Disciplinary procedures in Norwegian and international football
Introduction
Nationally and internationally, sport is given a high degree of autonomy. As long as sport operates within a certain set of frames, the sport itself can decide which rules should apply in the field of sport and establish bodies that deal with violations and disputes within of the frame of sports. In Norway, the framework for sports regulations is set out in The Norwegian Confederations of Sports’ (NIF) statutes, which are binding for Norwegian sports associations and Norwegian sports clubs.
Domestic disciplinary bodies within sports
In Norwegian sports, the decision-making authority for less serious violations is given to the specific national sports association. There is a distinction between sanctions, which the sport association's bodies can impose, and sentences, which in principle only can be imposed by NIF's judicial bodies. The limit between what is considered sentences and sanctions is regulated in NIF's statutes § 11-2. As a sanction a sport association can issue fines up to NOK 50,000, - to individuals and NOK 500,000, - to clubs, and bans up to three months. Fines and exclusions that exceed these limits must be imposed as a sentence. Sport association, which meet certain conditions, have been given the opportunity to establish their own judicial bodies that can impose sentences. As of today, only the Norwegian Football Association (NFF) has its own judicial bodies that can issue sentences, while sentences in other sports are issued by NIF's judicial bodies.
The Norwegian Confederations of Sports’ disciplinary bodies
The NIF Adjudication Committee consists of the chairman, deputy chairman, four members and two deputy members, who are elected by the Sports Congress for four years. The Adjudication Committee deals with all serious infringements of sports regulations, except sentences in football, which are dealt with by NFF's judicial bodies. Most cases in the Adjudication Committee are dealt with in a written process, in which the committee deals with the case on the basis of evidence and written correspondence. Some cases are dealt with through oral hearing, where the parties are given the opportunity to present the case orally, and to question witnesses. Everyone can report violations of the sports regulations. Except in doping cases, where the Prosecution Commission in Antidoping Norway states the case, NIF does not have a prosecution board.
The NIF Appeals Committee consists of the chairman, deputy chairman and four members, who are elected by the Sports Council for four years. The Appeals Committee deals with appeals against decisions made by the Adjudication Committee. Most cases are dealt with after a written process, but some cases are dealt with through oral hearing. In doping cases, the appellant can choose whether the appeal should go for NIF's Appeals Committee or for The Court of Arbitration for Sports (CAS). Decisions by the Appeals Committee are final, except for doping cases, which can be appealed to CAS.
The Norwegian Football Association's disciplinary bodies
The NFF’s Disciplinary Committee
The NFF Disciplinary Committee deals with match suspensions as a result of red cards in matches involving teams in the four top divisions for men and two top divisions for women, as well as in national cup matches. The committee also deals with cases of other alleged violations committed in connection with a match that has not led to a red card. The committee consists of nine members, who are appointed by NFF's Executive Commitee each year, based on recommendations from the clubs. The Disciplinary Committee holds telephone meetings after each match round in the top divisions, as well as after each cup round. The committee's decisions can be appealed to the Appeals Committee, but the Appeals Committee has limited possibility to review the committee's assessment.
The NFF Adjudication Committee
The NFF Adjudication Committee deals with sentences following NFF's serious infringements of NFFs statutes and regulations. The committee also deals with sanctions and protests under NFF's reaction regulations, as well as sanctions under NFF's regulations for working with intermediaries. The committee's chairman, two deputy chairmen and four members are elected by the General Assembly. The Adjudication Committee deals with cases that are referred to by the Prosecution Tribunal, which makes recommendations for sentences or sanctions in each case. Most cases are dealt with after a written process, but some cases are dealt with through oral hearing. The decisions of the Adjudication Committee can be appealed to the Appeals Committee.
The Appeals Committee
The Appeals Committee deals with appeals against decisions made by the Disciplinary Committee and the Adjudication Committee, as well as appeals against the decisions of the Executive Committee and the regional offices. The Appeals Committee consists of the chairman, a deputy chairman and three members, who are elected by the General Assembly. It is possible for the parties to demand oral process, although most of the cases are processed in writing. The Appeals Committee’s decisions are final.
The Club License Committees
The Club License Committee deals with questions regarding club license to teams in the Norwegian top three divisions for men, and the top division for women. In addition, the Club License Committee grants UEFA license on behalf of UEFA for those clubs that will participate annually in UEFA competitions. Norwegian club license is a prerequisite for being able to compete in the said series. The Club License Appeals Board deals with the club's appeals about decisions made by the Club License Committee.
International legal sports disciplinary bodies
Internationally, legal bodies have been established to deal with violations of sports regulations. Within football, FIFA and UEFA has established legal bodies that have the competence to impose sanctions for violations of regulations in the competitions they organize, for example FIFA World Cup and UEFA Champions League.
The Court of Arbitration for Sports (CAS) may be the appeals body in cases that have been dealt with by other bodies at an earlier stage, e.g. by UEFA’s or FIFA’s legal bodies. CAS can act as an appeals body both in disciplinary cases where sanctions have been imposed by international federations as a result of violations of sports regulations, and in disputes that have been dealt with by a legal body within sports at an earlier stage. There are two conditions for CAS to handle these cases. Firstly, the statutes or regulations of the sports organization in question, e.g. FIFA or UEFA, must recognize CAS as the appeals body for the type of case in question. Secondly, all other internal legal remedies must be exhausted. If the sports organization for example has established an appeals body, the case cannot be appealed directly from the first body to CAS, as it is only when the sports organization's appeal body has made a decision that this decision can be appealed to CAS.
The civil court system
As we can see, the sport itself, to a large extent, can impose disciplinary sanctions on violations of the sports regulations. This does prevent the ordinary civil courts processing and discipline the same activities. Some events may involve violations of both the sports regulations and national legislation. Violence on the sports field, for example, could result in both exclusion from the sport, imposed by the sports bodies, and punishment imposed by the ordinary courts.
