An overview of the new FIFA Disciplinary Code
In replacing the erstwhile 2017 edition of the FDC, FIFA hopes to implement a code that is not only “better structured and clearer”3, but also more accessible and relevant; by addressing topical disciplinary themes that dominate world football, such as the use of social media, match manipulation and racism, among others.
In general, the new FDC is more concise – with less than half as many articles (72) than its predecessor (147). It is divided into five broad categories dealing with:
General Provisions (Title I);
Offences (Title II);
Organisation and Competence (Title III”);
Special Procedures (Title IV); and
Final Provisions (Title V).
This is in contrast with the previous edition which consisted of two broad chapters, but three levels of sub-division thereunder.
It is safe to say that the new FDC is less an amendment and more a new piece of legislation in its own right. Changes are not merely structural, but also substantive. As with the 2017 FDC, the new FDC applies to “every match and competition organised by FIFA”. However, under the new FDC, FIFA goes on to specify that the application of the code also extends to “matches and competitions that do not fall under the jurisdiction of the confederations and/or associations”, unless expressly stated otherwise. Therefore, for the purposes of this article, the authors seek to analyse the salient amendments to the FDC, and how such changes might affect the various stakeholders in world football. Specifically, it will examine the following themes:
Racism and discrimination;
Enforcement of financial and non-financial decisions;
Standard of proof;
Accessibility and transparency; and
Note: all references to article numbers in this piece shall be to the new FDC, unless otherwise expressly stated.
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Tiran Gunawardena is a Senior Associate (Australian Qualified) in the London sports law team at Mills & Reeve LLP.
Rustam is an Indian qualified lawyer and sports law paralegal at Mills & Reeve, Manchester. He has recently completed a Master’s degree in International Sports Law from Instituo Superior de Derecho y Economía (ISDE), Madrid (2018 edition) and has previously gained 3 PQE as an Associate with AZB & Partners, one of India’s leading full-service law firms.