The old Fit & Proper test debate ?
The multi ownership of clubs is always a topic of debate for FSA (Football Supporters Association) & FSE (Football Supporters Europe) and has resulted in various calls for one definite rule across all Football Associations to NO avail yet.Both organisations lobby for Fan representation to be compulsory in Football boardrooms by the way of which Leeds United do have now - so we can raise points but cannot vote on matters.
With Radz (he's got a young family in Italy and that situation may need addressing) and the PL rules & slightly different UEFA rules allow him to a certain amount of shared ownership of 2 clubs at once if he desires or if he's about to sell in the future.
Nottingham Forest are owned by Greek shipping magnate Evangelos Marinakis after his takeover was passed by the English Football League (EFL).
The businessman is also the Olympiakos owner who had accusations of match-fixing in Greece but STILL passed the EFL's owners' and directors' test.
So it's the definition of ‘control’ and the PL v UEFA disparity of it that's at odds.
What becomes abundantly clear on a review of the PL and UEFA rules is that there is NO consistent approach across Europe as to what situations in club ownership could give rise to a conflict - which is ridiculous !
One example is the 'ownership percentage' that one owner can have in two clubs in the PL is vastly different from those one can hold in two clubs in a UEFA cup or Champions League competition.
The PL seems to be leading the way in its strict adherence to an almost ZERO tolerance NO conflict rule in club ownership. Whilst one may not have technical control of a club until owning more than 50% in that club it is undeniable that in many situations owners with lower percentages can have great influence in a club. The PL has taken a more prescriptive approach in defining control as 30% and even setting a 10% limit (at which they contend an influence IS possible).The Newcastle takeover failed as the definitive owner was not known.
The UEFA Integrity Rules set a definitive limit of ‘control’ at 50.1% and above 'tho as recently redrafted Rules also make reference to ‘decisive influence’.
The original UEFA Rule which the CAS ruled upon did not make reference to any ‘decisive influence’ stipulation and it is STILL not necessarily clear what would be considered a ‘decisive influence’ over another club’s affairs.
There is no indication that UEFA will follow the PL and tighten its rules. Presumably, they consider that their ‘decisive influence’ clause is a suitable catch all provision. Such ambiguity (some would contend) equates to flexibility in being able to subjectively assess a set of circumstances on a 'case-by-case basis'. On the other hand detractors would point to such a provision leading only to regulatory uncertainty.
With varying club ownership rules throughout Europe, perhaps a more prescriptive approach by UEFA may well be a sensible solution.
MOT






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