FOOTBALL HOOLIGANISM WITH AN EU DIMENSION: TOWARDS AN INTERNATIONAL LEGAL FRAMEWORK AGIS PROGRAMME 2003 Project JAI/203/AGIS/138 November 2004 T.M.C. ASSER INSTITUUT THE HAGUE THE NETHERLANDS 2 Research team: Dr Robert Siekmann (general manager) Prof. Simon Gardiner Janwillem Soek Marjan Olfers Hans Mojet 3 CONTENTS CHAPTER 1: INTRODUCTION 1. Methodology 2. Questionnaire CHAPTER 2: THE COUNCIL OF EUROPE 1. Structure 2. The Council of Europe and its involvement in sport 3. European Convention on Spectator Violence and Misbehaviour at Sports Events and in particular at Football Matches 3.1. Summary of the Convention 3.2. Application of the Convention and monitoring compliance with its recommendations 4. Overview of (a selection of) Resolutions, Recommendations, Statements etc. per subject matter 5. UEFA Binding Safety and Security Instructions 6. Some concluding remarks CHAPTER 3: THE EUROPEAN UNION AND FOOTBALL HOOLIGANISM 1. Introduction 2. After the Heysel tragedy 3. The Larive Report on vandalism and violence in sport 4. An amended resolution 5. The 1996 Council Recommendation 6. The Roth Report and the resulting Resolution 7. Binding measures 8. The possibility of stadium bans 9. The first Police Handbook 10. The 2001 Handbook 10.1. Information management by police forces 10.2. Preparations by police forces 10.3. Organising cooperation between police forces 10.4. Cooperation between police forces and stewards 10.5. Checklist for media policy and communication strategy 10.6. Role of the organiser 11. The Council Decision from 25 April 2002 12. The Council and stadium bans 13. Some concluding remarks CHAPTER 4: THE SCHENGEN ACQUIS 1. Introduction 2. General overview 3. Internal border checks 4. Cross-border police cooperation 5. Judicial cooperation in criminal matters CHAPTER 5: NATIONAL LAWS AND REGULATIONS: A COMPARATIVE STUDY 1. Introduction 2. The selling of tickets 2.1. For domestic football matches 2.2. For football matches abroad 2.3. Segregation of supporters’ sections 2.4. Black market 2.5. Counterfeit tickets 3. The way to the stadium 3.1. Domestic transfers 3.2. Consumption of alcohol during the transfer 3.3. Transport abroad 3.4. Spotters 3.5. Control of known hooligans 3.6. Withdrawal of travel documents 3.7. Prohibition of entry 3.8. Exit prohibition 3.9. Remand in custody 3.10. To the vicinity of the stadium 4. Violence at another location than the home town 4 5. Violence in the home town and in the vicinity of the stadium 5.1. Types of contraventions/criminal offences or attempt thereto 5.2. Local covenants 5.3. Time and space for special vigilance 5.4. Drunkenness and drug addiction 5.5. Preventive measures against persons 5.5.1. Identification 5.5.2. Removal 5.5.3. Clearing areas 5.6. Social preventive projects 5.7. Repressive measures against groups of persons 5.7.1. Emergency regulations/measures 5.7.2. Prohibition of gathering 5.7.3. Arrest/detention 5.8. Repressive measures against individuals 5.8.1. Preventing the visit of a match 5.8.2. Stadium surroundings ban 5.8.3. Court injunction 5.8.4. Stadium ban based on criminal law 5.8.4.1. International stadium ban based on criminal law 5.8.4.2. Term of reporting of stadium ban based on criminal law 5.8.4.3. Scope of stadium ban based on criminal law 5.8.4.4. Duration of stadium ban based on criminal law 5.8.4.5. Interim lifting of stadium ban based on criminal law 5.8.4.6. Appeal against stadium ban based on criminal law 5.8.4.7. Defying a ban 5.8.4.8. Duty to report 5.8.5. Stadium ban based on administrative law 5.8.5.1. Duty to report 5.8.6. Conviction to work for the benefit of the community 5.8.7. Other repressive criminal and administrative law measures 5.9. Policing 5.9.1. Deployment of police during football matches 5.9.2. The tasks and powers of the police 5.9.2.1. Tracing 5.9.2.2. Undercover operations 5.9.2.3. Paramilitary organisation 5.9.2.4. Security police 5.9.2.5. Mobile brigades 5.9.3. On-charging the costs of police deployment 5.10. Safety managers 5.11. Stewards 6. Entry of the stadium 6.1. Admission to the stadium 6.2. Ticket check 6.3. Ways of entry, e.g. via the turnstiles 6.4. Entry checks 6.4.1. Entry checks B closed entry system 6.4.1.1. Supervision cameras 6.4.1.2. Body-search 6.4.1.3. Metal detectors 6.5. Refusal of entry 6.5.1. Illegitimate trespassing into the stadium 6.5.2. Under influence of