A legal analysis of the current European situation regarding corrupt practices in football with particular attention given to the Maltese scenario.

Abstract

An analysis of the legal mechanisms available in Malta for the prevention of corruption in football has been made in this thesis, particularly by examining in detail Chapter 263 of the Laws of Malta entitled the Prevention of Corruption (Players) Act, and the Malta Football Association (MFA) Statute book, particularly Section IX entitled Disciplinary Procedures & Sanctions. A detailed comparative analysis between the provisions of Chapter 263 and the provisions of the MFA has also been made. All of this could be found in chapter 1 of this thesis. In chapter 2, an examination of the legal mechanisms employed by the Union of European Football Associations (UEFA) for the prevention and punishment of corrupt practices has been made in order to shed light on the disciplinary procedures employed by UEFA, being the governing body of the national football associations of Europe. A brief comparative analysis between certain provisions of UEFA and the MFA has also been completed. Also in chapter 2, an examination of the legal mechanisms employed by Italy for the prevention and punishment of corrupt practices has been made together with a comparative analysis between the provisions of Italy and Malta. In the concluding part of chapter 2, a general observation regarding the European Union (EU) scenario in relation to match-fixing in sports has been made. Chapter 3 is dedicated solely to an analysis of local judicial case law; disciplinary proceedings held by the MFA; and the UEFA v Kevin Sammut case. In the Conclusion, amendments and recommendations which could be useful for preventing and tackling corruption in football have been proposed. The way forward for the EU and the international community in tackling corruption in football has also very briefly been discussed.