The responsability of the sports clubs for the behavior of their supporters. Analysis of the case law

Abstract

The disciplinary responsibility of sports limited liability companies (“SAD”) and sports clubs for the behavior of their supporters is subjective, assuming a guilty act. Clubs and sports limited liability companies have duties to monitor and inform their supporters, with a greater incidence of Organized Fan Groups (“GOA”). The Court of Arbitration for Sport, the Administrative Central Court – South and the Supreme Administrative Court have had divergent opinions about the burden of proof, more specifically about the possibility of resorting to natural, judicial presumptions, to demonstrate the (non-) compliance with the aforementioned duties that are legally imposed on the clubs. In case of proven culprit violation, the perpetrators must be sanctioned, in which clubs and sport limited liability companies that are guilty of the default can naturally be included, and more effective and dissuasive forms of sanctioning can be adopted, as is the case with games behind closed doors or temporary interdiction of the perpetrators to enter the stadium. The federative entities and the clubs or the sports limited liability companies, with the support of the police forces, must raise awareness and train, in a pedagogical and effective way, namely through the most varied and influential communication vehicles at their disposal, the population in general, and the organized supporters in particular, for the scourge of violence in sport, investing in a preferentially preventive approach to the phenomenon in question.