THE CHAMPIONS LEAGUE COULD BE IN DANGER
Could Barça be left out of the Champions League 23-24 due to the 'Negreira case'?
This Friday the complaint from the Prosecutor's Office for the 'Negreira case' and its links with FC Barcelona has been formalized, with the watchful eye of UEFA and FIFA: Can there be sanctions for the culés?
The Fiscalía has reported, in front of the Court of Instruction number 1 of Barcelona, the 'case Negreira' by the payment of the FC Barcelona in the last years to the exvicepresidente of the Technical Committee of Referees (CTA). They have been accused a crime continued of corruption the Barcelona club, like legal person, as well as the ex-presidents Sandro Rosell and Josep María Bartomeu. The next days and weeks could be keys for the future of the complaint for the culés.
The writing of the Public Ministry does reference to that the ex-presidents, above-mentioned, had reached a "verbal agreement strictly confidential" with the exvicepresidente of the Technical Committee of Referees, Enríquez Negreira, "so that, in his quality of Vice-president of the CTA and in return of money, made tending performances to favour to the FCB in the taking of decisions of the referees in the parties that contested the Club, and like this in the results of the competitions". Now, the focus is, in principle, in the UEFA at most organism of the European football... They can have consequences?
The possible intervention of the UEFA with the 'case Negreira'
As they coincide in several means, the participation of the FC Barcelona in European competitions for the next season would run danger because the UEFA would consider that the reputation of the Champions League would remain damaged by the presence of the Barcelona club, for being wrapped in the 'case Negreira' in the actuality. The solution, for them, would be in separating them.
To understand the trasforndo of the position that could take the maximum organism of the European football it is necessary to loan great attention to the disciplinary regulation of the UEFA, in his articles 4.02 and 4.03, in which it does reference to that, in case that it could check any activity headed to fix or influence in a party, have the authority to exclude to the team by a season. An article that could 'prejudice' to the Barça in case that they arrived to confirm irregularities.
The articles that interceden for the Barça
As we mentioned before, the articles 4.02 and 4.03 of the disciplinary regulation do reference to that "if, on the base of all the circumstances and the available information to the UEFA, the UEFA concludes to his whole satisfaction that a club has been direct and/or indirectly involved from the entrance in force of the article 50 (3) of the Statutes of the UEFA, that is to say, of 27 April 2007, in any activity headed to fix or influence in the result of a party to national or international level, the UEFA will declare that said club will not be able to participate in the competition. This inelegibilidad is effective only for a season of football".
In the same, do upsetting in that they can take the decision without that it exist a firm sentence of the, in this case, the links between the Barça and Enríquez Negreira: "When taking his decision, the UEFA can trust, but is not forced by a decision of a national sportive organism or international, referee's court or a state court. The UEFA can abstain to declare that a club can not participate in the competition if the UEFA is satisfied of the impact of the decision adopted in relation with the same circumstances in fact by a national sportive organism or international, referee's court or state court already has had the effect to avoid that the club participate in a competition of clubs of the UEFA".
Possible disciplinary measures against the Barça
Of the same way, in the regulation of the UEFA does reference to that the organism reserves the right of not including to the clubs that do not fulfil in Regulation: "In addition to the administrative measure to declare a no eligible club, such as it foresees in the paragraph 4.02, the Organs of Administration and Justice of the UEFA can, if the circumstances like this justify it, also can take disciplinary measures of compliance with the Regulation of Discipline of the UEFA".