The Union des Associations Européennes de Football (“UEFA”)
UEFA, which is based in Nyon, Switzerland, is a confederation recognised by FIFA (see article 22 of the FIFA Statutes) and is responsible for the governance of football at the European level, including, for example, organising competitions such as the UEFA Women’s Champions League and the UEFA European Football Championship.
This overview provides an explanation of the bodies that make up UEFA and then identifies UEFA’s objectives and position as a governing body for football at the European level.
Understanding UEFA
Part 5 of the UEFA Statutes identifies UEFA’s organisation, which consists of the four ‘Organs’ (see article 11 of the UEFA Statutes):
The Congress which is the supreme controlling Organ of UEFA (see articles 12 and 13 of the UEFA Statutes);
The Executive Committee which manages UEFA, save where delegated, and has the power to adopt regulations and make decisions on all matters not falling within the ambit of the Congress (see articles 23 and 24 of the UEFA Statutes);
The President (see article 29 of the UEFA Statutes); and
The Organs for the Administration of Justice, which consist of the UEFA disciplinary bodies (the Control, Ethics and Disciplinary Body and the Appeals Body), the Ethics and Disciplinary Inspectors and the Club Financial Control Body (see article 32 of the UEFA Statutes).
Each of those four organs are explained in greater detail below.
Congress
Articles 12-20 of the UEFA Statutes explain the composition, responsibilities and powers of Congress.
Congress represents the meeting of all of UEFA’s member associations. The President is ordinarily the chairperson of Congress when it convenes (see article 16.1 of the UEFA Statutes and article 1 of the Rules of Procedure of Congress), and the General Secretary also attends congress to provide advice on deliberations (see article 31.2 of the UEFA Statutes).
An Ordinary Congress is held every year, and a second Ordinary Congress may be called by the Executive Committee to deal with financial matters and/or matters of particular significance (see article 13.1 of the UEFA Statutes). There may also be an Extraordinary Congress, which can be convened by the Executive Committee or at the written request of one-fifth or more of the member associations (see article 14 of the UEFA Statutes).
There is an initial notification of an Ordinary Congress given to member associations at least three months in advance of the Ordinary Congress to be held, and this is followed by an official invitation to and an agenda for the Ordinary Congress, which is sent out at least four weeks before the Ordinary Congress (see article 13.3 of the UEFA Statutes).
The powers of Congress include (see article 13.2 of the UEFA Statutes):
Election of the President;
Election of the members of the Executive Committee;
Amendment of the UEFA Statutes; and
The consideration of membership applications and the exclusion of a member association (the full procedure of which is explained in articles 5-9 of the UEFA Statutes).
When matters of Congress require votes, each member association has one vote. Only those member associations present (i.e. by its representatives) can vote, and votes are made by hand only (see article 18 of the UEFA Statutes and article 8 of the Rules of Procedure of the UEFA Congress). Further, pursuant to article 18.4 of the UEFA Statutes, decisions to be passed at Congress require a simple majority (i.e. more than 50%) of the votes unless otherwise specified, such as when a vote is required for elections (see article 19 of the UEFA Statutes). In the event of a tie the chairperson of the Congress has the deciding vote, save in respect of elections (see articles 16.2 and 19.1 of the UEFA Statutes, and article 9 of the Rules of Procedure of Congress).
The Executive Committee
Articles 21-29 of the UEFA Statutes explain the composition, powers and duties of the Executive Committee and the President.
The Executive Committee consists of:
The President;
16 members that are elected by Congress (which must include at least one female);
Two members that are elected by the European Club Association; and
One member that is elected by the Association of European Professional Football Leagues (otherwise known as European Leagues) (see article 21.1 of the UEFA Statutes).
Those final three members are ratified by Congress following their respective elections.
Further, the Executive Committee, upon proposal from the President, elects from its members:
A first vice-president;
Four other vice-presidents; and
A treasurer, whether from its members or not and who has the same status as a vice-president (see articles 21.4 and 21.5 of the UEFA Statutes).
The President assigns specific tasks to each of the vice-presidents.
The members of the Executive Committee serve for a term of four years and may not serve more than three terms of office, whether consecutive or not (see article 22 of the UEFA Statutes).
