The motion of no confidence in Luis Rubiales is legally possible

The method of Luis Rubiales there was an important turn after the retreat this Friday in the decision of tad. A new scenario where the president of RFEF may not be suspended by CSD during the file when considering his action as serious and not too serious, which is the request of the Council.

A decision explained in the legal “vacuum” of the new Sports Law of December 30, 2022 where the government has not developed the disciplinary regulations that require regulations in the first six months and up to decree of the Most High. He tadConsidering the attitude of Rubiales as a known act that violates sportsmanship and no abuse of authority, it can only be considered serious according to Sports Law 1990. Now it remains to be seen whether the tad responding to a request made by Government yesterday afternoon to be suspended Luis Rubiales. If you don’t consider going to ordinary justice

If there is no motion, we will have to wait until the first half of 2024 at the earliest for an election while

So, we find ourselves in a scenario where Luis Rubiales has two open files, one for tad and another for FIFA, in addition to being suspended by soccer’s highest body for 90 days. Today we celebrate seven and only 83 remain.

So we are at the stage of Article 31 of the RFEF Statutes which clarifies in its point 7 that:

“In cases of absence, illness or any other reason that temporarily prevents him from performing his duties, the President shall be replaced by the Vice Presidents, in their order; in their absence, by the Treasurer and, ultimately, by the member with the most seniority. of the Board of Directors, or by the oldest if that is the same.” situation where Pedro Rocha He is the interim president of the RFEF.

As we expected on Thursday at MDterritorial presidents are examining the possibility of presenting a motion of censure on Luis Rubiales. It is only possible while it is suspended because, if it is disabled, elections will have to be called. Motion of censure which, according to the same Laws, requires two requirements: “First, that it be composed of at least one third of the members of General assembly, which is individually formalized by each of the proponents through reasoning and signed writing, to which a copy of the National Identity Document is attached. And secondly, that it be approved by a majority of two-thirds of the entire membership constituting the General assemblywithout, in any case, accepting a vote by mail.

In other words, it will need the signatures of 45 members of the current Assembly and then be supported by 91 of the 139 members (there are 140 but the president is not there).

That same Thursday, it was announced that this scenario was not possible due to the holding of the 2024 elections in the Spanish Federation as in the Olympic year. He decree of the Most High which regulates electoral processes in sports federations says that a motion of no confidence cannot be called “in the first six months of the mandate, or when there is between six months and one year left until date on which the call for election may be made, event to be determined by federal regulations.

According to the deadlines, the RFEF meeting is in time to perform it given that the Spanish Football Federation, Like other Olympic federations, they must hold their elections “within two months after the end of the Games.” The RFEF will play Games in football modality with Sub21. As the Games end on August 11, the RFEF has until October 11, 2024 to call their elections. Then until October 11 of this year, there is still a deadline to make that motion.

It’s true RFEF He can ask to advance his elections for the first semester, even if he is an Olympian. But for this you need to be authorized by CSD.

Call for immediate election if ineligible

And there is always a scenario where Luis Rubiales is disabled by FIFA or the TAD, in either of its two files. According to article 31 of the Statutes regarding the president, it is clear: “If the President resigns for reasons other than the end of his mandate, the Board of Directors will become the Management Committee and will call elections to fill the position; the the one elected will cover the charge for the time equal to the remaining time to comply with the replaced, which also applies, in this regard, the rule set for article 23.2 of this ordinance.”

We will now see which of these scenarios will play out in the coming months and subject to open files and the response of tad in this new request CSD.