Football: “Gibraltar es español” nets Spanish duo one-game bans!

By Ian Felice, Partner, and Tamara Freyone, Trainee, Hassans International Law Firm Limited, Gibraltar

After a flurry of events in July, UEFA, the Governing Body of European Football, has now made it clear that chants of “Gibraltar es español” (Gibraltar is Spanish) breach its Disciplinary Regulations.

It will be recalled that UEFA commenced proceedings against the Spanish Men’s Football National Team captain, Alvaro Morata, and his teammate, Rodrigo Hernandez Cascante, following the pair’s chant of the controversial phrase during the celebration of winning the UEFA European Football Championships 2024 (see our earlier Post on this subject on this website).

On 7 August 2024, the UEFA Control, Ethics and Disciplinary Body (CEDB) suspended both players for one UEFA representative team competition match for “failing to comply with the general principles of conduct, for violating the basic rules of decent conduct, for using sporting events for manifestations of a non-sporting nature and for bringing the sport of football, and UEFA in particular, into disrepute”.

The news was welcomed by the Gibraltar Football Association (GFA), which made the initial complaint to UEFA.

In its statement, the GFA expressed delight with

“The recognition and confirmation that the players’ chants of “Gibraltar es español” violated UEFA Disciplinary Regulations, specifically Article 11. This article mandates respect for the principles of ethical conduct, loyalty, integrity, and sportsmanship, and prohibits actions that insult and violate the basic rules of decent conduct, or use sporting events for non-sporting manifestations.”

The Spanish players’ union, the Asociacion de Futbolistas Españoles (AFE) has criticised the CEDB decision, stating that it violates the players’ freedom of expression. It is not yet known whether the bans will be appealed.

His Majesty’s Government of Gibraltar also welcomed the news and highlighted the “powerful point” made by the UEFA decision “to all who would mix sports and politics”.

Wider public opinion in Gibraltar, manifested mainly on social media, expressed lament at the seemingly lenient nature of the sanction, but Gibraltar’s Chief Minister, Fabian Picardo, appeared to agree that

“In the end, one match makes the point”.

The bans are also along the lines of those handed down to Merih Demiral and Mirland Daku’s for similar misconduct. It has also been reported that the Irish football club, Shelbourne FC, has been fined over €21,000 after its fans echoed the now infamous chant during a UEFA Conference League qualification match in Gibraltar.

Ultimately, the key point for the GFA is that

“UEFA reinforces the principle that the chants “Gibraltar es español”, have brought the sport of football….into disrepute, and confirms that there is no place for politically charged or discriminatory behaviour in football. The core issue at hand was the inappropriate and inflammatory nature of the chants, which not only disrespected the people of Gibraltar but also brought politics into a sporting arena….”.

For further information, log onto Hassan’s official website at ‘www.hassans.gi’