alcohol or drugs 6.6. Match without spectators 6.7. Special entries for the disabled 6.8. Parking places 6.9. Access roads for emergency services 7. The security of the stadium 7.1. Safety of the design and physical fabric of the stadium 7.2. All-seated stadiums 7.3. Segregation/separation of supporters’ sections 7.4. Number of spectators 8. Measures to curb violence in the stadium 5 8.1. The right of association 8.2. Security permit issued by the mayor 8.3. Risk matches 8.4. Responsibility for the order within the stadium 8.5. Stadium regulations 8.6. Fan choreography 8.7. Trainers and players as role models 8.8. Communication 8.8.1. Video security system 8.8.2. The stadium speaker 8.8.3. Electronic video screen 8.8.4. Public address system 8.9. Keepers of law and order 8.9.1. The police 8.9.1.1. On-charging of the costs of police deployment 8.9.2. Security personnel 8.9.3. Stewards 8.9.3.1. Tasks of the stewards 8.9.3.2. Competences of the stewards 8.9.3.3. Bearing the costs of the stewards 8.9.3.4. Anonymity of the stewards 8.9.4. The referees 8.9.5. Fan coaches 8.10. Safety of the players 8.11. Repressive measures against the organisers 8.11.1. Prohibition of the use of the stadium 8.11.2. Closing the stadium 8.11.3. Terminating a match or postponing a match to another date 8.11.4. Match behind closed doors 8.11.5. License conditions 8.12. Prohibition orders within the stadium 8.12.1. Prohibitions in case of disturbing the order 8.12.1.1. Individual offences 8.12.1.2. Collective offences 8.12.2. Prohibited area 8.12.3. Prohibition of alcohol 8.12.4. Prohibition of drugs 8.12.5. Prohibition of tobacco 8.12.6. Prohibition of firework 8.12.7. Prohibition of dangerous objects 8.12.8. Prohibition to wear masks 8.12.9. Prohibition to use instruments producing noise 8.12.10. Prohibition of indecent or racist chanting 8.12.11. Prohibition of racism 8.12.12. Prohibition of discrimination 8.12.13. Prohibition of political action 8.12.14. Prohibition of verbal abuse 8.13. Repressive measures against individuals 8.13.1. Stadium ban based on civil law 8.13.1.1. Local stadium bans based on civil law 8.13.1.2. National stadium bans based on civil law 8.13.1.3. Withdrawal of club and season card 8.13.1.4. Appeal against the stadium ban based on civil law 8.13.1.5. Repeal of the stadium prohibition based on civil law 8.13.1.6. Duty to report 8.13.1.7. Defying a ban 8.13.2. Punishment of foreign hooligans 8.13.3. Street ban 8.13.4. Discharge of club membership 8.13.5. Other repressive measures 8.14. Summary proceedings 8.15. Leaving the stadium 8.16. Reduced media attention for football hooliganism 8.17. Audit 6 8.18. Civil damages 8.18.1. Individual liability 8.18.2. Collective liability 8.18.3. Liability of the organisers 8.18.4. Adequate insurance of the organisers 9. Intelligence service and collection of data (files) 9.1. Passing on of information 9.2. Exchange of information/judicial cooperation 9.3. Police cooperation 9.3.1. The Schengen Agreement 9.3.2. The Treaty of Maastricht and the Treaty of Amsterdam 9.4. Cooperation within the framework of the Council of Europe 9.4.1. The Convention of the Council of Europe 9.4.2. Incorporation into national law 9.5. Cooperation within the framework of the European Union 9.5.1. EU Handbook with recommendations for international police cooperation 9.6. Multi- and bilateral cooperation 10. Chain of responsibilities 10.1. General 10.2. Links of the chain 10.2.1. Links of prevention, pro-action, preparation, repression and aftercare 10.2.2. Central organ 10.2.3. National football association 10.2.4. Professional football clubs 10.2.5. Mayors/local governments 10.2.6. Police corps managers 10.2.7. Regional governments 10.2.8. Public Prosecutor’s Office 10.2.9. Transport companies: train and bus transport 10.2.10. Supporters' associations 10.2.11. Youth welfare organisations 10.2.12. Minister of Justice 10.2.13. Minister of Home Affairs 10.2.14. Minister of Sport 10.3. Cooperation and coordination 10.4. Liaison 11. Summary CHAPTER 6: EURO 2000 AND FOOTBALL HOOLIGANISM 1. Introduction 2. The organizational framework oF Euro 2000: Organizations involved and their competences/tasks 3. The international legal framework used during Euro 2000 3.1. The Schengen Treaty 3.2. The Treaty of Bergen op Zoom 3.3. Joint statements with third countries 4. National legal framework 4.1.