HE Supreme Court agreed to decide whether Royal Spanish Football Federation (RFEF) may or may not veto the holding of professional football days on Fridays and Mondays. The conflict has been raging since 2018, when recently elected president Luis Rubiales tried to amend the Federation’s statutes to take control from the Federation. Professional Football League (LFP) About the days and times when matches can be played in Spain.
Thus, the Supreme Court, in a decision of 11 May, consulted by EL PERIÓDICO DE ESPAÑA from the Prensa Ibérica group, accepted the arguments of the RFEF, which defended the legitimacy of making this change at that time. taking refuge in article 213 (237 today) of the general regulation administrative silence between Outstanding Sports Council When (CSD) conveyed what was approved at the meeting held on October 3, 2018.
This newspaper told a Federation spokesperson that the RFEF “He still thinks he’s absolutely right about this. and therefore appealed to the Supreme Court,” he said.
According to the federation, the highest sports body did not respond positively or negatively to the changes within three months, which should have resulted in automatic approval of their claims due to favorable administrative silence.
Positive Administrative Silence
In this sense, the body chaired by Rubiales is to approve the amendment of such general regulations of the RFEF. Had to get a prior and positive report from the National Professional Football League, as stated in article 45.6 of the Sports Law. In a judgment of 11 May 2020, the National Court argued that because it did not have it, the CSD “should make a clear decision rejecting approval before the time elapsed and the effects of positive silence had occurred.”
The RFEF adheres to this decision of the AN Central Court, although it later saw how the same organization behaved. Approved another appeal from La Liga and the State’s Attorney’s Office In 2021 because “it cannot be understood that the general provisions have been approved by administrative silence, unless the assumptions on which they are accepted are comprehensively interpreted to understand others not foreseen in the law”.
What Rubiales presided over adheres to and accepts for the appeal interest offered by the Supreme Court are the various articles of the Law Regulating Contested-Administrative Jurisdiction (LJCA) that refer to situations where case law does not exist. may be “seriously harmful to the general interest” or be applied to “a large number of situations”.
In this decision last May, the Supreme Court agreed to examine the issue “to determine whether federative regulations are administrative provisions of a general nature and whether the figure of administrative silence works in relation to them”. If the federation can accept the positive administrative silence to take control of the professional football calendar in Spain.
Monday, not Friday is debatable
Since 2018, when Luis Rubiales became president, the battle between La Liga and the Royal Spanish Football Federation over the possibility of a league day on Monday and Friday has continued. The former football player, who was criticized for kissing Jenni Hermoso recently, discussed the organization he represented many times after the Women’s Football World Cup final. Does not allow Monday or Friday to be a football dayhowever, this last case may be negotiable.
Whether the RFEF is legitimate in deciding the timetable is now in the hands of the Supreme Court, which must decide whether to confirm Rubiales’ allegations. “Let’s see what Justice says,” said the President in 2019.