Asser International Sports Law Blog

Our International Sports Law Diary
The Asser International Sports Law Centre is part of the T.M.C. Asser Instituut

Time to Cure FIFA’s Chronic Bad Governance Disease

 After Tuesday’s dismissal of Michael Garcia’s complaint against the now infamous Eckert statement synthetizing (misleadingly in his eyes) his Report on the bidding process for the World Cup 2018 and 2022, Garcia finally decided to resign from his position as FIFA Ethics Committee member. On his way out, he noted: “No independent governance committee, investigator, or arbitration panel can change the culture of an organization”. It took Garcia a while to understand this, although others faced similar disappointments before. One needs only to remember the forgotten reform proposals of the Independent Governance Committee led by Prof. Dr. Mark Pieth. More...

The CAS Ad Hoc Division in 2014: Business As Usual? - Part. 2: The Selection Drama

In a first blog last month we discussed the problem of the scope of jurisdiction of the Ad Hoc Division of the Court of Arbitration for Sport. The key issue was whether an athlete could get his case heard in front of the CAS Ad Hoc Division or not. In this second part, we will also focus on whether an athlete can access a forum, but a different kind of forum: the Olympic Games as such. This is a dramatic moment in an athlete’s life, one that will decide the future path of an entire career and most likely a lifetime of opportunities. Thus, it is a decision that should not be taken lightly, nor in disregard of the athletes’ due process rights. In the past, several (non-)selection cases were referred to the Ad Hoc Divisions at the Olympic Games, and this was again the case in 2014, providing us with the opportunity for the present review.

Three out of four cases dealt with by the CAS Ad Hoc Division in Sochi involved an athlete contesting her eviction from the Games. Each case is specific in its factual and legal assessment and deserves an individual review. More...

The Olympic Agenda 2020: The devil is in the implementation!

The 40 recommendations of the Olympic Agenda 2020 are out! First thought: one should not underplay the 40 recommendations, they constitute (on paper at least) a potential leap forward for the IOC. The media will focus on the hot stuff: the Olympic channel, the pluri-localisation of the Games, or their dynamic format. More importantly, and to some extent surprisingly to us, however, the IOC has also fully embraced sustainability and good governance. Nonetheless, the long-term legacy of the Olympic Agenda 2020 will hinge on the IOC’s determination to be true to these fundamental commitments. Indeed, the devil is always in the implementation, and the laudable intents of some recommendations will depend on future political choices by Olympic bureaucrats. 

For those interested in human rights and democracy at (and around) the Olympics, two aspects are crucial: the IOC’s confession that the autonomy of sport is intimately linked to the quality of its governance standards and the central role the concept of sustainability is to play in the bidding process and the host city contract.  More...

The New Olympic Host City Contract: Human Rights à la carte? by Ryan Gauthier, PhD Researcher (Erasmus University Rotterdam)

Three weeks ago, I gave a talk for a group of visiting researchers at Harvard Law School on the accountability of the IOC for human rights abuses caused by hosting Olympic Games. On the day of that talk, Human Rights Watch announced that the International Olympic Committee (“IOC”) would insert new language into the Host City Contract presumably for the 2022 Olympic Games onwards. The new language apparently requires the parties to the contract to:

“take all necessary measures to ensure that development projects necessary for the organization of the Games comply with local, regional, and national legislation, and international agreements and protocols, applicable in the host country with regard to planning, construction, protection of the environment, health, safety, and labour laws.”More...

The UN and the IOC: Beautiful friendship or Liaison Dangereuse?

The IOC has trumpeted it worldwide as a « historical milestone »: the United Nations has recognised the sacrosanct autonomy of sport. Indeed, the Resolution A/69/L.5 (see the final draft) adopted by the General Assembly on 31 October states that it  “supports the independence and autonomy of sport as well as the mission of the International Olympic Committee in leading the Olympic movement”. This is a logical conclusion to a year that has brought the two organisations closer than ever. In April, UN Secretary General Ban Ki-moon appointed former IOC President, Jacques Rogge, Special Envoy for Youth Refugees and Sport. At this occasion, the current IOC President, Thomas Bach, made an eloquent speech celebrating a “historic step forward to better accomplish our common mission for humanity” and a memorandum understanding was signed between the UN and the IOC. This is all sweet and well, but is there something new under the sun?More...