The duties of the Executive Committee include (see articles 23 and 24 of the UEFA Statutes):
The overall control of UEFA;
The definition of the organisational structure of UEFA;
The appointment of the General Secretary, who is responsible for the organisation, management and direction of UEFA’s Administration and the submission of an annual business plan (see article 30 of the UEFA Statutes);
Overall supervision of UEFA’s Administration, which is responsible for conducting UEFA’s business, such as the preparation of Congresses and meetings of the Executive Committee, and public relations work (see articles 39-41 of the UEFA Statutes); and
Delegating management, and the preparation and implementation of its decisions to its members and/or to UEFA’s Administration (see articles 24.2 and 25 of the UEFA Statutes).
The Executive Committee receives support and advice from a range of issue-specific committees, as explained further below (see articles 35-38 of the UEFA Statutes).
It was noted at the beginning of this overview that UEFA is responsible for organising football competitions at the European level. Indeed, UEFA has the sole jurisdiction to organise or abolish international competitions in Europe in which member associations and/or their clubs participate (see article 49 of the UEFA Statutes). More particularly, it is the Executive Committee that has the power to decide whether to create or take over other competitions, as well as to abolish current competitions (see article 49(2)(c) of the UEFA Statutes. Further, the Executive Committee is also responsible for drawing up regulations governing the conditions of participation and the staging of UEFA competitions (see article 50 of the UEFA Statutes). These powers of the Executive Committee, along with prohibitions found in articles 49-51 of the UEFA Statutes, formed part of the basis of the European Super League’s challenge against UEFA’s market position (and FIFA’s market position pursuant to what are now articles 22 and 70-72 of the FIFA Statutes).
The Executive Committee generally meets four times a year (see article 26.1 of the UEFA Statutes). When a matter of the Executive Committee requires a vote, quorum is attained when at least half of its voting members are present (see article 26.1 of the UEFA Statutes). Each member of the Executive Committee has a vote and a simple majority (more than 50%) of the votes is needed to pass a decision (see article 27 of the UEFA Statutes). Members of the Executive Committee, including the President, do not take part in the deliberation of any matter or point of issue involving the member association and/or a club and/or a league affiliated to the member association with which they are associated, or in any case in which a conflict of interest exists (see article 26.3 of the UEFA Statutes). The General Secretary, currently Theodore Theodoridis, also attends meetings of the Executive Committee to provide advice in the deliberations (see article 31.2 of the UEFA Statutes).
The President
The President of UEFA, currently Aleksander Čeferin, represents UEFA generally and chairs Congress and meetings of the Executive Committee (see article 29.1-29.2 of the UEFA Statutes). More particularly, in consultation with the Executive Committee, the President is responsible for (see article 29.4 of the UEFA Statutes):
Relations between UEFA and FIFA, UEFA and the other confederations, UEFA and its member associations, relations between UEFA and political bodies and international organisations;
Implementing the decisions of the Congress and the Executive Committee through UEFA’s Administration; and
Supervising the work of UEFA’s Administration.
UEFA’s Organs for the Administration of Justice
The Organs for the Administration of Justice consist of the UEFA disciplinary bodies, which are the Control, Ethics and Disciplinary Body and the Appeals Body, the Ethics and Disciplinary Inspectors and the Club Financial Control Body.
Members of the Organs for the Administration of Justice are independent and may not belong to any other Organ or Committee of UEFA (see article 32.1 of the UEFA Statutes). Members are elected by the Executive Committee and then ratified by Congress, with member associations proposing candidates for the Control, Ethics and Disciplinary Body, the Appeals Body and the Ethics and Disciplinary Inspectors (see articles 7 and 32.2 of the UEFA Statutes and article 6 of the Regulations Governing the Implementation of the UEFA Statutes). Members are elected for a term of four years (and there is no limitation on the number of terms that can be served).
