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Disciplinary inspectors' key contributions

Published: Friday 1 March 2013, 10.31CET
UEFA's disciplinary inspectors have a crucial role to play within the UEFA disciplinary system – and are also important as an upholder of UEFA's values and principles.
by Mark Chaplin
from Nyon
Disciplinary inspectors' key contributions
The disciplinary inspectors' workshop in Nyon ©UEFA.com

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The UEFA Control, Ethics and Disciplinary Body (CEDB) met last week and announced the following decisions:   Match: European Qualifiers, Group D, Georgia v Germany (0-2), 29 March, Tbilisi Georgian Football Federation (GFF) Incidents: Field invasion by supporters – Art. 16 (2) (a) DR; Setting off of fireworks – Art. 16 (2) (c) DR; Insufficient organisation (stairs blocked, lack of body search, gates locked, accreditation system) – Art. 26, 31, 33, 39 of the UEFA safety and security regulations; Art. 11 (1) DR). Decision: The Georgian Football Federation (GFF) has been fined €50,000. -- Match: UEFA Europa League Round of 32 second-leg match between Feyenoord - AS Roma (1-2), played on 26 February in the Netherlands. Feyenoord Incidents: Racist behaviour - Art. 14 DR; Stairs blocked - Art. 38 Safety and Security reg.; Setting off/throwing of fireworks and/or objects Art. 16 (2) DR; Te Vrede Mitchell - art 15 (1) DR; Mulder Erwin Gerardus Theodorus Franc – art 15 (1) DR Decision: Feyenoord has been ordered to play their next (1) UEFA competition match as host club behind closed doors. The Dutch club have also been fined €50,000 for the racist behaviour of its supporters. In addition, the CEDB has decided to order Feyenoord to play one additional UEFA competition match as host club behind closed doors, as well as to fine the club €50,000 for the setting off and throwing of fireworks and objects, and the blocked stairways. The additional match behind closed doors sanction is deferred for a probationary period of two years. Feyenoord player Te Vrede Mitchell has been suspended for two (2) UEFA competition matches for which he would be otherwise eligible. Feyenoord player Mulder Erwin Gerardus Theodorus Franc has been suspended for two (2) UEFA competition matches for which he would be otherwise eligible. -- Match: UEFA Europa League, semi-final, first leg between SSC Napoli and FC Dnipro Dnipropetrovsk (1-1) played on 7 May in Italy. SSC Napoli Incidents: Setting off of fireworks – art. 16 (2) (c) of the UEFA Disciplinary Regulations (DR); Insufficient organisation – stairways blocked – art. 38 safety & security regulations; Use of laser pointer – art. 16 (2) (d) DR Decision: The CEDB has ordered the partial closure of the SSC Napoli Stadium during the next (1) UEFA competition match in which SSC Napoli would play as the host club, and, in particular SSC Napoli shall closed Curvca A and B of the SSC Napoli Stadium. The Italian club have also been fined €80,000. -- Match: UEFA Champions League, quarter-final, second leg between FC Bayern München and FC Porto (6-1) played on 21 April in Germany. Incidents: Josep Guardiola – Incident of non-sporting nature – Art. 11 (2) (c) Disciplinary regulations Decision: FC Bayern München coach Josep Guardiola has received a warning. Julian Lopetegui – Dismissal from the bench – Art. 60 DR Decision: FC Porto coach Julian Lopetegui has been suspended for one (1) UEFA competition match in which he would otherwise participate. -- Match: European Qualifiers, Group D, Republic of Ireland v Poland (1-1), 29 March, Dublin Incidents: Football Association of Ireland (FAI): Improper conduct of the team (5 cards or more) – Art. 15 (4) DR Decision: The Football Association of Ireland has been fined €6,000. Polish Football Federation (PZPN): Setting-off of fireworks/throwing of objects – Art. 16 (2) (b) & (c) DR Decision: The Polish Football Association has been fined €25,000.

