State Commission against Violence, Racism, Xenophobia and Intolerance in Sport
The creation of the National Commission Against Violence in Sports Shows, included in the previous Sports Law (10/1990), is part of the international commitments undertaken by Spain.Specifically, after signing the European Convention on Violence and Spectator Intrusions at Sporting Events, and Especially Football Matches, adopted in Strasbourg in 1985. The Commission is a leading exponent of the internal coordination measures provided for in this convention.
Subsequently, Royal Decree 75/1992, of January 31, was approved, which regulates the composition, organization and operating rules of the Commission and has provided the legal framework in which that body has been operating.
The current name of the Commission has been conferred by Article 20 of Law 19/2007, of 11 July, against violence, racism, xenophobia and intolerance in sport.
The Act introduced as a novelty the expansion of its material scope of action, which extends to the eradication of racism, xenophobia and intolerance in sport.
The Royal Decree 203/2010 adapts the normative regime of the Commission to its current name, including some specific innovations. In this regard, the Commission’s organizational structure has been detailed in order to adapt its regulatory regulations to the practical reality. For example, a letter of nature is granted to the Standing Committee, which is expressly regulated for the first time and which has been acting as a Sub-Committee on Reports and Infrastructures.
The Standing Committee
The Standing Committee is a central body in the regular functioning of the Committee, which carries a great executive weight.
It meets with intense periodicity - once every two weeks - to analyze the most recent events and formulate, where appropriate, proposals for the opening of sanctioning files when it considers that the events analyzed constitute an infringement, as well as to propose sports events that must be classified as high-risk.
In addition to these functions, the Royal Decree confers on the Commission the legitimacy to bring proceedings before the Administrative Court of Sport against the acts issued in this matter by the sports federations, granting the Commission the power to appeal against the acts adopted by any federative disciplinary body without the need to exhaust the sporting route.
From the perspective of normative technique and for reasons of legal certainty, the option of unifying in a new text the new regulatory regulation of the organization, composition and functioning of the State Commission against Violence, Racism, Xenophobia and Intolerance in Sport has been followed.
Finally, on November 24, 2011, the Standing Committee approved the Protocol of Action for the Restoration of Normality in Sports Competitions, Events or Shows, referred to in Article 15.2 of Law 19/2007, against Violence, Racism, Xenophobia and Intolerance in Sport.
Law 39/2022, of December 30, on Sport, approved on December 31, 2022, introduces the following modifications to Law 19/2007, of July 11, against violence, racism, xenophobia and intolerance in sport. :
- Paragraph 1 (e) is amended by final provision 1.1 of Law 39/2022 of 30 December. Ref. BOE-A-2022-24430
- Paragraph 2 is amended by final provision 1.2 of Law 39/2022 of 30 December. Ref. BOE-A-2022-24430
- Paragraph 1 (b) is amended by final provision 1.3 of Law 39/2022 of 30 December. Ref. BOE-A-2022-24430
- Paragraph 4 is added by final provision 1.4 of Law 39/2022, of 30 December. Ref. BOE-A-2022-24430
- It is modified by the final provision 6 of the Organic Law 7/2021, of 26 May. Ref. BOE-A-2021-8806
ACCESS TO ANTI-VIOLENCE PRESS RELEASES
General documentation, memoirs and reports
Current legislation on violence in sports shows
The starting point is the Spanish Constitution, which contains provisions that affect the matter. On the one hand, it is necessary to refer to the provisions contained in articles 24 and 25 of the Constitution, which enshrine principles applicable to the sanctioning administrative law according to repeated jurisprudence of the Constitutional Court.
On the other hand, the constitutional order of distribution of competences in this area, established by articles 148 and 149 of the Constitution, must be taken into account. In this sense, the intervention of the State Administration in this field is supported by Article 149.1.29, which attributes to the State competence in matters of public security, as confirmed by the Constitutional Court in the Judgment of 1 June 2000 (No. 148/2000): the Court declares that this rule is intended to regulate public security (ruling out the regulation of matters such as sport and sporting events), drawing a distinction between public security and entertainment police:
With regard to the legislative development in this area, it is possible to differentiate between the regulations approved by the Autonomous Communities and the central State, and within the latter, between the common regulations and the sectoral regulations.
(a) The sectoral regulations, specifically laid down for the regulation of the prevention of violence in sporting events, are made up of the following provisions:
- Law 19/2007, of 11 July, against violence, racism, xenophobia and intolerance in sport.
