Complaint to the FA Premier League re the Berbatov saga

I have just sent the following to UEFA

'I would appreciate your views on the latest scandal to hit the English football authorities.

The headline issue is the Football Association’s (FA) failure to administer the laws of the game.

The FA is responsible for ensuring that the international Laws of the Game are applied on the field, and that the rules and regulations concerned with running football in England are observed by officials, clubs and players off the pitch as well as on it.

The FA insist that all leagues under their jurisdiction operate a set of rules in line with their own regulatory framework. These rules should apply equally to all leagues from the Premier League down to grass roots football.

Each league is required to submit its rules to the FA on an annual basis for approval. Once sanctioned, each league is expected to apply these rules to all parties in a fair manner and the FA has the power to step in where they deem it appropriate.

Unlike many other countries the FA insist that all leagues under their jurisdiction have specific rules in place to combat illegal approaches to players. The Premier League’s rule K3 is supposed to cover the issue of illegal approaches and is mentioned in the following terms:

'Any club which by itself, by any of its Officials, by any of its Players, by its Agent, by any other Person on its behalf or by any other means whatsoever makes an approach directly or indirectly to a Contract Player except as permitted by Rule K1.1.2 or Rule K2 shall be in breach of these Rules and may be dealt with under the provisions of Section R'. Rule R1 gives the Premier League the authority to inquire into any suspected or alleged breach as it sees fit: 'The board shall have power to inquire into any suspected or alleged breach of these Rules and for that purpose may require any Manager, Match Official, official or Player to appear before it and to produce documents'.

However, Cathy Long (the Premier League’s Head of Customer Strategy) has written to me to say the clubs had told the Premier League that in the absence of a complaint rule K3 was not a rule the collective body of Clubs wished to apply. She indicated the Premier League had not told the FA of this working amendment to rule K3 as they were not obliged to discuss every detail of the implementation of each Rule, simply any Rule alterations as and when they were applied – my view that this was an amendment in all but name and should have been submitted to and approved by the FA was rejected by the Premier League.

Having exhausted the Premier League’s complaint process I took the matter to the FA. I set out my complaint and asked they investigate what was, in layman’s terms, a secret rule change in respect of Premier League Rule K3, which placed all clubs who played by the rules at a competitive disadvantage. It also placed the Premier League on a different footing to all other clubs in English leagues. This has led to clubs at the most junior level being liable to punishment for making an illegal approach whereas an identical offence committed by Premier League clubs would pass without sanction.

I complained the intent and effect of the rule change was to prevent the Premier League having much by way of effective power in being able to police the system in relation to allegations of illegal approaches, as the secret agreement meant rule K3 as intended had been neutered by the very clubs the rule was aimed at.

I therefore asked the FA to investigate the way Premier League clubs had circumvented rule K3 and how the Premier League itself had not brought what amounted to a rule change to the attention of the FA.

The FA’s response was disappointing in the extreme. It simply failed to address the substantive points raised and refused to enter into any more correspondence on the matter.

I would be grateful therefore if you could let me know whether you have any jurisdiction on the matter in question and if so whether you would be able to raise the matter with the English authorities. For whilst your organisation does not insist that all leagues in England have a rule to cover so-called illegal approaches the FA has a duty to ensure all clubs and all leagues are treated equally in this regard – it cannot be right that one of the most powerful league in Europe exempts itself from one of the rules set by its national body and that the said national body refuses to investigate allegations of wrong doing, even when evidence is put before it.
 
goat boy said:
Keep at em, Monty. Do UEFA have a policy with regard to response to communications recieved?
No idea, but the FA either don't, or they don't adhere to it. Had I not prompted them again they were clearly not going to respond to my last substantive post.
 
Nice one monty, keep going 'old grit'!! Must be frustrating, I would've given up by now. More proof that football is corrupt and the FA really dont give a shit.
 
Bluemoon115 said:
stonerblue said:
not still going on about this shit are we?

Surely you could quite easily avoid this thread if you don't like the sentiments behind it?

I've been avoiding it for months now in the hope it wold go away. I wonder what the 'sentiment behind it' is.
If it's an attempt to highlight corruption inthe FA then there are several transfers that could be looked at.
 
stonerblue said:
Bluemoon115 said:
Surely you could quite easily avoid this thread if you don't like the sentiments behind it?

I've been avoiding it for months now in the hope it wold go away. I wonder what the 'sentiment behind it' is.
If it's an attempt to highlight corruption inthe FA then there are several transfers that could be looked at.

No it isn't, as I will explain below, but mention which transfers you are hinting at, would you?

My attitude to what happened has changed over time as the case has developed.

At first I was simply incensed by the arrogance of that lot down the road (again) and was then equally annoyed by the determination of the authorities not to do anything about it and say as little as possible about it. Lurking in the background was my annoyance over the way the EPL behaved over the West Ham/Tevez affair which offended all sense of natural justice.

But as I chipped away, it became apparent this was much bigger than just one transfer and to me has become more about how the English authorities treat the big boys (all Premiership clubs) with lower league clubs right down to the bottom of the pyramid. And it leads me to think that the tapping up rule as applied across England is unsustainable in its current form, due to those inconsistences. And whether we should have it at all is indeed pertinent, as you imply.

Clearly the Premier League and FA were never going to do anything, but, there was a process for me to go through, as I have done. It is now with UEFA, and will probably go to FIFA. As far as the Europeans are concerned we're somewhat unusual in having a tapping up rule because generally speaking they don't and can't see what all the fuss is about. So it's unlikely that any pressure would be brought to bear by them to uphold a principle they don't agree with.

But what might seem strange to UEFA and/or FIFA is that the FA insist on such a rule for all its leagues yet effectively exempt the Premier League from it, having junior leagues under its banner punish clubs whilst letting the big boys get away with their transgressions. Such inconsistency is hard to defend and there is a powerful argument to be made that if the FA are not prepared to ensure the rule is enforced consistently throughout England then perhaps the rule should be dropped altogether, thus bringing us into line with the rest of Europe. Could UEFA and/or FIFA insist on this if they saw lesser leagues in England experiencing differing treatment/punishments for the same offences? Who knows, but it will be interesting to find out.

And such a change would be no bad thing for City, given the timing of the money kicking in and the global recession about to hit everyone else!

Someone has suggested I go to the French, who are no great lovers of the EPL, as a way of trying to exert pressure. This is no bad idea, but I would need to do this with the help of someone who could translate documents. Is there anyone out there who could help?
 

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