The Royal Spanish Football Federation and Montse Tomé and the invited international players reached a truce of sorts on the night of Tuesday and Wednesday. All except Mapi León and Patri Guijarro agreed to continue concentrating Before the matches against Sweden and Switzerland.
One of the agreements reached by the parties with the mediation of the President of the Supreme Sports Council, Victor Francoshappened “Imminent” dismissal of many RFEF executivesNames whose names are not disclosed by the parties. Many media outlets reported that the first person they wanted to cut was the head of the general secretary. Andreu Camps. However, in doing so a serious problem arises: RFEF’s charter does not allow this.
What does the RFEF charter say?
Unlike other positions such as managers, regional directors or selectors, general secretary It is explained in detail in the Federation statute, especially in Article 39. Article 1 of that section states that the secretary general is “responsible for the executive direction of the federation” and is responsible for the “administrative management of the federation”. “The person responsible for executive management is appointed and dismissed by the Presidency.”.
It is already emphasized in the second part of Article 39 that “The appointment of the general secretary will depend on the preference of the RFEF president”. So what’s the problem? RFEF, effective resignation Luis Rubiales There was no president 10 days ago.
What about Pedro Rocha? In the period between Rubiales’ suspension by FIFA and the resignation of the Andalusian leader, the Extremadura man was something of an interim president. A figure that does not exist as such, but it summarizes well the fact that he can temporarily exercise all the duties and powers that the charter grants to the RFEF president.
During that time period, Rocha could easily have ordered the sacking of Camps or any other executive. But after Rubiales resigned, he lost this authority, as the power to appoint the president rests solely with the parliament, and the board enforces article 31.8 of the charter: “If the president leaves office for reasons other than the expiration of his term of office, the board of directors will constitute a management committee and call for an election to fill the position will make.”
Board of directors or management commission?
Well, he implemented it reluctantly because no elections were called. This left the management committee some legal uncertaintyBecause the RFEF’s charter says nothing about its powers. To know these, it is necessary to go to the Ministerial Decree regulating the selection processes in sports federations.
This text, whose last update dates back to December 2015, states that “when a new election is called, the boards of directors will be dissolved and the management commissions will begin their duties.” In other words, Rocha and the rest of the RFEF directors reversed the order established in the Ministerial Decree: First they formed the executive, they will hold elections in the future.
In fact, the same Ministerial Decree also includes how the manager is created. One requirement is The RFEF delegate committee meets to appoint several of its members. As sources of the mandated commission confirmed to this newspaper, the commission was never convened, so the executive was not created according to the Spanish legal framework.
Does RFEF have a board of directors? Is there a management commission? As stated in both the statute and the Ministerial Decree, neither one nor the other is 100 percent. What is clear is that neither one nor the other can agree on the dismissal of a secretary general in the absence of the president.
What can RFEF do?
In fact, whatever the situation, it is doubtful that Rocha can now make important decisions. dismissal of regional managersIt is also said that it is part of the agreement with international companies. According to Royal Decree 1835/1991 on Spanish Sports Federations, in article 18.5, management committees are “the body responsible for the administration and management of the federation throughout the selection process; inability to perform more than ordinary acts of pure administration and managementand in such numbers as may be necessary to guarantee the orderly development of the electoral process.”
Can such dismissals put on the table be interpreted as “ordinary operations of pure administration and management”? At first glance it seems doubtful that this is the case.
Another thing is if someone from the RFEF decides to ignore the regulations, dismiss the Camps (or whoever) and risk having the matter decided by the court. Or what HE State Acting regulations openly agree to change so that Rocha can do what is asked. We’ll see.