Panathinaikos: “No” to the strict penalties of the Hellenic Republic

FC took a stand on the issue of punishments imposed by . Panathinaikos submitted a detailed proposal to the public electronic consultation of the draft law on “regulations on amateur and professional sport”. CORVERSE Greens propose “to establish a more proportionate classification of sanctions against the responsible group by individual fan actions based on UEFA standards, the disciplinary framework of which is for several infringements significantly more lenient than the existing legal framework”. The clover essentially asks not to close the courts for incidents such as throwing a flare and imposing lighter penalties on such occasions. In detail the proposal of Panathinaikos FC for the Hellenic Republic: ADVERSE “The government by law 5085/2024 aimed at fighting sports violence and protecting sport, but also public order, security, social peace and property. It strengthened the role of I.E.A.B. and increased its powers, which concern the enforcement of specific cases of administrative measures aimed at limiting the phenomenon of sports and sports violence. Due to the foolish behavior of a few individual fans, among thousands of fans attending a football game, the P.A.E. In many cases they are obliged to pay huge sums of money in fines and to compete without the presence of spectators in their stadium. Due to the above imposed penalties, a large proportion of the fans of the teams are removed from the stadium, their bond with their favorite team is weakened and therefore, P.A.E. and unions cannot use for sports, commercial and economic reasons the enormous dynamic and penetration of sport, especially football in Greek society. The U.S.A. wish to keep the stadiums open and accessible to healthy fans and widen the base of fans who regularly attend their favorite team games. Full of healthy sports fans, who are sharers of well-being and true spirit, is a prerequisite for the development of sport in our country and in particular football and the fulfilment of its social mission. Under the existing legal framework, the actions of the few are punished by the many, healthy fans and especially the holders of the season tickets, who have paid for the financial consideration, cannot attend matches of their favorite team. Therefore, the law must be reformed to punish the real players of fan violence, isolate them and ultimately exclude them from the country’s stadiums. The existing legal framework violates the principle of proportionality, which is firmly recognised by the case-law of the Courts, as a result of the provisions of Articles 5(1) and 25(1) of the Constitution, but also Articles 6(1), (8)(2), (9) and (9). 2 and 10(2) of the ECHR and governs all public action. Graduation of sanctions against the responsible group by individual actions by its fans to ensure the principle of proportionality on the basis of UEFA standards. The current regulation tolerates, such as the participation of FC officials, in which due to their status they are also recognised by the disciplinary law of the Hellenic Football Federation, a special legal duty, in violent incidents within the playing grounds and in the context of football matches being punished by a simple financial fine, while the throwing of a firecracker without harm by an individual fan would entail without exception the excessive and most serious penalty for the responsible FC penalty for the compulsory fight against closed doors. In addition, the existing legal framework is constitutionally violated by the principle of prior hearing and also the decisions of the IACC imposing punishments on FC as a result of violations of the law are not appealing. Overall, a more proportionate classification of sanctions against the responsible group should be established by individual fan actions based on UEFA standards, the disciplinary framework of which is for several infringements significantly more stringent than the existing legal framework. For unity reasons, the following are followed in these proposals for amending existing arrangements: A. Other: Complete Amendment Article 1A of Law 4326/2015( FEK I 49/13.05.2015) ‘Article 1 A Specific cases of administrative penalties in the context of sports meetings 1. In the case of pitching from the stands within the field or locker room or on a ramp of athletic installation prior to the start, during or after the end of a sports event, the object of which is appropriate to cause physical damage to the face, provided that no physical damage of the person was caused by the above throw, in the sports club, the T.A.A. or the A.A.E. which plays as a homeowner, the administrative ratification of the ban on the disposal of tickets or use of specific zones or parts of the sports stands for one (1) racing in any national event is required. In the event of a subsequent infringement during the same season, involving the same ramp of a sports facility, the administrative sanction of the ban on the disposal of tickets or the use of certain zones or parts of the sports grounds for two (2) racing in any national event is required. In the case of a third and any subsequent infringement during the same season, involving the same ramp of sports facilities, the administrative sanction of the prohibition on the disposal of tickets or the use of certain zones or parts of the sports ramps from two (2) racing in any national event to all remaining racing in any national organisation of the same season may be imposed. 2. In cases of shooting by the stands within the field or locker room or on a ramp of athletic installation prior to the start, during or after the end of a sporting event, the object of which is appropriate to cause physical damage to the face and especially fire, flare, flare, bengal, pyrotechnic, smoke and any generally flammable matter, provided that the physical damage of the face was caused, to the sports club, the T.A.A. or the A.A.E. that competes as a homeowner, the administrative sanction of the conduct of a (1) sports meeting without the presence of spectators in any national event is required. The penalty referred to in the first subparagraph shall also be imposed in the case of the use of tobacco, torches or any flammable material in closed sports facilities. 