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Football-legal
31
Dec
2015
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Juan de Dios CRESPO PEREZ
Ivan BYKOVSKIY
FIFA
Article
International
Football Legal # 4

Sanctions and Proportionality


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The latest controversy on disciplinary issues is a one that has been changing with times and the previous strict liability on everything and for everybody, linked to a plain application of sanctions without taking into consideration certain aspects of the cases has changed. Nowadays, it seems that there are some cases that are following the Bob Dylan song “The Times They Are A-Changin'” and despite the case of FC Barcelona on the minors that was not seen neither by FIFA nor by CAS as having such a possibility, other paths are being followed and we clearly appreciate some novelties on that issue.

Sanctions in the legal sphere are usually defined as measures that can be taken to a person violating laws or other regulations, or in other words are means of enforcement used to provide incentives for obedience to the law.

One should also divide the sanctions by the nature of their origin - it could be either sanctions established by a governing body for violation of its internal rules (regulations), or sanctions established by parties of a contract for non-compliance with their respective obligations deriving from that contract. In the first meaning the sanctions have a completely disciplinary nature while in the second sense these sanctions are usually named as contractual penalties.

However, regarding the definition of sanctions in the disciplinary proceedings in front of FIFA and UEFA is a little different. Although the FIFA Disciplinary Code (FIFA DC) does not characterise sanctions, Article 1 of FIFA DC states:

“This code...

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Topics
  • FIFA
  • CAS
Keywords
  • Court of Arbitration for Sport (CAS)
  • FIFA Regulations
  • Swiss Law
  • UEFA Appeals Body
  • UEFA Regulations
Authored by
Juan de Dios CRESPO PEREZ
About Juan de Dios CRESPO PEREZ
Ivan BYKOVSKIY
About Ivan BYKOVSKIY
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