The individual vote of the president of the Administrative Court of Sport (TAD), Francisco de Miguel Pajueloindicates that there was an abuse of authority in the kiss from the president of the Royal Spanish Football Federation (RFEF), Luis Rubialesto the player Jenni Beautiful at the end of the World Cup final female.
Pajuelo issued a particular vote against the TAD decisionsince it considers that the body should have opened a disciplinary file against Rubiales for very serious infractions for notorious and public acts that violate dignity and sporting decorum, as well as for abuse of authority.
As published by Iusport this Saturday, Pajuelo considers that, without giving sexual content to the kiss between Rubiales and the international player Jenni Hermoso on the podium after Spain’s victory in the World Cup, it is an excessive and unfair act, unseemly, discriminatory to women and carried out precisely by someone who is in a position of superiority that allows them to carry out this type of act, with absolute contempt for the person who is being kissed.
Disregard for a subordinate
“This excess, even devoid of a sexual content, cannot be simply considered an inadequate passionate reaction, given the framework in which it is carried out, on whom it is carried out and the situation of pre-eminence of the person who does it. This disregard for a subordinate in the conditions in which it was produced, I think it could fill the administrative infringing type of abuse of authority,” he says.
For this reason, he believes that the TAD should have opened a disciplinary file for this fact as a very serious offense, as well as for notorious and public acts that violate the dignity and sporting decorum
As published by Iusport, this is how Pajuelo, a Social Security lawyer and formerly a member and secretary of the court that he now presides, exposes it, one day after this body upheld the request of the Higher Sports Council (CSD) on the opening of a file against Rubiales , although for possible serious and not very serious infractions as requested by the agency.
For the president of the TAD, the “reasoned request meets the established requirements, so that, given sufficient evidence to understand that the offenses indicated could occur, the conclusion of the Administrative Court of Sport should have been to open the requested disciplinary file, without other considerations that could contaminate the investigation and, where appropriate, the decision by the Court itself of what was agreed”.
federation media
It also considers that the file requested for abuse of authority could be opened for “the possible use of federative means to cover up, mitigate, blur or launder unseemly conduct by the president of said federation, which has been recognized by him and for which he has apologized.”
“With the derivative, to consider if there are enough indications to understand that the kissed player has been pressured (as she herself has stated in public statements) to, likewise, make statements that try to mitigate or justify said behavior. This last circumstance that , if fully accredited, would also fill the offending type cited”, points out Iusport.
The president of the TAD also disagreed with the consideration made by the resolution approved by the TAD court on the disciplinary offense consisting of notorious and public acts that violate the dignity and sporting decorum to consider the facts analyzed only as a serious offense.
The composition of the TAD
The TAD is a collegiate body at state level, organically attached to the CSD that acts independently of it. It is made up of seven members with a degree in Law, who designate a president by election among themselves.
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For its composition, four of its members are appointed at the proposal of the president of the CSD and three are proposed by the sports federations. Their term of office is six years and they cannot be re-elected, although they are partially renewed every three years.
It is currently made up of its president, Francisco de Miguel Pajuelo, Social Security lawyer and who was previously a member and secretary of the court, Guillermo de Blas Bados (State lawyer), secretary, and the members Eva María Fernández Cifuentes (State lawyer). , Pilar Juárez Pérez (tenured professor at the Carlos III University), Alfonso Ramos de Molins Sainz de Baranda (State attorney), Jaime Caravaca Fontán (State attorney) and María Adela Porta Serrano (state attorney).