Editor's Note: Frans M. de Weger is legal counsel for the Federation of Dutch Professional Football Clubs (FBO) and CAS arbitrator. De Weger is author of the book “The Jurisprudence of the FIFA Dispute Resolution Chamber”, 2nd edition, published by T.M.C. Asser Press in 2016. Frank John Vrolijk specialises in Sports, Labour and Company Law and is a former legal trainee of FBO and DRC Database.
This second blog will focus
specifically on the sanctions available for FIFA under Article 12bis. It will provide
explanatory guidelines covering the sanctions imposed during the period
surveyed.
Introduction
The possibility to impose
sanctions under article 12bis constitutes one of the pillars of the 12bis
procedure. Pursuant to Article 12bis of the RSTP, edition 2016, the DRC and the
PSC may impose a sanction on a club if the club is found to have delayed a due
payment for more than 30 days without a prima
facie contractual basis[1] and the creditor have put
the debtor club in default in writing, granting a deadline of at least 10 days.[2] The jurisprudence in
relation to Article 12bis also shows that sanctions are imposed ex officio by the DRC or the PSC and not
per request of the claimant.More...
Editor's Note: Frans M. de Weger is legal counsel
for the Federation of Dutch Professional Football Clubs (FBO) and CAS
arbitrator. De Weger is author of the book “The
Jurisprudence of the FIFA Dispute Resolution Chamber”, 2nd
edition, published by T.M.C. Asser Press in 2016. Frank John
Vrolijk specialises in Sports, Labour and Company Law and is a former legal
trainee of FBO and DRC Database.
In this first blog, we will try to answer some questions raised in
relation to the Article 12bis procedure on overdue payables based on the
jurisprudence of the DRC and the PSC during the last two years: from 1 April
2015 until 1 April 2017.
[1] The awards of the Court of
Arbitration for Sport (hereinafter: “the CAS”) in relation to Article 12bis
that are published on CAS’s website will also be brought to the reader’s
attention. In the second blog, we will focus specifically on the sanctions applied
by FIFA under Article 12bis. In addition, explanatory guidelines will be
offered covering the sanctions imposed during the period surveyed. A more
extensive version of both blogs is pending for publication with the
International Sports Law Journal (ISLJ). If necessary, and for a more detailed
and extensive analysis at certain points, we will make reference to this more
extensive article in the ISLJ. More...
Editor's note: This report compiles all relevant news, events and
materials on International and European Sports Law based on the daily coverage
provided on our twitter feed @Sportslaw_asser. You
are invited to complete this survey via the comments section below, feel free
to add links to important cases, documents and articles we might have
overlooked.
The Headlines
The end of governance reforms at FIFA?
The main sports governance
story that surfaced in the press (see here and here) during the last month is related to significant
personal changes made by the FIFA Council within the organization’s
institutional structure. In particular, the FIFA Council dismissed the heads of
the investigatory (Mr Cornel Borbély) and adjudicatory (Mr Hans-Joachim Eckert)
chambers of the Independent Ethics Committee, as well as the Head (Mr Miguel Maduro) of the Governance and Review Committee. The decision to remove Mr Maduro was taken arguably
in response to his active role in barring Mr Vitaly Mutko, a Deputy Prime Minister of Russia, from sitting on
the FIFA Council due to an imminent conflict of interests. These events
constitute a major setback to governance reforms initiated by the football’s
world governing body in 2015. For a more detailed insight into the governance
reforms at FIFA, we invite you to read the recent blog written by our senior researcher Mr
Antoine Duval. More...
This is a follow-up
contribution to my previous blog on human rights
implications of the Olympic Games published last week. Together with
highlighting some of the most serious Olympic Games-related human rights
abuses, the first part has outlined the key elements of the Host City Contract
('HCC') as one of the main legal instruments regulating the execution of the
Olympic Games. It has also indicated that, in February 2017, the International
Olympic Committee ('IOC') revised the 2024 HCC to include, inter alia, explicit human rights
obligations. Without questioning the potential significance of inserting human
rights obligations to the 2024 HCC, this second part will refer to a number of
outstanding issues requiring clarification in order to ensure that these
newly-added human rights obligations are translated from paper to actual practice. More...
Editor’s note:
Tomáš Grell is currently an LL.M. student
in Public International Law at Leiden University. He contributes to
the work of the ASSER International Sports Law Centre as a part-time
intern.
In its press release of 28 February 2017,
the International Olympic Committee ('IOC') communicated that, as part of the
implementation of Olympic Agenda 2020 ('Agenda 2020'), it is
making specific changes to the 2024
Host City Contract with regard to human
rights, anti-corruption and sustainable development. On this occasion, IOC
President Thomas Bach stated that ''this
latest step is another reflection of the IOC's commitment to embedding the
fundamental values of Olympism in all aspects of the Olympic Games''.
