The Unbearable Lightness of Football Law: Pride & Prejudice

I have received several inquiries from many fans of the game. It is very encouraging that most people desire a constructive discussion and it is my view that such discussion could help us analyse several issues, particularly those issues that relate to the troubles of Scottish football. 

The analysis offered in this blog has as an aim to clarify things, particularly for those who wish to understand the rules in a more effective way and also comprehend the involvement of the law. My two previous posts have elaborated upon the most significant points regarding elements of company law and sporting regulation. It would not be wise to expand further, as those in charge of the game must remain unobstructed and independent from any external interference. In addition, it is not my intention to offer legal advice in this blog. You need to understand that the analysis here may be different from any legal advice given to a particular client.

What is of immense importance, however, is the protection of the integrity of the competition. Those in charge of the game in the country have a very difficult task ahead of them. It is not only important to have the rules applied equally and purposefully, but also to show the fans that justice is being delivered too. This could only be done if there is transparency and accountability. The fans are not silly. They can identify the difference between right and wrong. Although the masses are sometimes difficult to control, the average football fan is aware of the sense of justice. And justice is what is required.

So far, it is important to note that the Governing Bodies in Scotland have attempted to apply the rules in the best possible way. Although the Panel's decision to apply a transfer embargo on Rangers was disputed by the Court of Session, it could be argued that the Panel's decision was not one of extermination, but rather one of understanding. The spirit of the regulations does allow for this degree of latitude and it is my firm belief that the members of the Panel exercised such latitude.

Several arguments could, of course, be produced in favour or against decisions rendered by disciplinary bodies. Such bodies always attempt to apply the rules in a purposeful way. Remember, that the rules of sporting governing bodies resemble the architecture of  an ancient building, in that there are several important parts out of place. The Panel's job is to ensure that the correct interpretation is given by taking into consideration a series of different aids of interpretation. Most importantly, the relevant Panels always try to interpret the intention of those who drafted the rules, the subject matter under analysis and what is it that the rules are trying to achieve/protect. As someone who has been practising and teaching English law and international Sports Law for over 12 years now, I am in a position to appreciate the difficult predicament the members of disciplinary Panels could sometimes face. This is evident from the fact that not only do they have to interpret extremely vague and ambiguous regulations, but also to ensure that a political decision making stays outside the Rooms of Justice. They do not have an easy job and it is my view that they need our support.

With these final words, I am convinced that the football governing bodies in Scotland have attempted to deal with the current situation, with prudence and increased sense of responsibility. Decisions could only go one way at a time and it is inevitable that some fans may feel aggrieved. Prejudice is an ugly feeling and it could lead to unpleasant situations. If we are going to apply prejudice, however, against anyone who is in charge and has to make a decision, then, we should abandon football and never come back. I have tried several football cases before The FA and the Court of Arbitration for Sport in the recent years. In the latter forum I have seen amazing examples of malpractice and erroneous application of rules by sporting governing bodies. This is not a reason, however, to doubt all those in charge of different governing bodies. The aforementioned sports legal forums [and others] are in place so they could ensure that justice is applied and that transparency and accountability are observed.

Let us, therefore, allow the governing bodies in Scotland do their job without obstruction and ill-founded critique. In the end, we are all going to be judged, so let us be careful when we judge others...

Dr. Gregory Ioannidis

19 June 2012