The CAS Ad Hoc Division in 2014: Business as usual? – Part.1: The Jurisdiction quandary

The year is coming to an end and it has been a relatively busy one for the CAS Ad Hoc divisions. Indeed, the Ad Hoc division was, as usual now since the Olympic Games in Atlanta in 1996[1], settling  “Olympic” disputes during the Winter Olympics in Sochi. However, it was also, and this is a novelty, present at the Asian Games 2014 in Incheon.  Both divisions have had to deal with seven (published) cases in total (four in Sochi and three in Incheon). The early commentaries available on the web (here, here and there), have been relatively unmoved by this year’s case law. Was it then simply ‘business as usual’, or is there more to learn from the 2014 Ad Hoc awards? Two different dimensions of the 2014 decisions by the Ad Hoc Division seem relevant to elaborate on : the jurisdiction quandary (part. 1) and the selection drama (part. 2). More...

The new “Arrangement” between the European Commission and UEFA: A political capitulation of the EU

Yesterday, the European Commission stunned the European Sports Law world when it announced unexpectedly that it had signed a “partnership agreement with UEFA named (creatively): ‘The Arrangement for Cooperation between the European Commission and the Union of European Football Associations (UEFA)’. The press release indicates that this agreement is to “commit the two institutions to working together regularly in a tangible and constructive way on matters of shared interest”. The agreement was negotiated (as far as we know) secretly with UEFA. Despite recent meetings between EU Commissioner for sport Vassiliou and UEFA President Platini, the eventuality of such an outcome was never evoked. It is very unlikely that third-interested-parties (FIFPro, ECA, Supporters Direct etc.) were consulted in the process of drafting this Arrangement. This surprising move by an outgoing Commission will be analysed in a three-ponged approach. First, we will discuss the substance of the Arrangement (I). Thereafter, we will consider its potential legal value under EU law (II). Finally, and maybe more importantly, we will confront the political relevance of the agreement (III).  More...

Olympic Agenda 2020: To bid, or not to bid, that is the question!

This post is an extended version of an article published in August on hostcity.net.

The recent debacle among the candidate cities for the 2022 Winter Games has unveiled the depth of the bidding crisis faced by the Olympic Games. The reform process initiated in the guise of the Olympic Agenda 2020 must take this disenchantment seriously. The Olympic Agenda 2020 took off with a wide public consultation ending in April and is now at the end of the working groups phase. One of the working groups was specifically dedicated to the bidding process and was headed by IOC vice-president John Coates.  More...

The CAS jurisprudence on match-fixing in football: What can we learn from the Turkish cases? - Part 1 - By Thalia Diathesopoulou

The editor’s note:

Two weeks ago we received the unpublished CAS award rendered in the Eskişehirspor case and decided to comment on it. In this post Thalia Diathesopoulou (Intern at the ASSER International Sports Law Centre) analyses the legal steps followed and interpretations adopted by CAS panels in this case and in a series of other Turkish match-fixing cases. The first part of the post will deal with the question of the legal nature of the ineligibility decision opposed by UEFA to clubs involved in one way or another into match-fixing and with the personal and material scope of UEFA’s rule on which this ineligibility is based. The second part is dedicated to the procedural rules applied in match-fixing cases.


Introduction

The unpredictability of the outcome is a sine qua non feature of sports. It is this inherent uncertainty that draws the line between sports and entertainment and triggers the interest of spectators, broadcasters and sponsors. Thus, match-fixing by jeopardising the integrity and unpredictability of sporting outcomes has been described, along with doping, as one of the major threats to modern sport.[1] More...


UEFA Financial Fair Play Regulations Put PSG and Manchester City on a Transfer Diet

The main lesson of this year’s transfer window is that UEFA’s Financial Fair Play (FFP) rules have a true bite (no pun intended). Surely, the transfer fees have reached usual highs with Suarez’s move to FC Barcelona and Rodriguez’s transfer from AS Monaco to Real Madrid and overall spending are roughly equal to 2013 (or go beyond as in the UK). But clubs sanctioned under the FFP rules (prominently PSG and Manchester City) have seemingly complied with the settlements reached with UEFA capping their transfer spending and wages. More...

