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Monday, July 21, 2008

Cesiunea dreptului de participare

Este legala?

Recent au aparut in presa articole despre cumpararea/vanzarea de locuri in ligile a II-a si a III-a. Mecanismul folosit este cesiunea dreptului de participare. In trecut astfel de tranzactii au avut loc si in Liga I.

Pe 30 mai 2008, congresul FIFA a adaugat un nou articol in "Regulations Governing the Application of the Statutes" (agenda congresului, pagina 14 - document pdf):

Art. 19 – Principle of promotion and relegation

  1. A club’s entitlement to take part in a domestic league championship shall depend principally on sporting merit. A club shall qualify for a domestic league championship by remaining in a certain division or by being promoted or relegated to another at the end of a season.
  2. In addition to qualification on sporting merit, a club’s participation in a domestic league championship may be subject to other criteria within the scope of the licensing procedure, whereby the emphasis is on sporting, infrastructural, administrative, legal and financial considerations. Licensing decisions must be able to be examined by the Member’s body of appeal.
  3. Altering the legal form or company structure of a club to facilitate its qualification on sporting merit and/or its receipt of a licence for a domestic league championship, to the detriment of the integrity of a sports competition, is prohibited. This includes, for example, changing the headquarters, changing the name or transferring stakeholdings between different clubs. Prohibitive decisions must be able to be examined by the Member’s body of appeal.
  4. Each Member is responsible for deciding national issues, which may not be delegated to the leagues. Each Confederation is responsible for deciding issues involving more than one Association concerning its own territory. FIFA is responsible for deciding international issues involving more than one Confederation.
Nu sunt jurist, dar oare cesiunea nu incalca acest articol 19?

Pe 27 decembrie 2007, FIFA a trimis federatiilor membre circulara 1132 care contine textul articolului 19 si la final are aceasta sectiune:

"The FIFA Executive Committee further decided to introduce the above provisions with immediate effect. Consequently, member associations and leagues are requested to take immediate and concerted action to prevent such practices should they become aware of them.

In order to document these new binding measures on member associations, the FIFA Executive Committee will submit a proposal to the next FIFA Congress to include a corresponding provision in the FIFA Statutes.

We thank you for implementing these measures with immediate effect."

In FIFA Statutes, articolul 13, pagina 8:

Members' obligations:

1. Members have the following obligations:

(a) to comply fully with the Statutes, regulations, directives and decisions of FIFA bodies at any time as well as the decisions of the Court of Arbitration for Sport (CAS) passed on appeal on the basis of art. 60 par.1 of the FIFA Statutes;
(b) to take part in competitions organised by FIFA;
(c) to pay their membership subscriptions;
(d) to ensure that their own members comply with the Statutes, regulations, directives and decisions of FIFA bodies;
(e) to create a Referees Committee that is directly subordinate to the Member;
(f) to respect the Laws of the Game;
(g) to comply fully with all other duties arising from these Statutes and other regulations.

2. Violation of the above-mentioned obligations by any Member may lead to sanctions provided for in these Statutes.

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