Abstract
‘Football hooliganism’ is a concept which is not easy to define. For instance, in the media, to a variety of incidents the label of ‘hooliganism’ has been used in a rather indeterminate way. The concept is broad as well as diffuse. As for present purposes one can say that football hooliganism has to do with crowd disorder involving football supporters. This involves usually some kind of criminal activity occurring at, just before or after a football match. Disorderly behaviour connected with the game of football has occurred in some form in virtually every EU Member State. Due to the various international and European competitions involving both national and club teams and the resultant travelling of large numbers of supporters together with the associated social and often violent disorder, football hooliganism has a highly visible profile. This international dimension has made it necessary to approach security in connection with football matches in a way that extends beyond national borders. This contribution charts the legal measures of a general nature which have been taken with regard to transnational football hooliganism. Also, individual countries in Europe have taken measures to combat transnational football hooliganism. In this contribution the various types of international measures will be dealt with in due course as well as the pertinent jurisprudence of the Court of Arbitration for Sport (CAS) and decisions taken by the European Commission regarding ticketing in relation to safety aspects at football matches.
This is a updated version of Chapter 27 in: Simon Gardiner, Richard Parrish and Robert C.R. Siekmann (Eds), EU, Sport, Law and Policy, The Hague 2009, pp. 499–533. See also: ‘Football Hooliganism with an EU Dimension: Towards an International Legal Framework’, Final Report AGIS Programme 2003, The Hague, T.M.C. Asser Instituut, November 2004. Law and Policy, The Hague 2009, pp. 499–533.Query
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Notes
- 1.
Feyenoord Rotterdam v. UEFA, 20 April 2007, CAS 2007/A/1217.
- 2.
Council of Europe European Treaty Series No. 120.
- 3.
Resolution of the European Parliament on the violence at the football-match in Brussels on 29 May 1985, 13 June 1985; Resolution of the European Parliament on the tragedy at the Heysel stadium in Brussels, 13 June 1985.
- 4.
Resolution of the European Parliament on the violence at the football-match in Brussels on 29 May 1985, 13 June 1985, Para 1.
- 5.
Resolution of the European Parliament on the tragedy at the Heysel stadium in Brussels, 13 June 1985.
- 6.
Motion for a resolution tabled by Mr McMahon on hooliganism and violence by football supporters at European football matches (Doc. 2-734/84), motion for a resolution tabled by Mrs De Backer-van Ocken and others on violence in sport (Doc. 2-1661/84); motion for a resolution tabled by Mr De la Malene on the increase in acts of violence (Doc. 2-1692/84).
- 7.
The European Convention on Spectator Violence and Misbehaviour at Sports Events and in particular at Football Matches; the Convention was adopted on 19 August 1985 and entered into force 1 November 1985.
- 8.
Interim Report drawn up on behalf of the Committee on Youth, Culture, Education, Information and Sport on Vandalism and Violence in Sport, 2 July 1985, Motion for a resolution on vandalism and violence in sport, Para 6.
- 9.
Id., Para 8.
- 10.
Resolution of the European Parliament on the measures needed to combat vandalism and violence in sport, 11 July 1985.
- 11.
Resolution of the European Parliament on the Community and Sport, 6 May 1994.
- 12.
Earlier recommendations of the Council (indirectly) relating to football hooliganism were the following. Council recommendation of 30 November 1993 concerning the responsibility of organisers of sporting events; Council recommendation of, December 1994 concerning direct, informal exchanges of information with the CCEEs in the area of international sporting events (network of contact persons); Council recommendation of, December 1994 concerning exchange of information on the occasion of major events and meetings (network of contact persons).
- 13.
Council Recommendation on Guidelines for Preventing and Restraining Disorder connected with Football Matches, 22 April 1996.
- 14.
Ausschuß für Grundfreiheiten und innere Angelegenheiten, Bericht über das Problem des Hooliganismus und die Freizügigkeit der Fußballfans, Berichterstatterin: Frau Claudia Roth, 25 April 1996.
- 15.
Resolution of the European Parliament on Hooliganism and the Free Movement of Football Supporters, 21 May 1996.
- 16.
Id., Para 9.
- 17.
Id., Para 10.
- 18.
Id., Para 28.
- 19.
Id., Para 29.
- 20.
Joint Action adopted by the Council on the basis of Article K.3 of the Treaty on European Union with regard to Cooperation on Law and Order and Security, 26 May 1997.
- 21.
Id., Art I(I).
- 22.
