Next Wednesday, the Supreme Court meeting on the most famous appeal in the history of Spanish sport is finally held: the condemnation of disqualification for public office for seven years that supports, as a yoke, the Galician Rafael Louzán, … Expolithic of the PP and today president of the Spanish Football Federation (RFEF). It will not be the same day 5 when the result of it is known, but throughout the month of February. The RFEF, which is considered a private entity (although with delegated public competences), it does not consider that its presidency is a public office, so it has prepared arguments and strategies for weeks that allow it to defend its autonomy in the event that the Supreme Confirm the condemnation of Louzán to prevail, when he was president of the Pontevedra Diputación, with a subsidy of 87,000 euros to remodel a stadium.
“We have been moving an image for a few years,” said the minister in the SER chain, alluding to the RFEF. «We all have very fresh in memory what happened with the previous presidents of the Federation […] We are going to wait at that oral view and, if that conviction is ratified […] We will act according to the Sports Law and we will have to call elections again ».
His statements were the main news of the day for sports newspapers. Louzán and his team argue that he could continue to preside even if the Supreme confirms the sentence, since the RFEF is a private entity dependent on FIFA. This is witnessed by a Judgment of the TSJM: «The RFEF is a private associative entity […] of public interest […] that acts as a collaborating agent of the Public Administration […]with own legal personality, and full capacity to act ».
The problem, as sources of maximum solvency explain to ABC, is that the statutes of RFEF itself (article 19) prevent a person from being part of their organs if they are disabled to perform public office; According to this article, Louzán should resign immediately. Things, however, are never usually so diaphanous. To begin with, if someone legitimized denounced Louzán for his permanence in office, it would be the assembly of the RFEF (controlled by the president) responsible for his possible dismissal.
Another possibility would be that the RFEF works an urgency reform of its statutes (no doubt controversy) to shield Louzán in the extraordinary assembly of February 10. The great obstacle to this route is that the new statutes would have to be authorized by the Higher Sports Council (CSD), a chimera. The third way of salvation would be the presentation of an appeal for amparo in front of the Constitutional Court, requesting in it the suspension of the execution of the sentence (since it is not automatic). It would be mandatory to go through the Constitutional, exhausting the roads of the National Courts, before an eventual appeal to the European Court of Human Rights.
If the CSD instituted the Administrative Court of Sports (TAD) to open file to Louzán, the eventual resolution of the TAD could also be challenged by the RFEF on the contentious-administrative route, with a request for precautionary measures. The cassation of the sentence, of course, would clarify the panorama definitely and give the reason to Pontevedrés, who has always defended his innocence. If not, and leaving aside the administrative law, we must not forget the possible political influence of UEFA and FIFA, which could send their fed up to the Government for an instability that lasts a year and a half, convincing the executive of the executive of the executive of the Profitability of swallowing the toad ‘, even if it is a popular expoles. The statements of the minister, however, do not seem aimed at avoiding the possible conflict.
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