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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 Club Financial Control Body (CFCB) Investigatory Chamber today announced that ten clubs, for which investigations were opened following non-compliance with Financial Fair Play (FFP) break-even regulations, have individually agreed to settlement agreements. The clubs are AS Monaco FC, AS Roma, Beşiktaş JK, FC Internazionale Milano, FC Krasnodar, FC Lokomotiv Moskva and Sporting Clube de Portugal and, for minor breaches, FC Rostov, Kardemir Karabükspor and PFC CSKA Sofia. The CFCB Investigatory Chamber also announced that VfL Wolsburg have been found (following the submission of additional financial information) to have satisfied the break-even requirement and are no longer under investigation. These settlement agreements aim to ensure that each club achieves break-even compliance with minimal delay, and are defined by Articles 14 (1) (b) and 15 of the Procedural Rules governing the CFCB. Each of the settlement agreements includes some or all of the following provisions: Break-even targets: Defined as (i) annual and aggregate break-even results as per individual summary settlements, and/or (ii) financial covenants on the level of employee benefit expenses (total wages and benefits) and player’s amortization incurred in the relevant reporting period(s); Sporting measures: Defined as limitations on (i) the number of players included on the 'A' list related to UEFA competitions, and/or (ii) the registration of newly-transferred players on the 'A' and 'B' squad lists related to UEFA competitions; and/or (iii) employee benefit expenses (total wages and benefits) incurred in the relevant reporting period(s); and Financial contributions: Defined as (i) money withheld from revenues earned from participation in UEFA competitions; or (ii) an amount to be paid in full by a certain deadline. Such contributions shall not impact future break-even calculations. In the event of a club not qualifying for UEFA competition next season, it will nonetheless be subject to the terms of the settlement agreements. The individual settlement agreements will published on UEFA.org next week and a club-by-club summary for information purposes has been published at (LINK). Four previous settlement agreements were announced on 27 February 2015, so today's announcement brings the total number of settlement agreements for 2014/2015 to 14.

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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

http://www.uefa.com/disciplinary/news/newsid=1925571.html#disciplinary+inspectors+contributions

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