The Administrative Court of Sports (TAD) has decided not to open a sanction file against Pedro Rocha, president of the steering committee of the Royal Spanish Football Federation, for not having called elections with the current assembly after the resignation by Luis Rubiales on September 10. The TAD resolution responds to Miguel Galán’s complaint and which the Superior Sports Council (CSD) transmitted to the TAD twice. Galán, president of the Cenafe coaching school, reported to the CSD that Rocha had not complied with article 31.8 of the federal statutes, which states “that when the president ceases his functions for reasons other than the end of its mandate, the board of directors will be constituted as a Management Committee and will call elections to fill the position. These elections are expected to elect a president until the end of Rubiales’ term, which expired in the last quarter of 2024 since it is an Olympic year, and the votes would correspond to the current members of the assembly.
In its resolution, to which EL PAÍS had access, the TAD considers that Rocha has not committed a very serious crime and excludes the opening of a case against the leader of Extremadura “by not finding sufficient rational evidence to consider, even indirectly, the commission of a very serious disciplinary offense”, affirms the sports court, which continues: “The rule would have violated article 31.8 of the Federal Statutes, although it establishes an obligation of the Board of Directors to the RFEF, that of calling elections for the President for the remaining time available to the dismissed person, does not establish a precise deadline for this. Logically, this lack of precision cannot eliminate the obligation of the Board of Directors to convene said elections, and it is not up to this Administrative Sports Tribunal to set the necessary deadline for this, but rather, if in the present case , taking into account the dates on which “that we note, it is possible to assess the existence of a very serious fault in the breach of the obligation”
The court maintains that the federation has already requested an electoral advance so that the elections, these with a new assembly, take place in the first four months of 2024 and that said advance had the approval of the CSD and a favorable report from the TAD itself. . “It is possible to deduce the desire of the RFEF to call the elections to which it is obliged, although due to the little time remaining for the fulfillment of the current mandate and the anticipated ordinary convocation, for reasons of “efficiency and good governance. it did not consider it essential to call the elections provided for in article 31.8 of the Federal Statutes and this was clearly expressed in its request for early elections”, explains the TAD.
The federation expects, at the opening of the electoral process, that the CSD publishes to the BOE the new ministerial decree which regulates elections to sports federations. This new regulation, according to ministerial sources, should not take too long. However, another double legal tangle looms on the horizon. The first, that according to the ministerial decree in force, elections can only be called by the board of directors or the president and these are now non-existent in the federation. The second conflict is that the TAD has not opened a case against Rocha, but this does not exempt the federation from calling the elections that Galán is demanding.