The National CourtHe has ruled that the Government, through the Higher Sports Council, He should have acted against Luis Rubiales almost a year and a half ago. Specifically, he considers that the body that he presided over at that time Jose Manuel Franco should have submitted to the Sports Administrative Court the complaints related to the alleged irregularities committed by the former president of the RFEF, based on the revelations of the audios and documents of the Super Cup case.
The ruling, reported by the Iusport portal and to which this newspaper has had access, agrees with LaLiga, which filed a contentious-administrative appeal against the decision adopted on September 9, 2022 by the CSD. After what A Majadahonda court admitted several complaints against Rubiales to processing Due to the facts related to the Super Cup case, the Government decided not to raise the administrative complaints that it had on its table to the TAD.
Decision not in accordance with law
The Government then argued that the actions of the ordinary justice system forced it to stop the administrative process until there was a ruling. The National Court, however, considers that said decision was not in accordance with the law and reproaches the Government that its actions could have favored the prescription of some of the administrative offenses reported by LaLiga and allegedly committed by Rubiales.
The judge also maintains Pablo Alvarez in its ruling that “some of the reported crimes could only be of an administrative nature, and not criminal, so the suspension of the sports disciplinary procedure in relation to such events would not be justified.”
The reasons for the complaint against Rubiales
The events reported by LaLiga, as stated in the ruling, were “alleged irregularities in the organization of the Spanish Football Super Cup held in Saudi Arabia“, “payment of housing rent by the RFEF of the President of the RFEF, “alleged irregularities in trips made by the President of the RFEF from October 31 to November 14, 2018 to New York”, “alleged hiring of detectives to spy on the “conduct” of the leader of the Footballers’ Union (David Aganzo, of AFE) through the Cryptex Europa agency” and “alleged irregularities in the procedure followed to cover the vacancy produced in Second Division B due to the administrative relegation of Reus CF”.
The sentence now highlights the obligation for the Government to submit to the TAD the documents presented against Rubiales on June 13 and July 1 of last year. Predictably, this action will have no effect in the short term, since the TAD will have to paralyze the complaints (or at least part of them) related to facts that are being settled in the ordinary courts. The big difference is that The deadlines for describing the offenses allegedly committed by Rubiales are paralyzed. That is, they will not prescribe even if several months or years pass before the Justice issues its ruling.
The decision of the TAD on Rubiales
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These complaints to the TAD will be added to the one that the CSD itself raised a few weeks ago regarding what happened after the final of the Women’s Soccer World Cup. The Government wanted the TAD to classify them as very serious in order to be able to provisionally suspend them, but The court limited the qualification to serious.
Subsequently, the Executive wanted the TAD to activate the necessary mechanisms to execute its temporary suspension. Rubiales’ resignation, However, it left that process void, since the objective was to keep him away from the presidency of the RFEF, regardless of the decision made by FIFA regarding the 90-day provisional suspension with which it provisionally sanctioned him six days after the facts.