Asser International Sports Law Blog | The FIFA Business – Part 2 - Where is the money going? By Antoine Duval and Giandonato Marino

Asser International Sports Law Blog

Our International Sports Law Diary
The Asser International Sports Law Centre is part of the T.M.C. Asser Instituut

The FIFA Business – Part 2 - Where is the money going? By Antoine Duval and Giandonato Marino

Our first report on the FIFA business dealt with FIFA’s revenues and highlighted their impressive rise and progressive diversification. In parallel to this growth of FIFA’s income, it is quite natural that its expenses have been following a similar path (see Graph 1). However, as we will see FIFA makes it sometimes very difficult to identify precisely where the money is going. Nonetheless, this is precisely what we wish to tackle in this post, and to do so we will rely on the FIFA Financial reports over the last 10 years.


 

Graph 1: FIFA Expenses in USD million (adjusted for inflation), 2003-2013.


The question of the final destination of FIFA’s money is a contentious one. Many allege that FIFA executives may be profiting directly or indirectly from the revenues amassed. In order to better understand to what end FIFA’s money is disbursed, we have gathered the data contained in FIFA’s Financial Reports over a 10 year time frame and we have adjusted the numbers for inflation, thus easing any comparison. This data is synthetized in Graphs 2 and 3.

Graph 2 provides a comparative overview of the evolution of the expenses of FIFA in absolute numbers. This shows that event-related and personnel expenses (to a lesser extent also other operating costs) have been rising, while FIFA’s expenses on development and committees and congresses have remained more or less stable. Graph 3 confirms that the evolution of FIFA’s expenses is not linear, but general lessons can be drawn. The event-related expenses have been representing more than 50% of FIFA’s expenses for 4 years out of the last 5 (2010 stands out as an outlier). The trend towards the reduction of the share of FIFA’s development expenses is clearly observable (from 25% of total expenses in 2003 to 15% in 2013). This trend was only reversed in the particular context of the South-Africa World-Cup in 2010. Besides that, the share of expenses linked to wages and personnel has remained fairly stable (from 7% in 2003 to 8% in 2013). Finally, the share of the other operating costs is difficult to compare across the years, as FIFA has changed its accountancy system. Nonetheless, one can assume that from 2007 onwards, other operating expenses and Football governance (Legal costs and Committees and Congress expenses) expenses should be read together to match the previous understanding of the notion of operating expenses. Thus, read together, operating expenses would have risen from a 16% share in 2003 to a 20% one in 2013. 

 

Graph 2: FIFA Expenses (per stream) in USD million (adjusted for inflation) 2003-2013


Graph 3: Share FIFA expenses over 2003-20013

FIFA’s expenses are concentrated on the organization of its events (see Graph 4). In 2013, 58% of the expenses incurred by FIFA were event related (Graph 3). Indeed, since 2003 FIFA’s expenses on its events have increased from USD 286 million in 2003 to USD 728 million in 2013. However, it is very difficult to extract from the reports provided by FIFA the precise objects of these expenses. It should be noted that the organizing country is tasked with the financing of the main infrastructural investments (stadium, transportation etc…), leaving little infrastructural costs bearing on FIFA. The event-related expenses can be traced back to the financing of the local FIFA World Cup Organizing Committee (the Brazilian committee received up to USD 221.6 million), prize money, travel and accommodation costs of the FIFA officials and the participating teams and other expenses. Furthermore, they also include the FIFA Club Protection programme that compensates clubs in case of injuries suffered by players while on duty with their national teams.

 

Graph 4: FIFA Event-related Expenses in USD million (adjusted for inflation), 2003-2013

 

FIFA is often keen on trumpeting its development-related investments. It is even a key argument to justify its public utility: FIFA is to favour the development of football worldwide. This myth falls partially apart when one looks at the numbers and at their recent trajectory. Indeed, as shown in Graph 5, since 2003 (omitting the exceptional South-African peak of 2010) the Development-related expenses of FIFA have remained fairly stable (139 USD million in 2003, 185 USD million in 2013), in spite of the tremendous growth of both its overall revenues and expenses. Thus highlighting that FIFA has not been very keen on developing redistribution streams in favour of its members, the players or the supporters. Furthermore, the development schemes of FIFA are notoriously lacking transparency and their ability to achieve any real trickle-down effect is not warranted. The recent corruption scandals surrounding former FIFA vice-president Jack Warner, have highlighted the risks of this development aid getting lost in the pockets of corrupted local football officials. If FIFA is serious about football development, and not only interested in PR, it should overhaul its development funding scheme, both in terms of absolute numbers and of its institutional set-up.

