Legal Responses to Football Hooliganism in Europe (ASSER International Sports Law Series)

This book brings together a number of perspectives on how different European states have responded to the phenomenon of football crowd disorder and violence, or “hooliganism”. It applies a comparative legal approach, with a particular focus on civil and human rights, to analyze domestic legislation, policing and judicial responses to the problem of “football hooliganism” in Europe. Academics and legal professionals from eight different European countries introduce and analyze the different approaches and draw together common themes and problems from their various jurisdictions. They offer insights into the interactions between (domestic) politicians, law enforcers and sports authorities. The book is important reading for scholars and practitioners in the fields of law, sports law, sociology and criminology, and for all those concerned with questions of law enforcement and human rights. While it perfectly fits the curriculum for postgraduate studies in the fields mentioned, it is also highly recommended as secondary reading for undergraduate students. Dr. Anastassia Tsoukala is tenured Associate Professor at the University of Paris XI, France. Dr. Geoff Pearson is Senior Lecturer in Criminal Law at the University of Manchester’s Law School, Manchester, United Kingdom. Dr. Peter Coenen was Assistant Professor of Law at Maastricht University in the Netherlands. In Memoriam 7 Contents 8 1 Legal Responses to Football ‘Hooliganism’ in Europe—Introduction 9 Abstract 9 1.1 Introduction 10 1.2 Methodology 12 1.3 Pan-European Responses to ‘Football Hooliganism’ 16 1.4 Human Rights 18 1.5 ‘Football Hooliganism’ 21 References 24 2 Return to ‘Radio Nostalgia’: Twenty Years of ‘Anti-Violence’ Legislation in Italian Stadia 26 Abstract 26 2.1 Introduction 27 2.2 Legislation 40189—The ‘DASPO’ (Prohibition of Access to Sporting Events) 28 2.3 The ‘Special Legislation’ from 2001 to 2007 31 2.4 A Loyalty Card for Fans (The ‘Tessera Del Tifoso’) 35 2.5 Conclusions 39 References 40 3 Legal Responses to Football Crowd Disorder and Violence in England and Wales 42 Abstract 42 3.1 Hooliganism and the ‘English Disease’ 43 3.2 English Fan Culture 45 3.3 The Regulation of Crowds in the UK—Legislation 46 3.4 The Regulation of Crowds in the UK—Football Banning Orders 49 3.5 The Regulation of Crowds in the UK: Policing Strategies 49 3.6 Impact upon Fan Human Rights 50 3.6.1 Restrictions on Movement: Kettling, Escorts and Hold-Backs 51 3.6.2 Intelligence Gathering 53 3.6.3 Banning Orders on Complaint and Identification of ‘Risk Supporters’ 54 3.7 Conclusions 57 References 58 4 Legal Measures and Strategies Against Violence at Football Events in Germany 60 Abstract 60 4.1 The Development of Fan Culture in and Around German Stadia 61 4.1.1 Development of the Ultra Fan Culture 61 4.1.2 The Stadia 61 4.1.3 Fan Disorder 62 4.1.4 Police Statistics 64 4.2 The Gap Between the Real Situation in the Stadia and the Media Coverage 65 4.3 Security Concepts 67 4.3.1 Development of Security Concepts 67 4.3.2 The 2006 World Cup 68 4.3.3 Practical Implementation 68 4.3.4 Current Developments 70 4.4 Individual Measures Against Football Supporters 70 4.4.1 Stadium Bans 70 4.4.2 Transferring League Punishments onto the Fans 