More than Balogun: expert warns of precedent created by FIFA

The note released by FIFA to explain the release of Folarin Balogun for the World Cup should not end the controversy involving the United States striker. Although the entity has detailed the legal basis of the decision and reaffirmed the independence of its Disciplinary Committee, the main issue is still surrounded by confidence in the process.

For Maurício Corrêa da Veiga, partner at Corrêa da Veiga Advogados and specialist in Sports Law, FIFA will still need to convince the public that the decision was taken exclusively based on technical criteria, especially after the President of the United States, Donald Trump, admitted that he asked the entity's president, Gianni Infantino, to review the punishment.

"FIFA will have to explain, in a very transparent and convincing way, the objective criteria that justified the review of the suspension. Regardless of whether Balogun's expulsion was correct or excessive, the most sensitive point is not the decision itself, but the precedent it could establish."

According to the lawyer, the discussion goes beyond the interpretation of the disciplinary regulations and starts to involve one of the most important principles of Sports Law: the autonomy of sports entities.

"The autonomy of sporting entities is one of the pillars of international football and FIFA itself historically combats any form of state interference in national federations. When a disciplinary sanction is reviewed immediately after a public statement by a head of state, even if there is a regulatory basis for doing so, it becomes essential that the entity demonstrates, with absolute transparency, that the decision was made exclusively based on legal criteria."

The position is in line with the debate that has taken over the World Cup since Sunday (5), when FIFA suspended the application of the automatic punishment resulting from the red card received by Balogun in the match against Bosnia and Herzegovina. The measure allowed the striker to play in the round of 16 against Belgium.

The entity's statement
In light of the international repercussion, the entity released this Monday (6) a statement detailing the reasons for the decision.

FIFA stated that the Disciplinary Committee is independent, highlighted that the red card applied by referee Raphael Claus was not annulled and explained that it only suspended the execution of the punishment using the prerogative provided for in article 27 of the Disciplinary Code.

The device allows the implementation of a sanction to be suspended for a probationary period, as long as the circumstances of the case are observed.

In the statement, the entity also maintains that this mechanism is not unprecedented and states that similar decisions have already been adopted previously in competitions organized by FIFA itself.

For Corrêa da Veiga, however, the existence of regulatory provisions does not eliminate the need to preserve institutional credibility.

"In Sports Law, it is not enough to have independence; it is equally important that it is perceived by athletes, federations and fans. The credibility of competitions depends on the confidence that everyone is subject to the same rules, without exceptions motivated by external factors."

In the expert's assessment, this will be FIFA's main challenge in the coming days: demonstrating that the decision to release Balogun resulted exclusively from the application of the regulations, and not from the political pressure generated after the public intervention of the American president.

Uefa blasts FIFA for releasing Balogun for the World Cup: "He crossed a red line"

Source: CNN