Behind Closed Doors Only?! Sanctions vs Self-Policing in Football

Dirk VosSupportersfederatie Profclubs FSE Committee

Football games are Group events…Groups are loads of individuals

different types of collective sanctions• penal law• civil law• Internal regulations

UEFA sanction systemOther examples of sanctions

human rights principles

the nature of football:public or private event?

what is acceptable?

Different types of group sanctionsPenal Law• Criminal offence • Conviction

Civil Law• Organising public events• Organising the way private events can take place

Internal regulations• Internal rules in private organisations

The UEFA Disciplinary proceedingswith particular regard to improper conduct of fans

UEFA’s objectives

To deal with all questions relating to European football

To promote football in Europe in a spirit of peace, understanding and fair play, without any discrimination as to politics, gender, religion or race;

To organise and conduct international football competitions and international tournaments at European level

To prevent all methods or practices which might jeopardise the regularity of matches or competitions or give rise to the abuse of football

The UEFA Disciplinary proceedingswith particular regard to improper conduct of fans

Why does UEFA need its own disciplinary system?

•UEFA‘s tool to create order within the organisation

•Tool for safeguarding the UEFA objects

•Prevention of further infractions

•Deterrence

Responsibility (Article 6, Disciplinary Regulations)

• Member associations and clubs are responsible for the conduct of their players, officials, members, supporters and any other persons exercising a function at a match on behalf of the association or club.

• The host association or club is responsible for order and security both inside and around the stadium before, during and after the match. It is liable for incidents of any kind, and can be rendered subject to disciplinary measures and bound to observe directives

The UEFA Disciplinary proceedingswith particular regard to improper conduct of fans

The UEFA Disciplinary proceedingswith particular regard to improper conduct of fans

Sanctions (Article 14, Disciplinary Regulations)

•Warning•Reprimand•Fine•Annulment of result•Deduction of points•Awarding of a match by default•Playing of a match behind closed doors•Stadium closure•Playing of a match in a third country•Disqualification•Withdrawal of a title or award

Other examples of sanctions

•Lowering the number of away tickets (Netherlands- internal regulations)

•Combi Rule (Belgium – civil law)

•Prohibition of away fans (Greece – civil law)

•…

Human Rights principles (ECHR)• freedom of assembly (art.11)

• freedom of expression (art.10)

•prohibition of discrimination (art.14)

•Prohibition of the retrospective criminalisation of acts (art.7)

Consequences on both penal and civil law!

The nature of Footballprivate of public event?

More than a symbolical question because of the consequenses

2 viewpoints• football is sports but commercial and

belongs to the club investers

•Football is cultural heritage and is part is part of public live

What is wanted, what is acceptable

Time to speak out…