Resolution of the Council on preventing and restraining football hooliganism through the exchange of experience, exclusion from stadiums and media policy, 9 June 1997.
- 23.
Resolution of the Council concerning a Handbook for international police cooperation and measures to prevent and control violence and disturbances in connection with international football matches, 21 June 1999 (OJ C 196, 13/7/1999).
- 24.
Resolution of the Council concerning a Handbook with recommendations for international police cooperation and measures to prevent and control violence and disturbances in connection with football matches with an international dimension, in which at least one Member State is involved, 6 December 2001 (OJ C 22, 24/1/2002).
- 25.
Id., Chapter 1, Section I, I. Introduction.
- 26.
Id., Chapter 1, Section I, III. Tasks with an international dimension.
- 27.
Chapter 1, Section I, IV. Exchange of police information, 1. (Kinds of information).
- 28.
Chapter 1, Section I, IV Exchange of police information, 2. (Chronological sequence of information exchange).
- 29.
Chapter 1, Section I, IV Exchange of police information, 2.a. (Task of the national football information point of the organising country), Para 1.
- 30.
Ibid., Para 2.
- 31.
Ibid., Para 3.
- 32.
Chapter 1, Section I, IV Exchange of police information, 2.a. (Mission of the national football information point of the supporting country), Paras 1 and 2.
- 33.
Ibid., Para 3.
- 34.
Chapter 1, Section I, IV Exchange of police information, 3. (Communication procedure).
- 35.
Chapter 1, Section I, IV Exchange of police information, 4. (General Rules).
- 36.
Chapter 2, Preparations by police forces.
- 37.
Chapter 3, Organising cooperation between police forces.
- 38.
Chapter 4.
- 39.
Chapter 5, Checklist for media policy and communication strategy, I. Media Policy, Para 1.
- 40.
Ibid., Paras 2 and 3.
- 41.
Chapter 5, Checklist for media policy and communication strategy, II. Communication strategy.
- 42.
Chapter 6, Role of the organiser, Section I, Criteria with which the organiser should comply.
- 43.
Handbook, Appendix 2, Checklist concerning possible requirements to be met by the organiser.
- 44.
Decision of the Council concerning security in connection with football matches with an international dimension, 25 April 2002 (2002/348/JHA).
- 45.
Ibid., Art. 3.
- 46.
Convention No. 108 of the Council of Europe of 28 January 1981 for the protection of individuals with regard to automatic processing of personal data and Recommendation no. R (87) is of the Committee of Ministers of the Council of Europe of 17 September 1981 regulating the use of personal data in the police sector.
- 47.
Decision of the Council concerning security in connection with football matches with an international dimension, 25 April 2002, Art. 4.
- 48.
Id., Art. 5.
- 49.
Resolution of the Council on the use by Member Stairs of bans on access to venues of football matches with an international dimension (OJ C 281, 22/11/2003).
- 50.
Council Resolution of 21 June 1999 concerning a handbook for international police cooperation and measures to prevent and control violence and disturbance in connection with international football matches (OJ C 193, 24.6.1997, p. l), Chapter 6 (2).
- 51.
OJ L 121, 8/5/2002; amended by Council Decision 2007/412/JHA of 12 June 2007; OJ L 155, 15/6/2007.
- 52.
OJ C 22, 24/1/2002.
- 53.
OJ C 196, 13/7/1999.
- 54.
OJ C 322, 29/12/2006; see also, for a further update, OJ C 165, 24/6/2010. See also, Council Resolution concerning a Handbook with recommendations for hosting major football and other sports events, in particular tournaments with more than one organising country, 3081st Justice and Home Affairs meeting, Luxembourg, 11 and 12 April 2011 (for example, with regard to football: EURO 2000 in Belgium and the Netherlands, EURO 2008 in Austria and Switzerland, and EURO 2012 in Poland and Ukraine). See also, Handbook for the cooperation between Member States to avoid terrorist acts at the Olympic Games and comparable sporting events, Doc. 5774/1/04 REV 1 ENFOPOL 14. .
- 55.
OJ C 281, 22/11/2003.
- 56.
Bulletin Quotidien Europe (Agence Europe) of 30 November 2007, No. 9554.
- 57.
‘The Strict Liability Principle and the Human Rights of Athletes in Doping Cases’, The Hague 2006, passim.
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Siekmann, R.C.R. (2012). Legal Aspects of Combating Transnational Football Hooliganism in Europe. In: Introduction to International and European Sports Law. ASSER International Sports Law Series. T.M.C. Asser Press. https://doi.org/10.1007/978-90-6704-852-1_10
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