The resources and opportunities for Joan Laporta’s Barça are running out, plunged into its worst crisis since he acceded to the presidential chair in March 2021. The inability to register the footballers Dani Olmo and Pau Víctor in LaLiga on time It has triggered an earthquake in Barcelona fans whose consequences are unpredictable. For now, yesterday several opposition groups asked that Laporta step aside if he wants to avoid submitting to a motion of censure. To cushion this growing threat, the president, who makes and breaks the club because he wants it, has decided to take a new step: go to the Higher Sports Council (CSD) to achieve a precautionary measure, that is, to be able to buy time. (perhaps a few months) until everything unravels in one definitive sense or another.
The CSD is a political body, as it depends on the Ministry of Education, Vocational Training and Sports. In its offices, the Barça club will file tomorrow, the first business day since today is a holiday, an appeal in which it will present similar arguments to those already rejected first in judicial instances (up to two occasions) and then before LaLiga and the Royal Spanish Federation of Football. Football (RFEF). These are the two bodies competent to issue registrations and licenses that considered that the documentation presented on December 31 by the Barça club to register Dani Olmo and Pau Víctor was insufficient and arrived late. In fact, said documentation was not validated until January 3, in time to recover the 1 to 1 rule that allows Barça to finally balance its balance with respect to financial fair play but outside the deadline to register the two players.
Laporta’s board continues to believe that there are legal loopholes through which to try to survive. Their legal services consider that the literal wording of article 130.2 of the general federation regulation is interpretable since it was created to avoid tricks, that is, to prevent a club from granting registration and dismissal to one of its players in the same season to obtain positions. of sporting advantage. The article specifically says that “a footballer may be registered in only one team of a club, without the possibility of being discharged and registered by the same during the same season, except in the case of force majeure or regulatory provision.”
Barça will present the appeal tomorrow and expect a favorable response, although with repeated arguments
The Barcelona entity maintains that in the case of Olmo and Pau Víctor the entity that dismissed them was not the club, whose desire has always been for them to be part of the squad, but rather LaLiga by deleting them from its records. According to this theory and alleging a different interpretation of the article, Barça would have the right to re-register both before February 3, the date on which the winter market window closes.
This way of seeing things, however, has not served any purpose so far. Nor the one already used that sought to justify the delay in the delivery of the documentation (the guarantee of the 28 million euros from the advance sale of a part of the VIP boxes of the future Spotify Camp Nou) due to the fact that the Christmas dates slowed down its circulation.
Going to the CSD is not a guarantee of success. The organization is clear that the Barça club has the right to present what is technically called an “appeal”, but it will not be carried away by the extra-sports derivatives of the case and in theory will resolve it with a strictly legal perspective. In fact, it has a commission for this. Chaired by José Manuel Rodríguez Uribes, Doctor of Law and Professor of Legal and Political Philosophy, the intention of the CSD once it studies the appeal will be to request allegations from both LaLiga and the RFEF, a measure that does not initially benefit Barça because it will slow down the ruling and, above all, because he will want to hear the reasons given by the organizations that have denied the re-registration of the footballers. This is a relevant detail because in comparable cases the precautionary measure is usually given based only on the request of the appealing party.
The CSD will impose a legal view on the case and its request for allegations does not favor the club
Beyond the little interest that the Government may have in assuming a controversy of this magnitude (no one escapes that a precautionary measure would upset the rest of the LaLiga clubs and would support the conservative theses that assure that the government acts on its side), a contrary ruling It would leave Laporta’s Barça on the ropes, with ordinary justice once again as a resource, this time with no more handholds to hold on to.
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