The former president of the RFEF is finally out of the running for the presidency of the Federation

Full article

Justice refuses to suspend the disqualification of Pedro Rocha

Pedro Rocha, former president of the Royal Spanish Football Federation (RFEF), has suffered another setback in his attempt to regain the presidency of the organisation he once led.

Finally, the National Court has denied his request for a precautionary measure to suspend the two-year disqualification imposed by the Administrative Court of Sport (TAD), leaving him completely out of the RFEF presidential elections.

A decision that leaves Rocha out of the game

The TAD sanctioned Rocha for three offences considered very serious and, consequently, he was fined more than 16,000 euros for each of the first two offences and disqualified for two years for the remaining one. This prohibits him from holding any managerial position in sport, including national federations.

However, as the elections for the presidency drew nearer, Rocha tried to get out of the disqualification temporarily, arguing that the sanction was causing him ‘irreparable damage’. According to Rocha, not being able to stand for the RFEF presidency violates his right to participate and be elected without the opportunity to defend his candidacy.

However, the decision of the Central Contentious-Administrative Court number 2 of the Audiencia Nacional has denied his request. According to the judge in charge of the case, the harm to Rocha does not justify temporarily absolving him of his sentence, as it could have a negative impact on third parties.

Why was the injunction rejected?

The judge's decision not to modify Rocha's sentence was based on an analysis of possible scenarios. If he was allowed to stand for election and was elected president, the consequences could be very negative in the future, if the court were to uphold the election. In that case, all the decisions that Rocha had taken so far could be called into question, affecting the Federation and third parties.

But, on the other hand, if the disqualification still stands and Rocha finally manages to have it annulled with a favourable ruling, the damage caused to the ex-president could be rectified with financial compensation. In other words, even if he loses the opportunity to be president, he would be financially compensated for the damages suffered.

Therefore, the judge concluded that the ‘lesser evil’ was to maintain the sanction and prioritise the public interest over Rocha's right, prioritising institutional stability.

A conflicting resolution

The judge's decision has generated some controversy, as in 2022, in the case of the footballer Lewandowski, the National Court itself considered that denying a precautionary measure in the face of a suspension sanction could cause ‘irreparable’ damage.

However, in this case, the judge has supported the idea that the damage is not irreparable, as it could be compensated economically, marking a big difference between the two cases. In addition, the judge confirmed that removing Rocha's disqualification could cause damage to third parties, but never detailed to whom he was referring.

The sanction and its ratification in court have not only removed Rocha from office, but also reinforced the image of a Federation that, after the recent scandals, seeks to project transparency and rigour in its governance.

Pedro Rocha, for his part, will have to decide whether to continue fighting for his rehabilitation in the courts or to leave this stage behind to seek new challenges. For now, the former president is out of the game in a game that, at least for the moment, seems lost.