Football Governance: UEFA’s letter of warning against legislation

This article was co-authored by Tom Fennelly, Trainee Solicitor

The seemingly impending introduction of an Independent Football Regulator (“IFR”) through a Football Governance Bill (“Bill”) in England, as proposed by this Government and its predecessor, has piqued the interest of all key stakeholders, although potentially for the wrong reasons.

We previously discussed the Bill and the proposed establishment of an IFR in our recent article [1]. Although the Bill has been positively received by many, concerns have been raised about the impact on the autonomy of the sport. We will continue to monitor any progression and decisions relating to the Bill closely.

‘Government interference’ – a storm in a teacup?

In a leaked letter sent on the 2^nd September to Lisa Nandy, Secretary of State for Culture, Media and Sport, UEFA general secretary Theodore Theodoridis raised concerns with regards ‘government interference’ in the sport. Theodoridis warned that ‘governance could undermine the established structures and processes of the sport’, explaining that with regards government interference, UEFA has ‘specific rules that guard against this in order to guarantee the autonomy of sport’. The most headline grabbing part of the letter explained that ‘the ultimate sanction […] would be excluding the federation from UEFA and teams from competition’ [2]. This would prevent the England Men’s National Team from participating in Euro 2028, a competition which they are set to host. It would also mean that Premier League clubs would be stopped from competing in the UEFA Champions League, Europa League and Conference League.

In spite of the headlines, many believe this rhetoric could just be a media led panic. One news outlet claims that, according to a source at UEFA, the letter was ‘mostly positive’ and ‘that its concern was less about the independent football regulator and more about the extent of its powers’ [3]. The Football Supporters Association (FSA) has also said that it is ‘confident there’s no risk to England’s participation in tournaments’ and that ‘Department for Culture, Media and Sports officials believe there is ‘no risk’ of this happening’. The FSA go on to explain that ‘the Government liaised with the FA and UEFA during the creation of the Bill and will continue to do so’ [4].

What’s next?

Following the Euros, Lisa Nandy explained that the Bill ‘will be a top priority’ and that ‘there’ll be early action from this Government’ [5]. It is expected that more news will follow in the coming weeks and months, with football regulation and the law in the spotlight following the start of Manchester City FC’s hearing by an Independent Commission into their 115 charges for allegedly breaching the Premier League financial rules.

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