Post by account_disabled on Mar 13, 2024 5:02:41 GMT
From his point of view, “ the ruling reinforces the TAD as an administrative body .” The resolution is thoughtful and consistent. They have assessed everything they had in their hands and on that basis have made a legal decision. He has been immune to pressure. The easy thing would have been to follow the CSD's theses and classify it as a very serious infraction and seek automatic suspension. Even in the resolution itself they talk about their independence of action vis-à-vis the CSD, in case there is any doubt about it,” he points out.
In his opinion, the CSD's strategy has been wrong DJ USA and hasty. “Filing a complaint on the same Friday that Rubiales said that he was not resigning has been reckless. Nor have they presented other complaints from former referee Estrada Fernandez or Miguel Ángel Galán himself. It is possible that the CSD could take the lead in achieving this with its complaint.”
At the same time, he highlights that “as we have learned, the TAD itself has requested more information to complement the complaint. What is striking is that he has only filed his complaint and has not reported the other 16 that came into his possession .”
Gonzalo Jiménez , legal compliance & integrity manager specialized in Sports, has just participated in a debate on the Rubiales case organized by the World Compliance Association. “ The TAD resolution is quite based on the two serious offenses according to the Sports Law of 1990. ” I think that Victor Francos sold Rubiales' disqualification in an adventurous way and the resolution of the TAD makes it clear that the matter had a lot of legal complexity."
This lawyer recalls that “ despite the Government's haste, a regulated procedure is being followed , now with an instructor where both parties will contribute their allegations on these issues. The TAD, which has been recently renewed, will take the last word on the possible sanction or not of Rubiales in a period of about two months, making it clear that in case of disagreement any of the parties may resort to the contentious administrative route of the National Court. ”.
For Nogueiro, who believes that the two issues raised by the CSD are very serious infringements , the legal matter will have its development "even the actions of FIFA may be appealed to the CAS, from this Court of Sports Law it will go to the Swiss Federal Court and the end could end up in the Human Rights Court where the Castersen Meyer case ended after being rejected in all instances.”
In his opinion, the CSD's strategy has been wrong DJ USA and hasty. “Filing a complaint on the same Friday that Rubiales said that he was not resigning has been reckless. Nor have they presented other complaints from former referee Estrada Fernandez or Miguel Ángel Galán himself. It is possible that the CSD could take the lead in achieving this with its complaint.”
At the same time, he highlights that “as we have learned, the TAD itself has requested more information to complement the complaint. What is striking is that he has only filed his complaint and has not reported the other 16 that came into his possession .”
Gonzalo Jiménez , legal compliance & integrity manager specialized in Sports, has just participated in a debate on the Rubiales case organized by the World Compliance Association. “ The TAD resolution is quite based on the two serious offenses according to the Sports Law of 1990. ” I think that Victor Francos sold Rubiales' disqualification in an adventurous way and the resolution of the TAD makes it clear that the matter had a lot of legal complexity."
This lawyer recalls that “ despite the Government's haste, a regulated procedure is being followed , now with an instructor where both parties will contribute their allegations on these issues. The TAD, which has been recently renewed, will take the last word on the possible sanction or not of Rubiales in a period of about two months, making it clear that in case of disagreement any of the parties may resort to the contentious administrative route of the National Court. ”.
For Nogueiro, who believes that the two issues raised by the CSD are very serious infringements , the legal matter will have its development "even the actions of FIFA may be appealed to the CAS, from this Court of Sports Law it will go to the Swiss Federal Court and the end could end up in the Human Rights Court where the Castersen Meyer case ended after being rejected in all instances.”