After nearly 15 years with no major changes to the FIFA Disciplinary Code, the new Disciplinary Code came into effect today on July 15, 2019. Several notable changes have been made regarding various topics.
Racism
FIFA has introduced four updates regarding the zero tolerance principle regarding racism and any other form of discrimination in Article 13, namely:
- The scope, definition and content of FIFA's anti-racism and anti-discrimination vision has been updated in accordance with the highest international standards. The new article is now worded as follows:
"Any person who offends the dignity or integrity of a country, a person or group of people through contemptuous, discriminatory or derogatory words or actions (by any means whatsoever) on account of race, skin color, ethnic, national or social origin, gender, disability, sexual orientation, language, religion, political opinion, wealth, birth or any other status or any other reason, shall be sanctioned with a suspension lasting at least ten matches or a specific period, or any other appropriate disciplinary measure. "
- As a rule, matches will automatically be abandoned if the referee decides to stop them after the referee has followed the three-step procedure for discriminatory incidents.
- For repeat offenders involved in racist or discriminatory incidents, or if the circumstances of the case require, disciplinary action will now require a prevention plan to promote diversity awareness and combat discrimination in Football.
- In addition, FIFA's Disciplinary Committee will be able to allow the victim of discrimination to have the right to speak, allowing that person to participate in the proceedings.
Enforce statements
In addition, there are three changes regarding the enforcement of financial and non-financial statements. FIFA made these changes in order to enhance its global position on financial justice and, where relevant, exercise its power as the governing body of world Football. The new Disciplinary Code includes the following changes:
FIFA will now also enforce CAS rulings at first instance. The text of Article 15 (former Article 64) is as follows:
"Anyone who fails to pay another person (such as a player, a coach or a club) or FIFA a sum of money in full or part, even though instructed to do so by a body, a committee or an instance of FIFA or a CAS decision (financial decision), or anyone who fails to comply with another final decision (non-financial decision) passed by a body, a committee or an instance of FIFA, or by CAS:
(a) will be fined for failing to comply with a decision; in addition:
(b) will be granted a final deadline of 30 days in which to pay the amount due or to comply with the non-financial decision;
c) in the case of clubs, upon expiry of the aforementioned final deadline and in the event of persistent default or failure to comply in full with the decision within the period stipulated, a transfer ban will be pronounced until the complete amount due is paid or the non-financial decision is complied with. A deduction of points or relegation to a lower division may also be ordered in addition to a transfer ban in the event of persistent failure, repeated offenses or serious infringements or if no full transfer could be imposed or served for any reason.
(d) in the case of associations, upon expiry of the aforementioned final deadline and in the event of persistent default or failure to comply in full with the decision within the period stipulated, additional disciplinary measures may be imposed;
(e) in the case of natural persons, upon expiry of the aforementioned final deadline and in the event of persistent default or failure to comply in full with the decision within the period stipulated, a ban on any Footballl-related activity for a specific period may be imposed. Other disciplinary measures may also be imposed." (emphasis added)
In addition, to close the financial gap between individuals, FIFA will also support those with insufficient financial resources in the Disciplinary procedure. This is outlined in the new Article 42. In addition to financial support, FIFA's legal assistance will also allow access to adequate advice on a pro bono basis.
Matchfixing
The fight against match-fixing has also been simplified and the Disciplinary Committe is now the only body authorized to adjudicate match-fixing cases at the FIFA level.
Transparency
FIFA has also sought to be more transparent in the future. Certain types of Disciplinary hearings - concerning doping and match-fixing - will thus be open to the public if requested by the parties. Finally, a dedicated FIFA website (legal.fifa.com) will be launched in the last quarter of 2019 where the most important decisions and rulings of FIFA's judicial bodies and other useful legal documents will be published.
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