Abstract
The clubs legal responsibility for the behavior of supporters is used by UEFA to in-fluence the content of sports competitions, ideally abstracted from demonstrating by spectators any non-football ideas. Nevertheless, the regulation of the national associa-tions-members of UEFA also assumes the responsibility of the clubs and, sometimes, the supporters themselves for the unacceptable behavior of the latter. The experience of regulation this issue by the Austrian Football Association demonstrates mentioned approach. Therefore, it is interesting to make a comparison: how much the regulated responsibility of supporters affects to the regulation by the association a strict liability of clubs for the behavior of fans. Using the practice of CAS, we may see a presumptive approach on the basis of an assessment of the situation by “a reasonable and objective observer” for the objective resolution of a dispute.
References
De Vlieger M.A., Racism in European football: going bananas? An analysis of how to establish racist behaviour by football supporters under the UEFA disciplinary regula-tions in light of the inflatable banana-case against Feyenoord, “International Sports Law Journal” 2016, vol. 15, issue 3–4.
Vasilyev I.A., Kashaeva A.A., The sporting responsibility of football clubs for offensive behavior of supporters on the basis of pp.”e” p. 2 Art. 16 UEFA Disciplinary Regula-tions and Art. 112, Art. 116 Russian Football Union (RFU) Disciplinary Regulations, “Petersburg Lawyer” 2017, no. 2.
Act of the Russian Government on 16.12.2013 no. 1156 “Rules of conduct for supporters at official sports competitions”.
CAS 2007/A/1217 Feyenoord Rotterdam v. UEFA,CAS 2013/A/3094 Hungarian Football Federation v. FIFA.
CAS 2013/A/3139 Fenerbahçe SK v. UEFA.