Spain The Government accuses Rubiales of "abuse of authority" over Jenni Hermoso in his complaint to remove him from office

The Government, through the Higher Sports Council (CSD) submitted its complaint against Luis Rubiales, still president of the Spanish Football Federation, to the Administrative Court of Sports (TAD) on Friday afternoon after his decision to entrench himself and not resign. In its reasoned petition, as it is called, the CSD states that the highest president of Spanish football committed a “very serious infraction” by carrying out an “abuse of authority” over Jenni Hermoso with her kiss after the World Cup final. The discomfort in the Executive with Rubiales due to his attitude is great. They call her behavior “unacceptable” during the final of the Women’s Soccer World Championship.

The intention of the Government is that the TAD, which normally meets on Thursdays in an ordinary way, does so this Monday in an extraordinary way to decide whether to initiate a file for a possible violation of articles 76.1.a of the Sports Law and 14.h of the Royal Decree 1591/1992, both very serious offences.

Although the new Sports Law came into force in January 2023, the 1990 law is in force in terms of sanctions. And the CSD refers to it, to its article 76, which establishes that “abuses of authority” will be considered as very serious infractions to the rules of the game or competition or to the general sports regulations, among other things. [Article 76 of the new Sports Law refers to the nature and functions of the Spanish Paralympic Committee].

The third transitory provision of the new Sports Law establishes that the sanctioning and disciplinary regime prior to the entry into force of this norm will continue to apply until the new common system of an extrajudicial nature for conflict resolution mentioned in article 119 is developed according to the regulations. And that the Government must carry out this regulatory development within six months from the entry into force of this law.

Jenni Hermoso released a statement this Friday in which she denied the version given by Rubiales in the Federation Assembly that the kiss was consented: “Not even her kiss was consented,” the player countered. “I felt vulnerable and the victim of an attack.” Late at night, the Federation responded with a statement with images of the embrace of Hermoso and Rubiales, alleging that he “does not lie.”

Regarding the decree on Sports Discipline, the Government considers that Rubiales has violated article 14.h with his actions during the women’s World Cup final, which describes very serious common infractions, among which are “notorious and public acts that violate sporting dignity or decorum, when they are particularly serious. Likewise, recidivism in serious offenses for acts of this nature will be considered a very serious offence.”

The raising of this complaint, one of its own and prepared by the Government -none of the three that the CSD has received has been transferred- is the action mechanism that the Government has, since it cannot dismiss or dismiss Rubiales as he is the Federation a private associative entity, although of public utility.

The government’s claim is to be able to suspend Rubiales from his post this week, on Wednesday if possible. To do this, you need the TAD to meet on Monday, study the reasoned petition and start the file. If this happens, as the Government hopes, the CSD will then be able to convene its board of directors – it has to do so with 48 hours – and it will be at that appointment that the Government can suspend Rubiales, while the TAD path continues its course.

From the Government they opted to measure the times and with caution, waiting for the celebration of the extraordinary Assembly of the Federation to act. In such a thorny matter, the Executive wants to shield itself from any challenge.

The complaint seeks the disqualification of the current president of the Federation. It will happen now although the Government already had the opportunity to disqualify Rubiales due to the so-called Super Cup Files case, when it was revealed that Gerdad Piqué’s company agreed with the Federation on a commission of 24 million for taking the Super Cup to Arabia or when it became known that the president of the Federation hired a detective agency to spy on journalists.