- Royal Decree 748/2008, of 9 May, regulating the State Commission against Violence, Racism, Xenophobia and Intolerance in Sport.
- Royal Decree 203/2010, of 26 February, approving the Regulations for the Prevention of Violence, Racism, Xenophobia and Intolerance in Sport.
- Order of December 22, 1998, regulating the Organizational Control Units for the prevention of violence in sports shows.
(b) Common regulations with an impact on the prevention of violence in sporting events:
- Organic Law 4/2015, of March 30, on the protection of citizen security.
- Royal Decree 2816/1982, of 27 August, approving the General Regulations of Police of Entertainment and Recreational Activities.
- Title IX of Law 30/1992, of November 30, on the Legal Regime of Public Administrations and Common Administrative Procedure; which regulates the principles of the sanctioning power of the Administration and procedural aspects of necessary compliance.
As for the regional legislation that affects or may affect the subject, it is very varied, and mention should be made of the Sports Laws of some Autonomous Communities and the legislation adopted in the field of public spectacles and recreational activities, which usually contain rules on the prevention of violence.
Organisation for the prevention of violence in Spain
Evolution of the Spanish model
The fight against violence in sport and in sports shows in Spain has extensive experience and has regulatory instruments.Our system for the prevention of sports-related violence came into line with the “International Convention on Violence, Safety and Spectator Intrusions on the Occasion of Sporting Events and, Especially, Football Matches” (Council of Europe Convention No. 120) of 1985.
In December 2014, the text of a new Convention on an Integrated Approach to Protection, Security and Care in Football Matches and Other Sporting Events (Council of Europe Convention No. 218) was adopted in Saint-Denis on 3 July 2016.
On November 1, 2019, this Convention will take effect for Spain with the exceptions made by the Instrument of Ratification with regard to Gibraltar.
The Sports Act adopted the precepts of the 1985 European Convention including recommendations and measures proposed by the Senate Special Committee on Violence in Sports Shows. It highlights the creation of a National Commission against Violence in these shows and the classification of administrative offences relating to security measures, as well as the penalties for such offences.
The emergence as a form of violence, sometimes tolerated, of racism (associated with xenophobia and intolerance) leads to the need to take preventive and punitive measures against violent acts with racist or xenophobic motivations, and against racist, xenophobic and intolerant behaviour and attitudes. At the end of 2004, on the proposal of the CSD, an Observatory on Violence, Racism and Xenophobia in Sport was established within the National Commission against Violence in Sports Shows.
Subsequently, the CSD convened all levels of Spanish football to sign a Protocol of Actions against Racism, Xenophobia and Intolerance in Football, which was signed on March 18, 2005. It details the measures to intervene in the areas of prevention, control and punishment of this type of conduct. This Protocol and the work of the Special Study Commission created in the Senate culminate in the approval of Law 19/2007, against violence, racism, xenophobia and intolerance in sport.
Law 19/2007, against violence, racism, xenophobia and intolerance in sport introduces a series of novelties in our legal system, fundamentally: it extracts from the Law of Sport the entire Title dedicated to the Prevention of Violence in sports shows, as well as certain aspects of the sports disciplinary regime, with the intention of treating in a uniform and homogeneous way all the regulations related to the prevention and repression of violence, racism, xenophobia and intolerance associated with sport.For the first time in Spanish legislation, a list of acts and behaviors considered as racist, xenophobic and intolerant, differentiated from violent acts or behaviors or that incite violence in sport is introduced. As a novelty, the commission of these acts is contemplated not only in the enclosure and its surroundings, but also in the means of transport organized to attend them.
Article 1 establishes what is meant by direct and indirect racism and racial discrimination: any distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.
This law applies to official sports competitions at state level, which are organized by sports entities within the framework of Law 10/1990, of October 15, on Sport, or those others organized or authorized by Spanish sports federations.Law 19/2007 has been developed by two Royal Decrees: Royal Decree 748/2008, of 9 May, regulating the State Commission against Violence, Racism, Xenophobia and Intolerance in Sport, and Royal Decree 203/2010, of 26 February, approving the Regulations for the Prevention of Violence, Racism, Xenophobia and Intolerance in Sport.
The prevention of violence is articulated around three types of measures: organizational, preventive and repressive.
Organizational measures: basically, they are measures related to the activity carried out by the Security Corps and Forces, which as far as the State is concerned is distributed between the General Directorate of the Police or the General Directorate of the Civil Guard (according to the demarcation assigned to them), which are responsible for ensuring the maintenance of order and public security in sporting events. It also highlights the role of the State Commission against Violence, Racism, Xenophobia and Intolerance in Sport and the Observatory on Violence, Racism, Xenophobia and Intolerance in Sport.