3. In cases of extensive in number and duration of abusive slogans and/or banners, personal and/or racist content, which offend the honour and dignity of natural persons and/or the memory of dying persons, if imposed on the sports association, the T.A.A. or the A.A.E. administrative or disciplinary penalties may be imposed on the administrative sanction of the prohibition on the making available of tickets or the use of certain zones or parts of sports facilities stands for one (1) race in any national organisation. 4. In cases of illegal entry of a spectator or other non-accredited person within the field of competition and the area of the locker room of a sports facility, prior to the opening or during a sporting event, provided that the entry caused delay in the opening or temporary interruption of the athletic meeting, the administrative ratification of a (1) sports meeting without the presence of spectators in any national event is required. If the conduct of the first subparagraph causes a cancellation or final interruption of the sporting meeting, the administrative sanction of three (3) sports meetings without the presence of spectators in any national event shall be imposed. 5. In cases of violations of paragraphs 1 or 2 or 4 and simultaneous non-legislative operation throughout the athletic meeting of the electronic surveillance system referred to in Article 41e of Law 2725/1999 (A’ 121) or the detection of any flooding or failure in its operation, the penalties referred to in paragraphs 1, 2 and 4 shall be doubled. 6. If the athletic meeting is held with the presence of spectators, both of the home and the guest team, who are gathered in distinguished sections of the stands of the sports facility, the administrative penalties of par. 1 and 2 are imposed on the sports association, T.A.A. or A.A.E. associated with the spectators who violated paragraphs 1, 2 and 4. Without prejudice to the first subparagraph, the penalties set out in the first and second paragraphs of paragraph 4 are imposed on the sports association, T.A.A. or A.A.E. who compete as a homemaker. The administrative penalties laid down in paragraphs 6 and 9 of Article 41c of Law 2725/1999 shall also apply to the persons responsible for the infringements referred to in paragraphs 1, 2 and 4. Other: Addition/completion of paragraphs 6.c. and 9 of Article 41c of Law 2725/1999( FEK I 121/17.06.1999) “Article 41 C – Disposal of sports tickets 6. ….c. CENTRAL DATA BASE. The central database, which is under the supervision of the Ministry of Culture and Sports, is kept in the Central Electronic Ticket System and includes the previous article details of fans and the card codes of which they hold. The central database shall record, without delay, the competent and legally imposed penalties against natural persons for acts of violence which prohibit entry into the playing areas. To this end, the relevant information will be provided by the integrated information system of the National Criminal Register referred to in point (d) of this paragraph and by the relevant disciplinary bodies of the Federalities or the host authorities. Compliance with the data resulting from the application of this Article shall last for as long as the above penalty is applied, with the expiry of which shall be deleted, without delay, on the responsibility and care of the host authority. In the central database, the Police Authority has direct access to the competent department of the Ministry of Interior and Administrative Reconstruction of specific passwords, as well as the Ministry of Justice, Transparency and Human Rights, in exactly the same way. Personal data of natural persons who purchase a race ticket referred to in this Article, who have not been sanctioned under the second subparagraph of this paragraph, shall be retained for a period of no more than 15 (15) days after the event in question has taken place and in the event that there is no incident of violence occurs. The identification of the elements of the infringements referred to in paragraph 9 of Article 41C of Law 2725/1999 and Article 1A of Law 4326/2015 will suspend the possibility of the above natural persons to identify their personal information on ticketing through the gov.gr platform for sports meetings at the athletic facility of the relevant P.A.E. in each national and/or European organisation for as long as the administrative penalty for the above infringements lasts and additionally will be sent to the relevant P.A.E. their full details (name, ID, AMKA, photo) for its information.’ In addition, the police authority orders the perpetrator to appear at the police station of his residence or residence prior to the opening of sports meetings at which the sports association, the T.A.A. or the A.A.E. fights and remains in it or in an immediate surveillance area of the police authority, two hours before the start of the sports meeting until two hours after its end. In the case of a minor under sixteen (16) years old, the assignment of responsible custody of the minor to his parents, commissioners or guardians is imposed instead. In the cases referred to above, if a breach of the sanction is found, the persons concerned shall be prohibited from entering the sports facilities for a period of three (3) years. The revenue from the fine referred to in the second subparagraph shall be one third (1/3) revenue from the State budget, one third (1/3) shall be assigned to the General Secretariat of the Civil Protection Ministry and one third (1/3) to the General Secretariat for Sport of the Ministry of Education, Religious Affairs and Sport, shall be entered in the corresponding budget of each General Secretariat and used to meet their needs. By a joint decision of the Minister responsible for Sport and the Ministers for National Economy and Finance and Citizen Protection, the procedure for imposing and collecting the fine, the procedures for allocating the proceeds from the collection of the fine and any other relevant to the application of this matter shall be determined.’