The Control, Ethics and Disciplinary Body consists of a chairperson, two vice-chairpersons and 13 other members, and has the jurisdiction to decide on disciplinary and ethical issues and all other matters which fall within its jurisdiction (see article 33 of the UEFA Statutes and articles 29 of UEFA's Disciplinary Regulations). The Control, Ethics and Disciplinary Body has the power to impose disciplinary measures for the disciplinary offences explained in articles 11-16 and 27 of UEFA’s Disciplinary Regulations. The disciplinary measures that the Control, Ethics and Disciplinary Body can impose upon members associations and clubs include a fine, staging of matches behind closed doors, and disqualification from competitions; the disciplinary measures that can be imposed on individuals include a fine, suspension from matches and the withdrawal of a title or award (see articles 52-57 of the UEFA Statues and article 6 of the Disciplinary Regulations).
The Appeals Body consists of a chairperson, two vice-chairpersons and 11 other members, and has the jurisdiction to hear appeals against decisions of the Control, Ethics and Disciplinary Body pursuant to the Disciplinary Regulations (see article 34 of the UEFA Statutes and article 30 of the Disciplinary Regulations). The Disciplinary Regulations also provide for certain cases to be referred directly to the Appeals Body upon recommendation from the chairperson of the Control, Ethics and Disciplinary Body (see article 34.3 of the UEFA Statutes and article 29.3 of the Disciplinary Regulations). The Appeals Body has the same disciplinary measure powers as the Control, Ethics and Disciplinary Body (see articles 52-57 of the UEFA Statutes and article 6 of the UEFA Disciplinary Regulations).
The Ethics and Disciplinary Inspectors consists of members appointed in the necessary number by the Executive Committee (there are currently 20 members) and one of those members is appointed as chief inspector (see article 34bis of the UEFA Statutes and article 31 of the Disciplinary Regulations). Members of the Ethics and Disciplinary Inspectors represent UEFA in proceedings before the Control, Ethics and Disciplinary Body and the Appeals Body, and their powers include initiating disciplinary investigations, requesting the opening of disciplinary proceedings and lodging appeals against decisions of the Control, Ethics and Disciplinary Body.
The Club Financial Control Body is split into a First Instance Chamber and an Appeals Chamber (see article 34ter of the UEFA Statutes). The First Instance Chamber consists of a chairperson and at least three other members (there are currently six members), one of whom is a vice-chairperson (see article 3.2 of the Procedural Rules Governing the UEFA Club Financial Control Body). The Appeals Chamber also consists of a chairperson and at least three other members (there are currently four members), one of whom is a vice-chairperson (see article 3.3 of the Procedural Rules Governing the UEFA Club Financial Control Body). The First Chamber has the power to, amongst other things, determine licenced clubs’ continued compliance with the UEFA Club Licensing and Financial Sustainability Regulations and/or the UEFA Club Licensing Regulations for the UEFA Women’s Champions League, and impose disciplinary measures for non-compliance with those regulations (see article 5.1 of the Procedural Rules Governing the UEFA Club Financial Control Body). The Appeals Chamber hears appeals against decisions made by the First Chamber (see article 5.2 of the Procedural Rules Governing the UEFA Club Financial Control Body). The First Instance Chamber and the Appeals Chamber have the same disciplinary measure powers (see articles 52-57 of the UEFA Statutes and articles 14.6, 20, 28 and 29 of the Procedural Rules Governing the UEFA Club Financial Control Body).
A full explanation of UEFA’s Organs for the Administration of Justice and their workings is beyond the scope of this overview but explanations of the same will be provided in articles when necessary.
The Professional Football Strategy Council and other committees
Although not part of the four Organs of UEFA, the Professional Football Strategy Council (“PFSC”) and the 19 committees of UEFA are worthy of mention (see articles 35-38 of the UEFA Statutes).
The PFSC reports directly to the Executive Committee and ‘exercises a major influence on the decision-making of the Executive Committee’ (see article 35.4 of the UEFA Statutes).
The PFSC consists of:
Four vice-presidents of the Executive Committee;
Representatives elected by any such group recognised by UEFA as representing the interests of the European professional football leagues (the Association of European Professional Football Leagues);
Representatives elected by any such group recognised by UEFA as representing the interests of the clubs participating in the UEFA competitions (the European Club Association); and
Representatives elected by any such players’ union recognised by UEFA as representing the interests of the professional players in Europe (the International Federation of Professional Footballers’ Association (FIFPro), Division Europe) (see article 35.1 of the UEFA Statutes).
