Josep Maria Bartomeu


Bartomeu 'counters back' in the 'Negreira case' and appeals his accusation of bribery

Published:4/10/2023 - 20:38h

Updated:4/10/2023 - 20:39h

Josep María Bartomeu, former president of FC Barcelona, ​​presented a letter to the Barcelona Court to explain his and the club's innocence in relation to the crime of bribery recently charged in the 'Negreira case'

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They follow the disputes in the 'case Negreira'. The judge of Barcelona, Joaquín Aguirre, commissioned of this case, accused to the FC Barcelona of cohecho the past Thursday, arguing that the payments made by the Barcelona institution to Enríquez Negreira by referee's reports constituted a crime, since the exvicepresidente of the Referee's Technical Committee was considered civil servant according to the magistrate, the one who considers to the Referee's Committee like a public entity.

It is important to stand out that this imputación no only extended to the Catalan cast, but it also involved to Sandro Rosell, Josep María Bartomeu and other directors of the club, excluding to Joan Laporta. In this sense, the first in defending and present resources has been the always controversial Bartomeu.

Why Enríquez Negreira is not "civil servant" according to Bartomeu?

In his resource directed directly to the Audience of Barcelona, the ex-president of the Barça questioned the paper of "civil servant" of Jose María Enríquez Negreira, expressing by means of a writing of his lawyer José María Fuster Fabra: "If the gentleman Enríquez was a public civil servant, although it did not perceive remuneration in his charge, with more reason would have been it the president of the RFEF, the gentleman Rubiales". Doing reference to the 'case Rubiales' and how his controversy carried to back coerce.

In fact, in relation with the 'case Rubiales', the referred text poses the following: "Well it fits to remember the recent events, sadly famous, neither the administration, neither the Upper Council of Sports, neither the Ministry of Sports, could cease it, had to be the UEFA and the FIFA those who caused this cessation".

The Administration does not have interference in the RFEF

This resource used in the writing employed to argue that the Administration practically could not interfere in the subjects of the Federation, where alleges that the Administration "does not exert economic control on the RFEF" neither on his personnel. This, together with the fact that the international federations, European and national have his own sportive courts, shows that these entes consider "independent of the governments and his laws".

Josep María Bartomeu, in his attempt of refutar the theory that the RFEF is not of private character, limits that "it is a private entity that does not form part of the public sector" and emphasizes that the cohecho applies when the Public Administration, already was a civil servant or an authority, "does not respect the legislation neither the general principles of the Right".

Aunado To this, the text highlights that in the statute of the Federation, the referees are defined like "entities of private juridical nature" and that his employees are not civil servants, but have labour agreements. In this point, recalca that Enríquez Negreira "did not have labour agreement neither received a wage by part of the Federation".

Negreira lacked 'can' in the Referee's Technical Committee

Finally, the writing emphasizes in that there are referees that have declared that, although Negreira was vice-president of the Technical Committee, "carecía totally of power to carry out any of the actions that attribute him ", like influencing in the designation of referees and, therefore, favour to the Barça. It expresses that the decision of the judge to declare the crime of cohecho only pretends "to save the survival" of the case.

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