Reaction from the Association of Clubs to the Sports Law!

A statement on the Sports Clubs and Sports Federations Law Proposal, which was accepted by the National Education, Culture, Youth and Sports Commission and submitted to the Turkish Grand National Assembly, was published on the Clubs Union’s social media account.

The statement included the following:

“As the public knows, the Sports Clubs and Sports Federations Law Proposal was accepted by the National Education, Culture, Youth and Sports Commission and presented to the Turkish Grand National Assembly. During the law studies that gained momentum in the past 2 years, we were invited to Ankara several times as clubs. and we conveyed our views on the bill to the relevant representatives, verbally and in writing. However, we have regretted that our views and works on the draft bill have not been taken seriously enough. The fact that the participating representatives were not listened to increased our concerns even more.

We would like to express clearly that; We do not have any objection to the alleged aims of the law. However, the prepared bill will be insufficient in terms of content, but its aims and results will be far from each other.

The possibility of intervention of public institutions, not control, is increased.

In the most general terms, a very strong Ministry tutelage is established over sports clubs. At the same time, the feature of sports clubs as “Non-Governmental Organizations” is completely destroyed; The autonomous structure of sports is damaged with the authority of public institutions to intervene in the management of clubs in financial and administrative matters. In the text of the Bill, which contains numerous regulations that may lead to unfair competition, the Ministry and Sports Federations have been given excessive discretionary powers. It is foreseen that the federation will be given a share from the main incomes of sports clubs, thus paving the way for the federation to become a partner of sports clubs.

Disproportionate and interpretive sanctions are imposed, not financial control.

While explaining the main objectives of the Bill, it is stated that the clubs are to get rid of the debt quagmire. When we look at the content of the bill, unfortunately, the articles that are thought to serve this purpose are far from reality and full of disproportionate sanctions. While all sports authorities in the world were controlling the expenditures that caused the financial deterioration in clubs, the Law proposal chose to punish the debts and assignments that emerged after it was too late. The definition of the concept of borrowing has not been made and is left to the interpretation and discretion of the Ministry.

Within the framework of borrowing and break-even control mechanisms, inflation and exchange rate differences, which are the reality of our country, are not taken into account. However, the quorums for the general assembly meeting on financial and administrative matters subject to audit were arranged far from reality. All these regulations, which are open to interpretation, far from realism and contain disproportionate penalties, are of a nature that will make it difficult for the continuity and sustainable financial management of sports clubs and sports joint-stock companies. Prison sentences, material and moral sanctions foreseen for the club president, members of the board of directors and managers also make it impossible for Turkish sports clubs to manage and the possibility of Turkish sports to receive new investments. Also, FIFA, UEFA etc. It is a matter of debate how the perspectives of international sports authorities on the independence of our country’s sports will be affected.

We regret to state that if the relevant bill becomes law as it passed the commission:

• The influence of public institutions on sports will increase,

• All managers of existing indebted clubs, without exception, will be in a position to be tried with a prison sentence,

• The newly elected President, the member of the board of directors and even the professionals to be appointed, who are qualified and honest, will not aspire to positions because they do not want to take these risks,

• Due to the controls on the owned clubs and the sanctions that will go to prison, it is likely that all domestic and foreign investments will be prevented from coming to the sports sector.

As we emphasize at every opportunity, it is vital for Turkish sports to tighten the controls in sports clubs, establish transparent and fair competition, increase accountability, get rid of the debt quagmire of the clubs and establish the responsibilities of the managers in a proportional manner. We have always tried to clearly demonstrate our belief in this issue, both during the restructuring agreements with the Banks Association and with our leading role in the application of Team Expenditure Limits prepared by the TFF.

That being the case, before the bill is passed in the TGNA, heed our reservations again; It is our wish that inspections and sanctions will be reorganized to prevent unfair competition and in line with the realities of the country. We would like to let you know that we are always ready to support the work to be done in this direction.”

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