Although the Host City of the 2024 Summer Olympic Games is scheduled to be
announced only in September this year, it is now clear that, be it either Los
Angeles or Paris (as Budapest has recently withdrawn its bid), it will have to abide by an additional set of human
rights obligations.
This two-part blog will
take a closer look at the execution of the Olympic Games from a human rights
perspective. The first part will address the most serious human rights abuses
that reportedly took place in connection with some of the previous editions of
the Olympic Games. It will also outline the key characteristics of the Host
City Contract ('HCC') as one of the main legal instruments relating to the
execution of the Olympic Games. The second part will shed light on the human
rights provisions that have been recently added to the 2024 HCC and it will seek
to examine how, if at all, these newly-added human rights obligations could be
reflected in practice. For the sake of clarity, it should be noted that the
present blog will not focus on the provisions concerning anti-corruption that
have been introduced to the 2024 HCC together with the abovementioned human
rights provisions. More...
Editor’s Note: Saverio Spera is an Italian lawyer and LL.M.
graduate in International Business Law at King’s College London. He is
currently an intern at the ASSER International Sports Law Centre.
This blog is a follow up to my previous contribution on the validity of Unilateral Extension Options
(hereafter UEOs) under national and European law. It focuses on the different
approaches taken to UEOs by the FIFA Dispute Resolution Chamber (DRC) and the
Court of arbitration for sport (CAS). While in general the DRC has adopted a
strict approach towards their validity, the CAS has followed a more liberal
trend. Nonetheless, the two judicial bodies share a common conclusion: UEOs are
not necessarily invalid. In this second blog I will provide an overview of the similarities
and differences of the two judicial bodies in tackling UEOs. More...
Editor's note: Branislav
Hock (@bran_hock) is PhD Researcher at the Tilburg Law and Economics Center at Tilburg
University. His areas of interests are transnational regulation of corruption, public
procurement, extraterritoriality, compliance, law and economics, and private
ordering. Author can be contacted via email: b.hock@uvt.nl.
This blog post is based on a paper
co-authored with Suren Gomtsian, Annemarie Balvert, and Oguz Kirman.
Game-changers that lead to financial
success, political revolutions, or innovation, do not come “out of the blue”;
they come from a logical sequence of events supported by well-functioning
institutions. Many of these game changers originate from transnational private
actors—such as business and sport associations—that produce positive spillover
effects on the economy. In a recent paper forthcoming
in the Yale Journal of International Law, using the example of FIFA, football’s
world-governing body, with co-authors Suren Gomtsian, Annemarie Balvert, and
Oguz Kirman, we show that the success of private associations in creating and
maintaining private legal order depends on the ability to offer better
institutions than their public alternatives do. While financial scandals and
other global problems that relate to the functioning of these private member
associations may call for public interventions, such interventions, in most
cases, should aim to improve private orders rather than replace them. More...
Editor’s note: Serhat
Yilmaz (@serhat_yilmaz)
is a lecturer in sports law in Loughborough University. His research focuses on
the regulatory framework applicable to intermediaries. Antoine Duval (@Ant1Duval) is the head of
the Asser International Sports Law Centre.
Last week, while FIFA was firing
the heads of its Ethics and Governance committees, the press was overwhelmed
with ‘breaking news’ on the most expensive transfer in history, the come back
of Paul Pogba from Juventus F.C. to Manchester United. Indeed, Politiken
(a Danish newspaper) and Mediapart
(a French website specialized in investigative journalism) had jointly
discovered in the seemingly endless footballleaks
files that Pogba’s agent, Mino Raiola, was involved (and financially
interested) with all three sides (Juventus, Manchester United and Pogba) of the
transfer. In fine, Raiola earned a grand total of € 49,000,000 out of the deal,
a shocking headline number almost as high as Pogba’s total salary at
Manchester, without ever putting a foot on a pitch. This raised eyebrows,
especially that an on-going investigation by FIFA into the transfer was
mentioned, but in the media the sketching of the legal situation was very often
extremely confusing and weak. Is this type of three-way representation legal
under current rules? Could Mino Raiola, Manchester United, Juventus or Paul
Pogba face any sanctions because of it? What does this say about the
effectiveness of FIFA’s Regulations
on Working with Intermediaries? All these questions deserve thorough
answers in light of the publicity of this case, which we ambition to provide in
this blog.More...
Editor's note: This report compiles all relevant news, events and
materials on International and European Sports Law based on the daily coverage
provided on our twitter feed @Sportslaw_asser. You
are invited to complete this survey via the comments section below, feel free
to add links to important cases, documents and articles we might have
overlooked.More...
Since yesterday FIFA is back in turmoil (see here
and here)
after the FIFA Council decided
to dismiss the heads of the investigatory (Cornel Borbély) and adjudicatory
(Hans-Joachim Eckert) chambers of the Independent
Ethics Committee, as well as the Head (Miguel Maduro) of the Governance
and Review Committee. It is a disturbing twist to a long reform process (on
the early years see our blogs here
and here)
that was only starting to produce some tangible results. More...