Governing Bodies
MESSI FACES POSSIBLE 6-MONTH BAN AND HUGE FINE
The potential departure of Lionel Messi from Barcelona may spark off some legal fireworks. Even though his contract stipulates that he could walk out at the end of a season, Barcelona board has insisted that the clause lapsed on June 30, the day the season should have ended.
But the season did not end then, as it coronavirus pandemic ensured the elongation of most football seasons especially in Europe.
According to Spanish outlets, some lawyers doubt Messi would be able to leave the club for free without serious repercussions.
Spanish legal experts Agustin Amoros Martinez and Francisco Dominguez explained to The Athletic, a subscription-based sports website, .the consequences of Messi’s potential legal battle against Barcelona, stating the player’s position is not so solid.
Some of the key points of the arguments point out that Messi’s position is weak. The footballer wants to leave for free, referring to the exit clause in his contract which allows him to unilaterally terminate his contract after each season.
Yet, the Catalan club insists the said clause expired on 10 June 20 days before the contractual end of the season.
According to Spanish law, the legal interpretation of the wording comes first which leaves Messi with nothing.
But Messi’s legal team may be claiming that the 2019-2020 campaign was extended due to the coronavirus pandemic which saw Barca ending their season on August 14 when they lost to Bayern Munich in the UEFA Champions League.
In this case, Messi should have informed the club he wanted to leave 20 days before this date while he reportedly did it only on August 25.
If Leo loses the case, what could be the consequences? Messi has a €700m release clause in his contract, so if he leaves for free he would have to pay the exact €700m as a fine, according to both the FIFA rules and Spanish laws.
FIFA would also hand him a six-month ban which means he wouldn’t be able to play for any club he would join for this period of time.
As for the civil law, there is still hope the court may find the €700m release clause as ‘abusive’, preventing the player from leaving rather than showing his real value.
Moreover, Messi is now entering the final year of his contract, so the court may have the right to reduce the penalty, possibly down to €500m which is still very high.
Any side landing Messi for free will be at risk of facing a two-window transfer ban as a result of the court decision, according to the FIFA rules.
Moreover, his future club would have to pay the €700m (or €500m) fine if Messi wasn’t able to do it himself.
Yet, there are doubts whether a non-Spanish entity would be responsible if the matter is taken to the national court.
The legal conclusion could be that both Messi and his future club are at high risk of a huge financial and sporting penalty if they attempt to conclude a free transfer.
Messi’s only way out is either to pay off his €700m release clause or to negotiate with Barcelona over the terms of the transfer.
Governing Bodies
FIFA opens disciplinary proceedings against Congo officials over financial misconduct
FIFA’s ethics committee launched disciplinary proceedings against three senior Congolese Football Federation (FECOFOOT) officials on Wednesday, including president Jean-Guy Mayolas, over allegations of financial misconduct.
Mayolas, his wife and his son were sentenced to life in prison earlier this month after a criminal court in the Congolese capital, Brazzaville, convicted them of embezzling $1.1 million in FIFA funds. Media reports said their whereabouts were not known , and they were tried in absentia.
FECOFOOT general secretary Wantete Badji and treasurer Raoul Kanda are also subject to the disciplinary proceedings, FIFA said. Badji and Kanda were sentenced to five years each in prison by the court in Brazzaville for related charges.
“These proceedings follow the receipt of information and documents during an audit,” FIFA said in a statement.
-Reuters
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The World Anti-Doping Agency is considering rewriting its rules to try barring President Donald Trump and all U.S. government officials from attending the LA Olympics in 2028, in a move that could also have implications for the World Cup being hosted by the U.S. this summer.
The proposal, on the agenda for next Tuesday’s meeting of the global drug-fighting watchdog’s executive committee, is the latest manoeuvre to come out of a yearslong refusal of the U.S. government to pay its annual dues to WADA.
The refusal is part of the American government’s unanimous, bipartisan protest of the agency’s handling of a case involving Chinese swimmers and other issues.
The Associated Press learned of the agenda item through correspondence it obtained between WADA and European officials involved in the agency’s decision-making. Two others with knowledge of the agenda confirmed the existence of the rules proposal to AP; they were not authorised to speak publicly about the agenda, which has not been released publicly.
The proposal was, in fact, first brought up in 2024, when U.S. authorities successfully lobbied for its rejection. The U.S. has since lost its seat on the executive committee.
“In spite of WADA’s increasing threats, we continue to stand firm in our demand for accountability and transparency from WADA to ensure fair competition in sport,” said Sara Carter, the director of the U.S. Office of National Drug Control Policy (ONDCP).
The rule, if passed, would figure to be mostly symbolic, given the limits an international sports federation could have on the president of a country attending an event inside his own borders.
“I have never heard of a $50-million-budget Swiss foundation being able to enforce a rule to, for example, prevent the United States president from going anywhere,” said Carter’s predecessor at ONDCP, Rahul Gupta, who was on the WADA executive committee two years ago and led the movement to reject the proposal. “And the next question you have to ask is: How are you going to enforce it? Are they going to post a red notice from Interpol? It’s ludicrous. It’s clear they have not thought this through.”
In a news release after this story published, WADA said the AP story was “entirely misleading,” focusing on Fitzgerald’s statement to the AP that if proposals being discussed were “introduced, given that the rules would not apply retroactively, the FIFA World Cup, LA and Salt Lake City Games (in 2034) would not be covered.”
Fitzgerald’s only answer to three emails from AP seeking clarification on his initial response — specifically about how a rule that had not yet been adopted could or couldn’t be applied retroactively on events that are scheduled for the future — was: “I’m trying to say that it would not apply retroactively so those events would not be covered. Given that and the next meeting of the Board being scheduled for November, I don’t see how it could come into play for this year’s World Cup.”
-AP
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The Confederation of African Football has dismissed Yasin Osman Robleh, the Djiboutian official who headed its judicial bodies for the past six years, in a move aimed at restoring confidence in the organisation’s disciplinary processes.
According to reports from convergence sources, the decision was confirmed on Saturday by CAF Secretary General Veron Mosengo-Omba, bringing an abrupt end to Robleh’s tenure overseeing the confederation’s disciplinary and investigative committees since 2019.
Robleh’s position reportedly came under increasing pressure following the controversy surrounding sanctions imposed after the Africa Cup of Nations Final between Morocco and Senegal. The disciplinary decisions that followed the match sparked criticism from several quarters and placed CAF’s legal framework under intense scrutiny.
In response to the situation, CAF’s Executive Committee has appointed Togolese lawyer Cedric Egai, currently the confederation’s Director of Legal Affairs, as interim head of the judicial bodies.
Egai is expected to stabilise the organisation’s legal arm while CAF works toward appointing a permanent successor to Robleh.
Disciplinary Decisions Delayed
The leadership change has already affected ongoing disciplinary processes within the confederation. CAF’s disciplinary committee reportedly held hearings last Thursday on several cases, including the high-profile encounter involving Egypt’s Al Ahly and Morocco’s AS FAR.
However, decisions on those matters have been temporarily put on hold pending the confirmation of new leadership within the judicial structure.
Sources indicate that once a permanent successor is appointed, CAF will move swiftly to conclude outstanding disciplinary rulings affecting both clubs and national teams.
Restoring Confidence
The move is widely seen as part of CAF’s effort to restore confidence in its judicial system following weeks of controversy surrounding disciplinary decisions at major competitions.
Robleh’s departure closes a significant chapter in CAF’s legal administration, while Egai’s interim appointment signals a potential shift in leadership and governance at a critical time for African football.
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