 

Graph 5: FIFA Development related expenses in USD million (Adjusted to inflation) 2003-2013

 

On the other hand, FIFA’s own personnel costs have grown over the last 10 years (Graph 6) from 37 USD million in 2003, to 103 USD million in 2013. FIFA employs 400 staff members at its administrative centre in Zurich. The administration of FIFA is a costly enterprise. In 2013 the operating expenses reached 219 USD million (Graph 8), this includes the personnel expenses (Graph 6), but not the football governance expenses (the Committees and Congress expenses in Graph7 and legal expenses), overall the operating cost reaches 276 USD million! Those costs, especially the one dubbed other operating costs (Graph8) are relatively obscure. What do they include? Personnel (102 USD million in 2013), information technology, buildings and maintenance (22 USD million in 2013), taxes and duties (17 USD million in 2013), depreciation and amortization (12 USD million in 2013), communications (31 USD million in 2013) and other non determined expenses (32 USD million in 2013); but without providing any more details about the concrete content of those categories. This lack of explanation can only play in the hand of those that dismiss FIFA altogether as an organization interested solely in its own wealth and well-being. One is left puzzled by the amount of the operating costs, which are neither disbursed for the organization of specific events (those are the event-related expenses in Graph 4), nor for the organization of important meetings (those are the Congress and Committees expenses in Graph 7). It may be that the FIFA building’s toilet are made of gold or that its canteen is a three-star Michelin restaurant, but if so we would like to know.

 

 

Graph 6: FIFA Personnel Expenses in USD million (Adjusted to inflation) 2003-2013


 

Graph 7: FIFA Committees and Congress Expenses in USD million (Adjusted to Inflation) 2003-2013


Graph 8: FIFA Other Operating Expenses in USD million (Adjusted to inflation)

 

Finally, FIFA has constituted a richly dotted war chest. Over the last 10 years of economic success it has amassed huge financial reserves (Graph 9), reaching up to 1453 USD million in 2013. Money lying still at a Swiss bank instead of being invested in the development of football. This money is making money for FIFA through the interests it produces. However, one can wonder why FIFA would need to hold onto such a mountain of cash, instead of redistributing in (in one way or another) to the ‘football family’. This perceived need is illustrative of the transformation of FIFA into a proper business, far remote from the interests of football and its actors.

 

Graph 9: FIFA reserves in USD million (Adjusted to inflation)

 

Conclusion: Follow the money…

We have tried to follow FIFA’s money, in order to better understand if some of the criticisms raised against the management of FIFA were justified. From a macro point of view one fact needs to be highlighted: FIFA has been making a lot more money over the last 10 years and very few of this additional money has been redistributed via its football development schemes. In fact, it is the only stream of outgoings that has seen its share in FIFA’s overall expenses drastically cut from 25% to 15% over the last 10 years. FIFA should take its development programmes seriously if it is to continue relying on them to argue its good faith and willingness to contribute to global welfare.

Moreover, one characteristics of FIFA’s financial report is the lack of transparency and readability of the data. One is challenged to figure out what certain categories concretely mean. FIFA is spending a lot for things that cannot be traced easily. At a micro-level, there is an urgent need for external observers to be able to go through the detailed account of FIFA. One of the trigger for rumoured, but also probably for real, instances of corruption lies in the fact that the supervisory mechanisms provided by public scrutiny (through the press and other institutions) is rendered moot by the accounting walls built by FIFA to isolate its spending from the public’s eye.

Eventually, FIFA must let us (and help us to) follow its money. This would be a giant step towards countering the corruption allegations being made and also legitimating the role of FIFA as the governing institution of world football. If the ‘football family’ is able to see and control the path followed by FIFA’s money, the trust in FIFA as an institution will most likely improve.

 

 


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