Uefa faces a series of dilemmas in terms of its enforcing Financial Fair Play (FFP) regulations. If it doesn’t enforce them at all, it will look foolish and be weakened in relation to the top clubs. But devising sanctions that bite without undermining the Champions League itself is a real test of ingenuity.
Uefa faces a series of dilemmas in terms of its enforcing Financial Fair Play (FFP) regulations. If it doesn’t enforce them at all, it will look foolish and be weakened in relation to the top clubs. But devising sanctions that bite without undermining the Champions League itself is a real test of ingenuity.
Understandably, Uefa is playing its cards close to its chest so that clubs cannot prepare for possible sanctions or look for ways of evading them. There are a number of rumours flying around, but how well based they are is another matter. From what I know of news management, there may be some kite flying going by sources close to Uefa to see what sort of response particular proposals get.
They can’t deduct points because that would make a farce of the group matches. It is difficult to use a transfer embargo because player registration is not under their jurisdiction.
What they seem to be favouring is a weakening of squads among clubs judged to have broken the rules. They could ban any newly signed players from playing in Europe. To take the example of Manchester City, Aguero and Nasri would have been banned from the Champions League for this coming season.
Another possibility is a reduction in the size of a squad that a club in breach of the rules could register for European competition. At present 25 is the number. If this was a cut for an overspending club, it would affect their performance as the season wore on and injuries and suspensions became a factor.
One radical idea is a specific ban on the club’s highest earning players given that Uefa supremo Michael Platini is trying to curb overspending. However, this is not very practical as it would undermine the Champions League, the very product that Uefa is trying to promote.
What really worries Uefa is the threat of legal action which could lead to them having to pay large compensation bills and even lead to the organisation folding in a worst case scenario. Hence, Platini has been to see European Commission supremo José Manuel Barroso to ask him for ‘judicial protection’.
Barroso has other things on his mind at the moment like the small matter of the eurozone crisis. I am not an expert in European law, but I would question whether a specific organisation can be given protection against civil action even if there is a provision in a protocol to the treaties about the special character of sport. In any event, if the Commission did do this, they would be open to a legal challenge.
This one could run and run. It’s no surprise that more astute and highly qualified lawyers are moving into sports law.