The right to be heard is a fundamental right and one of the most important elements of the right to a due process that must be respected in the course of the proceedings in front of any judicial body. A party that has not appealed in a timely manner a decision that, as a consequence, became final and binding, is not entitled to contend within subsequent proceedings that its right to be heard was infringed in the course of the previous proceedings, and try to re-open the case.
A complementary sanction consisting of a ban on taking part in any football-related activity as long as the main sanction consisting in the payment of a fine is not complied with can be deemed to be adequate and proportionate to its legitimate aims pursued if the fine is reasonable taking into account the economic and financial capacity of the sanctioned party.Facts/Procedure
On 22 August 2007, the Players’ Status Department of FIFA (PSD) opened proceedings against the Agent with regard to his participation in the transfer of the Player L. from the Club B. to the Club C.
On 26 October 2007, given that no statement had been received from the Agent within such proceedings, the PSD requested him via his National Federation (Argentinean Football Federation or AFA) to provide his position in respect to the case before 12 November 2007. On 31 October 2007 the AFA informed the PSD that it was not aware of the role of the Agent in the transfer of the Player.
On 5 August 2010, the PSD informed the parties to the referred proceedings that the case was going to be submitted to the consideration of the Single Judge of the FIFA Players’ Status Committee (FIFA PSC), and expressly requested AFA to inform the Agent accordingly.
The FIFA PSC considered that the Agent committed, in the framework of...
Why not join us?
Football Legal is an independent media publishing football law contents on a daily basis dedicated to all football law practitioners (lawyers, clubs, federations, intermediaries, football stakeholders, etc.).
Register today and stay tuned to the latest legal news.
Get started