the double-eagle could be seen as concluded that from then on there do not go according to plan. harmful. In a late edition of the online would be no such problems anymore. • The association continues to promote version of the Neue Zürcher Zeitung of It is feared that this new action has integration and inclusion at all levels. 22 June 2018, a comment was found given a new and lasting impetus to • The association deeply regrets that which states that Shaqiri and Xhaka this discussion and that it will continue dual citizens felt discredited and are among the most talented players of to accompany the Swiss national disavowed after the interview. The the Swiss national team. They won the team for a long time to come.

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