The PFSC is in charge of identifying solutions to improve collaboration between the various stakeholders of European football, dealing with problems pertaining to the social dialogue in European professional football matters and dealing with questions related to the UEFA club competitions and their calendars (see article 35.3 of the UEFA Statutes).
The 19 committees of UEFA advise the Executive Committee, and the Executive Committee may delegate certain duties to a committee (see article 37.3 of the UEFA Statutes).
The 19 committees (similar to those seven standing committees at FIFA) include the Referees Committee, the Club Competitions Committee, the Women’s Football Committee and the Players’ Status, Transfer and Agents and Match Agents Committee (see article 35ter of the UEFA Statutes). The number of members for each committee is determined by the Executive Committee, who also elects the chairperson, one or more vice-chairpersons and the members of each committee for a four-year term (see article 36 of the UEFA Statutes).
UEFA’s objectives and its position amongst football’s governing bodies
Article 2 of the UEFA Statutes identifies that the objectives of UEFA’s shall be to:
a) deal with all questions relating to European football;
b) promote football in Europe in a spirit of peace, understanding and fair play, without any discrimination on account of politics, gender, religion, race or any other reason;
c) monitor and control the development of every type of football in Europe;
d) organise and conduct international football competitions and tournaments at European level for every type of football whilst respecting the players’ health;
e) prevent all methods and practices which might jeopardise the regularity of matches or competitions or give rise to the abuse of football;
f) promote and protect ethical standards and good governance in European football;
g) ensure that sporting values always prevail over commercial interests;
h) redistribute revenue generated by football in accordance with the principle of solidarity and to support reinvestment in favour of all levels and areas of football, especially the grassroots of the game;
i) promote unity among Member Associations in matters relating to European and world football;
j) safeguard the overall interests of Member Associations;
k) ensure the needs of different stakeholders in European football (leagues, clubs, players, supporters) are properly taken into account;
l) act as a representative voice for the European football family as a whole;
m) maintain good relations with and cooperate with FIFA and the other Confederations recognised by FIFA;
n) ensure that its representatives within FIFA loyally represent the views of UEFA and act in the spirit of European solidarity;
o) respect the interests of Member Associations, settle disputes between Member Associations and assist them in any matter upon request’.
As was similarly seen with the foundational aspect of the FIFA Statutes, the hierarchical, pyramid structure of football’s governing bodies is also noticeable in several articles of the UEFA Statutes:
Article 7bis of the UEFA Statutes obliges member associations to (i) observe the principles of loyalty, integrity and sportsmanship in accordance with the principles of fair play; (ii) comply with the Statutes, regulations and decisions of UEFA as well as the decisions of the Court of Arbitration for Sport; (iii) respect the Laws of the Game as decided by the International Football Association Board; and (iv) include those obligations in their statutes, as well as a provision that leagues, clubs and players and officials shall observe those obligations.
Article 59 of the UEFA Statutes requires member associations to (i) include in its statutes a provisions whereby it, its league, clubs, players and officials agree to respect at all times the Statutes, regulations and decisions of UEFA and to recognise the jurisdiction of the Court of Arbitration for Sport as provided in the UEFA Statutes; and (ii) ensure that its leagues, clubs, players and officials acknowledge and accept these obligations.
Article 60 of the UEFA Statutes requires member association to include in their statutes a provision under which disputes of a national dimension arising from or related to the application of their statutes or regulations shall, subject to their national legislation, be referred in the last instance to an independent and impartial court of arbitration, to the exclusion of any ordinary court.
Insofar as such disputes do not fall within the competence of a UEFA Organ, article 61 of the UEFA Statutes provides the Court of Arbitration for Sport with exclusive jurisdiction to deal with disputes between UEFA and member associations, leagues, clubs, players or officials and disputes of a European dimension between associations, leagues, clubs, players or officials. Fuller details of the Court of Arbitration for Sport and the type of disputes it deals with can be found in the Court of Arbitration for Sport overview.
25 July 2022
Thomas Horton