2023-08-27 15:46:53
One week has passed since the women’s soccer team was proclaimed world champion. And in between there has been a lot of news frenzy over the controversial kiss of the RFEF president, Luis Rubiales, to the player Jenni Hermoso. The last thing is the call by the interim president of the Federation, Pedro Rocha, of an extraordinary and urgent meeting for this Monday in which the suspension of Rubiales by FIFA will be analyzed. And from this meeting will surely come the next steps to be taken by an institution that has been left without its head.
Everything indicates that tomorrow the TAD, the Sports Administrative Court, will also meet to analyze this complaint made by the Higher Sports Council (CSD). Complaint made by the Government through this body against a Rubiales, who next week it will almost certainly be disabled. A long process will then begin that can end with a suspension that could move in a fork of between 2 and 15 years.
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Digital Writing 27 Aug 2023 – 11:07
Rubiales has in his hand, appeal through the FIFA legal portal
But what sanctions can Rubiales face if that complaint prospers? “FIFA has provisionally suspended the president for 90 days. The president has in his hand – and I am convinced that he will – appeal through the FIFA legal portal. It will be the appeal committee who will decide whether to maintain the sanction or if, on the contrary, it accepts the defense of Luis Rubiales”, he explained in Noon COPE, Gonzalo Jiménez Illanalawyer expert in sports law.
On the other hand, regarding the path that the Government has initiated through the Superior Sports Council presenting the complaint before the TAC, “we will have an extraordinary meeting of the Administrative Court of Sport, which if it decides to open the file, will have the possibility -in principle- either to suspend him or not to do so”.
However, the Higher Sports Council has announced that In the event that this file is initiated, “it will meet the Board of Directors to proceed with that provisional suspension.”
The lawyer recalls that, as in all Rule of Law, until a final decision is reached, “in no case can it be considered a permanent disqualification”.
For Jimenez Illana the punishments “logically are going to go within the administrative scopedisqualifications that there may be to exercise their position”.
It is necessary to distinguish them, yes, “from the possible criminal implications that there would be if the player filed a complaint in that area”.
Can there be a disqualification between 2 and 15 years?
“It is possible, in fact right now, all legal overtones point to it, because it is true that this accusation is being raised in a very forceful way by all levels.”
Gonzalo Jiménez Illana understands that the defense will go in the line of “look for images in which the consent of the player that he affirms existed can be assessed”.
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Decorum in sports
Lastly, he warns, “the FIFA process, to which less importance is being given, is very much in line with the gestures for which he did apologize, based on the concept of decorum in sportsand it will be difficult for him to justify them in an institutional representation”.
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