The Contested-Administrative Division of the Supreme Court met this week and settled the case, according to legal sources El Periódico de España consulted. sentence that would decide the impeachment of the previous president in 2017 Spanish Football Federation (RFEF) Angel Maria VillarAdopted by the Sports Administrative Court (TAD) for the commission of a commission error classified as very serious in relation to the selection process Held that year at this sports association.
In those moments, Villar already involved in the ‘Soule case’, currently receiving orders from the National Supreme Court for alleged irregularities in the administration of the Federation. The initiation of this procedure led to the preventive detention of Villar and his son Gorka for several days in the summer of 2017, and they separated after paying bail of 300,000 and 150,000 euros, respectively.
According to sources consulted, the issue the judges of the Supreme Court’s Fourth Disputed Chamber discussed focuses on one point in sports regulations. dismissal even if the duplication condition is not met by the party sanctioned during the previous year, but provided that the acts are classified as very serious as they are.
76.2 of the Sporting Act with regard to violations committed in very specific fields by the heads and other directors of the bodies of the Spanish Sports Federations and Professional Leagues. specified in the article:Failure to comply with general assembly agreements, election regulation and other legal or regulatory provisions“.
Villar’s appeal was accepted to be processed last January against a previous decision of the Madrid Supreme Court of Justice (TSJM) that upheld the decision adopted by the TAD, a body that oversees sports law and is subordinate to sports law, in December 2017. The Supreme Sports Council is therefore subordinate to the Government.
Decision of this issue by the Supreme Court coincides with the investigation. Anti-Corruption Prosecutor’s Office open to the current president of the RFEF, Luis Rubiales, also due to possible irregularities in the management of the business. The Public Prosecutor’s Office also scrutinizes the Federation itself and the Kosmos GLobal Holding SL company, owned by FC Barcelona football player Gerard Piqué, regarding the celebration contract, due to possible corruption and unfair management in the business world. At the Spanish Super Cup in Saudi Arabia.
In Villar’s appeal, which is currently under review by the Supreme Court, he stresses that the rule “explicitly excludes” the sanction imposed on him for the aforementioned recidivism requirement, “objective appeal interest” of the case.
The TAD decision stated that Villar had not complied with the directive contained in the Election Regulations (clause 4.4) because those who submitted a candidacy to be part of the governing bodies of the Royal Spanish Football Federation (RFEF) could not be members of the Management Commission. , so they must expire in this case when presenting the nomination in question.
duty of impartiality
Also considered Villar violated the duty of impartiality The Board of Directors has to comply with the Election Regulation itself, which gives the expulsion penalty stipulated in Article 79 of the Sports Law.
Examining the matter in its sentence, the TSJM concluded that Villar was indeed guilty, since he openly admitted that the very fact of occupying the Chair of the RFEF’s Steering Committee compelled him to “observe a strict and rigorous duty of objectivity during the process.” selection procedure” and yet the documents provided “are on the record. He combined the Presidency of the Management Commission with a real campaign for re-election. As president of the RFEF.
Specifically, he points out that it is interesting to determine whether the reference to the concept of “aggravating recidivism” is to be interpreted, paying attention to the constitutional guarantee of the principle of legality contained in Article 25 of the Spanish Constitution. A sense of whether it is a ‘must have’ requirement to agree on the application of the expulsion penalty stipulated in the Sports Law.
The ‘spirit’ case
Regarding the ‘Soule case’, it investigates alleged irregularities committed by the main leaders or with their knowledge and consent to “enrich themselves and promote the enrichment of third parties”. For this purpose, “a network of companies would have been created that would allow funds to be diverted (both public and private) to companies affiliated with the associations in question themselves.
All of this would constitute crimes of presumed unfair administration, abuse and/or fraud, embezzlement of public funds, forged documents, corruption between individuals and against the Treasury.
One of the most recent developments in the case came a few days ago when the General Government Intervention (IGAE) warned the judge of the presence of a criminal element. various irregularities in the works and construction of various fields Football in Spain, reports Europa Press.