Regulations

Disciplinary organisation and cases

Match-fixing prevention

Published: Friday 1 March 2013, 10.31CET

Disciplinary inspectors' key contributions

UEFA's disciplinary inspectors have a crucial role to play within the UEFA disciplinary system – and are also important as an upholder of UEFA's values and principles.

The number of cases being handled by UEFA's disciplinary bodies has risen markedly in recent years, leading to an increase in the work undertaken by one of the key components of the UEFA disciplinary system – the UEFA disciplinary inspectors.

Six more disciplinary inspectors have been appointed by the UEFA Executive Committee, and the newcomers have been given a comprehensive overview of their roles and the UEFA disciplinary environment at a workshop at the House of European Football in Nyon.

The UEFA disciplinary inspectors are a UEFA organ for the administration of justice along with the Control and Disciplinary Body (CDB), the Appeals Body (AB) and also the Club Financial Control Body, which is responsible for imposing disciplinary measures in case of non-fulfilment of club licensing/financial fair play requirements and deciding on cases relating to club eligibility for UEFA competitions. Unlike these three organs, the disciplinary inspectors are not entitled to take disciplinary measures.

The UEFA Executive Committee elects the disciplinary inspectors (from candidates proposed by UEFA member associations) for a term of four years, with one of them designated chief inspector. Disciplinary inspectors represent UEFA in proceedings before the disciplinary bodies. They may open disciplinary investigations, and lodge appeals and cross-appeals. The UEFA Executive Committee, the UEFA President, the UEFA General Secretary or the disciplinary bodies may also commission disciplinary inspectors to conduct investigations alone or in cooperation with non-UEFA bodies.

"The number of CDB and AB cases has increased considerably since 2004/05," said UEFA's head of disciplinary and integrity matters, Emilio García. "That is why the Executive Committee has appointed six new disciplinary inspectors. The role of disciplinary inspector is not common in sports law, but it is an important role within UEFA disciplinary proceedings." A total of 13 disciplinary inspectors – mostly lawyers – now work on UEFA's behalf.

Responsibilities
The disciplinary inspector investigates offences falling within the scope of application of the UEFA disciplinary regulations. Such investigations are conducted by means of written inquiries and, if necessary, the questioning of individuals. Other investigatory procedures may also be used, such as expert opinions, on-site inspections and document requests. If the disciplinary inspector considers that one or more offences falling within the remit of the disciplinary regulations have been committed, they address their conclusions in the form of a report to the Control and Disciplinary Body for decision.

If the disciplinary inspector is of the view that no offence within the scope of the disciplinary regulations has taken place, they request that the relevant investigation be closed and issue a report to the CDB for decision.

The disciplinary inspectors have two elements – one before the CDB, as investigators and accusers, and another before the Appeals Body as a party.

The function of the disciplinary inspector vis-a-vis the CDB involves proceedings relating to on-field offences – match officials' reports, referees' reports (cautions, dismissals, mistaken identity); reports by the UEFA delegate (improper conduct of supporters, team officials); security officers' reports; and incidents which were not seen by match officials but captured on video or in newspapers. Off the field, the role relates, for example, to match-fixing, inappropriate statements from players or officials towards UEFA, etc.

In AB matters, the disciplinary inspector can be an appellant or a respondent: once they receive a decision of the CDB, they can decide to lodge an appeal in accordance with the disciplinary regulations. As a respondent, when the appellant lodges an appeal, the disciplinary inspector is in charge of preparing a response on behalf of UEFA.

The new disciplinary inspectors were made aware of their importance as an upholder of key UEFA values. "Match-fixing, racism and political messages in the stadium, for example, go against the sporting spirit," said experienced Swiss disciplinary inspector Jean-Samuel Leuba. "You should ensure that UEFA's principles of zero tolerance towards these phenomena are respected."

Emilio García closed the meeting by exchanging the following idea with the new inspectors: "Your duty is very important. It contributes significantly to the high quality of the judgement delivered by the disciplinary bodies."

Last updated: 09/05/14 6.27CET

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