UEFA regulations allow entry ex officio beyond what the courts decide
The Public Prosecution Service will charge FC Barcelona with continued corruption due to payments made to Enríquez Negreira, who was Vice-President of the Referees’ Technical Commission. The complaint, pending admission for processing, points to the club as responsible, to Negreira and to former president Bartomeu, for the alleged crime of forgery of documents and possible unfair administration. Now justice will take its course. As stated in the sports law, the denounced facts would have already been prescribed and no administrative sanction would follow. However, the question many fans are asking is: does Barça risk being banned from European competitions for a season? Can’t UEFA choose Barça if they think so, regardless of what the courts say?
Barça: The fear of a possible sanction from UEFA is growing
As GOAL has been able to establish, FC Barcelona is growing fear of a possible sanction by UEFA. Leaving aside the complaint filed by the prosecution and its future development, sources from the Barça club admit that “this case looks very bad”. At the club, they are aware that they are in an extremely fragile situation vis-à-vis UEFA. Barça positioned themselves for the Super League, faced UEFA in court and now, with the outbreak of the ‘Negreira case’, it understands that the sword of Damocles is weighing on its head. Barça sources consulted by GOAL privately and anonymously admit that “if UEFA wants to retaliate for the Super League issue, they have now thrown it two yards from goal”. So far, Barça have not received any form of communication about UEFA. The FCB plans to hold an informational press conference on the ‘Negreira case’, provide new data and explain the results of its external investigation, but nervousness and pressure have increased in recent hours. There are fears of a possible intervention by UEFA in this case. And of course panic about the fact that we could be out of European competitions before the 2023-2024 season.
UEFA remains silent, requests information from RFEF Integrity and studies evolution ‘Negreira case’
The UEFAwho is silent for the time being and is really concerned with the matter, has requested information about the ‘Negreira case’ from Integrity of the RFEF. And it collects information from all parties. It should be remembered that UEFA has clear rules regarding the time to classify teams’ participation in European competitions. That’s what the articles are about. 4.01, 4.02 And 4.03 of the European competition rules, which stipulates that UEFA has the right to veto a club “if an activity has been committed to or influence the outcome of a competition at a national or international level”. FReputable sources indicate to GOAL that the main point of all future action is in the article 4.02
Article 4.02: UEFA can “choose or not” the clubs.
What does UEFA Article 4.02 say? The next: “If, on the basis of all factual circumstances and the information available to UEFA, UEFA concludes to its satisfaction that a club has been directly or indirectly involved since the entry into force of Article 50(3) of the UEFA Statutes, i.e. on 27 April 2027, in any activity aimed at organizing or influencing the outcome of a competition at national or international level, such club will be declared unfit to participate in the competition by UEFA. Such exclusion shall only apply for one football season. In making its decision, UEFA may, but is not obliged to, rely on the decision of a national or international sporting organisation, an arbitration court or a state court.
UEFA, armored: full jurisdiction and power to decide who plays their leagues or not
That is, that the UEFA can “don’t choose” to allow a club to play in European competitions, on the basis of a court order, but without being obliged to do so. In other words, they have the power and competence to choose or not to choose a club to play their leagues as it is a private entity.
UEFA concludes that “In addition to the administrative action to declare a club unfit, as provided for in paragraph 4.02, the administrative and judicial bodies of UEFA may, if the circumstances warrant, also take disciplinary action in accordance with the UEFA Disciplinary Regulations”. that “all persons bound by the rules and regulations of UEFA must refrain from any conduct which harms or could harm the integrity of the competitions”, with an obligation to always cooperate with UEFA.
Reuben Uria
Source: Goal