The TAD does not open a file against Pedro Rocha for not calling the elections for the presidency of the federation with the current assembly

The Administrative Court of Sports (TAD) has decided not to open a sanctioning file against Pedro Rocha, president of the managing committee of the Royal Spanish Football Federation, for not calling elections with the current assembly after the resignation of Luis Rubiales on September 10 .

The TAD resolution responds to Miguel Galán's complaint and which the Higher Sports Council (CSD) conveyed to the TAD on two occasions.

Galán, president of the Cenafe coaching school, reported to the CSD that Rocha had failed to comply with article 31.8 of the federative statutes, which dictates “that when the president ceases for reasons other than the conclusion of his term, the board of directors will be constituted Management Committee

and will call elections to fill the position.”

These elections should elect a president until the end of Rubiales' term, which expired in the last quarter of 2024 as it is an Olympic year, and the votes would correspond to the current assembly members.

In its resolution, to which EL PAÍS has had access, the TAD considers that Rocha has not committed a very serious offense and rules out opening a file against the Extremaduran leader "by not finding sufficient rational evidence to consider, even indirectly, the commission of a very serious disciplinary infraction", argues the sports court, which continues: "The rule allegedly violated article 31.8 of the Federative Statutes, although it enshrines an obligation of the Board of Directors of the RFEF, that of calling elections for President for the time remaining that the dismissed person would have, does not establish a precise period for this.

Logically, this lack of precision cannot eliminate the obligation of the Board of Directors to call said elections, and it is not up to this Sports Administrative Court to set the necessary period for this, but rather if in the present case, taking into account the dates on which "that we find, it is possible to appreciate the existence of a very serious fault in the breach of the obligation"

The court argues that the federation has already requested an electoral advance so that the elections, these with a new assembly, are held in the first four months of 2024 and that said advance had the approval of the CSD and a favorable report from the TAD itself.

"It is possible to deduce the will of the RFEF to call the elections to which it is obliged, although due to the short margin of time remaining for the fulfillment of the current mandate and the early ordinary call, for reasons of efficiency and good governance it has not considered It is essential to call the elections provided for in article 31.8 of the Federative Statutes and this has been made clear in its request for early elections," explains the TAD.

The federation is waiting to open the electoral process for the CSD to publish in the BOE the new ministerial order that regulates elections to sports federations.

This new regulation, according to ministerial sources, should not be delayed for too long.

However, another double legal entanglement is on the horizon.

The first, that according to the current ministerial order, elections can only be called by the board of directors or the president and these are now non-existent in the federation.

The second conflict is that the TAD has not opened a file against Rocha, but it does not exempt the federation from calling the elections that Galán demands.

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