- The National Sports Office, the General Directorate of the Police and the Civil Guard.The General Directorate of the Police has a unit that coordinates and centralizes all its activity in the field of violence in sport, called the National Sports Office (OND), acting as a liaison point with the police of other states. The OND coordinates the activity of the Security Coordinators who are responsible for directing and supervising the security device of certain sporting events (in practice, in the ACB League and in the 1st and 2nd Divisions "A" and "B" of football). To this end, the Security Coordinator acts under the authority of the Delegates or Subdelegates of the Government, coordinating the activity of all the services responsible for ensuring the order and security of the event in question (local police, firefighters, civil protection, private security of the Club or SAD, etc. ).
- The State Commission against Violence, Racism, Xenophobia and Intolerance in Sport. Known as the “Anti-Violence Commission.” Its current name comes from Article 20 of Law 19/2007, which does not substantially modify the configuration of the Commission or its functions, although its organic structure has been detailed to adapt its regulatory regulations to the practical reality. Article 20 of the Law has been developed by Royal Decree 748/2008, of 9 May, which regulates the State Commission.The Commission is a collegiate body responsible for the formulation and implementation of active policies against violence, racism, xenophobia and intolerance in sport, although, of all its functions, the most well-known and executive are those of proposing the opening of sanctioning files and the declaration of high-risk meetings. It is entitled to appeal against the disciplinary acts and decisions of any Federative body or instance, when it considers that they do not comply with the established sanctions regime, before the Administrative Court of Sport. It is structured in plenary and the Permanent Commission. The Standing Committee meets on an approximately weekly basis.
- The Observatory of Violence, Racism, Xenophobia and Intolerance in Sport. Working group incardinated in the National Commission against Violence in Sports Shows. Designed for study actions and reporting.
Preventive measures: These measures are aimed at maintaining citizen security and public order in sports shows on the occasion of competitions and sports shows; promoting fair play, coexistence and integration in a democratic and pluralistic society, as well as human values that identify with sport” is proposed as an “investment” of a slightly longer term.
In this way, it is necessary to educate the coming generations so that they learn to respect each other, to live together in paz.Ahora well, as far as the Spanish case is concerned, this aspect must be addressed from the premise that competences in education and social services have been assumed by the Autonomous Communities, so that the socio-educational programs that affect this field are competence of them.
Disciplinary sports regime against violence, racism, xenophobia and intolerance. Respecting the proper scope of sports discipline, Title III of Law 19/2007 includes the aspects of the disciplinary regime that affect violence, racism, xenophobia and intolerance. It is a question of limiting all the areas in which these demonstrations can take place, since these attitudes on the playing field can have an impact on the stands. Perhaps it is interesting to highlight the difference between the disciplinary sports regime and the sanctioning regime mentioned later, since confusion at this point can lead to feelings of comparative grievance that are the breeding ground for future violence. According to the preamble of the Sports Act of 1990, the sporting phenomenon presents differentiated aspects, different realities, which require specific treatments. These specific treatments are nothing more than rules or rules to be respected in each case. To this end, two aspects should be distinguished:
- The sporting activity organized through associative structures (clubs, federations, leagues, etc.), which involves at its base an affiliation or license for the practice of a sport and, at its top, associative or organizational rules.
- The sporting spectacle, as a mass phenomenon. The participants in the sports show, the spectators or fans in the most general sense, the regulation of the sports show itself, the organizers of it, are subject, like all citizens, to the sanctioning power of the Public Administrations.
Sanctioning Regime. This sanctioning regime is established in the second title of the Act. Its four chapters of this Title deal with the regulation of infringements, sanctions, liability arising from certain conduct and its modifying criteria, as well as procedural and jurisdictional issues. Within the punishable conduct, to say here that they fundamentally refer to the commission of violent and racist acts defined in art. 2 as well as the non-fulfilment of the obligations of the organizers of sports shows and spectators.The infringements are regulated in articles 21 to 23, of the organizers, of the spectators and of other subjects, and are classified into very serious, serious and minor infringements.Penalties are regulated in Article 24, and may be economic:a) From 150 to 3,000 euros in case of minor infractions. b) From 3,000.01 to 60,000 euros in case of serious infringements. c) From 60,000.01 to 650,000 euros, in case of very serious infringements.