74 4.4.3 Police Measures 76 4.4.3.1 Exclusion Orders (Stadium, Train Station, City Centre) 76 4.4.3.2 Reporting Duty 77 4.4.3.3 Detention 77 4.4.3.4 Travel Bans 78 4.4.3.5 Police Visits (‘Gefährderansprache’) 78 4.5 The ‘Violent Offenders Sports Database’ 78 4.6 Conclusions 79 References 80 5 Regulating Football-Related Violence in France 81 Abstract 81 5.1 Introduction 82 5.2 Controlling Danger 83 5.3 Managing Risk 85 5.3.1 Conceptual Background 85 5.3.2 Control and Direct Punishment of Deviant Behaviour 87 5.4 Jeopardising Civil Rights and Liberties 90 5.4.1 Suspicion-Grounded Policies 90 5.4.2 Blurring Borders 92 5.4.3 Risk-Based Policies and the Judicial 93 5.5 Conclusions 95 References 95 6 Punishing and Monitoring the Greek Football Fans: Civil Liberties at Stake? 99 Abstract 99 6.1 Introduction 100 6.2 The Lenient Period 102 6.2.1 Punishing the Offenders 102 6.2.2 The Spatial and Temporal Context 103 6.3 The Harshest Period 103 6.3.1 Punishing the Offenders 104 6.3.2 From State Control to Private Power Discretion 105 6.3.3 The Politics of Risk Assessment, and Its Exceptional Responses 106 6.3.4 Police Bureaucratic Procedures and the Question of Supporters’ Records 107 6.4 Conclusions 110 References 111 7 Football-Related Disorder in the Netherlands 112 Abstract 112 7.1 Introduction 113 7.2 Current Developments in the Netherlands 114 7.3 Intelligence Gathering on Football ‘Hooliganism’ 115 7.4 The Football Law 117 7.5 Problems Related to the Football Law 120 7.6 Early Case Law Regarding the Football Law 125 7.6.1 LJN BP5057, Amsterdam District Court 125 7.6.2 LJN BW1140, Amsterdam District Court 127 7.7 Conclusions 128 References 130 8 Legal and Policing Responses to Football Crowd Disorder in Austria 132 Abstract 132 8.1 Introduction 133 8.2 Football Games as Sports Events 134 8.2.1 Terminology 135 8.2.2 Legal Basis 135 8.3 Maintenance of Public Safety and Order 136 8.3.1 Tasks of the Organisers 136 8.3.1.1 ÖFB, Bundesliga 137 8.3.1.2 Football Clubs 137 8.3.2 Tasks of the Police 138 8.3.2.1 Organisation 139 8.3.2.2 Powers 140 8.3.2.3 Operational Procedures (3-D Philosophy) 141 8.4 Safety Management in Football 142 8.4.1 Police Measures 142 8.4.1.1 Safety Area (§ 49a Section 1 SPG) 143 8.4.1.2 Expulsion and Prohibition to Enter (§ 49a Section 2 SPG) 143 8.4.1.3 Gefährderansprache (Appeal, § 49b SPG) 143 8.4.1.4 Meldeauflagen (Duties to Report, § 49c SPG) 144 8.4.1.5 Video Surveillance (§ 54 SPG) 144 8.4.1.6 Databases 144 8.4.2 Ground Regulations or ‘House Rules’ 145 8.4.2.1 Stadium Bans 146 8.4.2.2 Pyrotechnics 147 8.5 Conclusions 148 References 149 9 Legal Responses to ‘Football Hooliganism’ in Ukraine 151 Abstract 151 9.1 Introduction 152 9.2 ‘Football Hooliganism’ as Social Phenomenon in Ukraine 152 9.3 Measures Ensuring Public Order and Public Safety in Connection with Preparing and Hosting Football Matches 156 9.3.1 Evolution of Legislation 156 9.3.2 Basic Principles of Ensuring Public Order and Public Safety at Football Matches and the Legal Status of Spectators 157 9.3.3 Entities Responsible for Ensuring Public Order and Public Safety and Their Legal Status 159 9.3.4 Special Measures in Connection with Organising Euro 2012 159 9.3.5 Football Banning Orders 160 9.4 The Offence of ‘Football Hooliganism’ and Liability for ‘Hooliganism’ 164 9.4.1 General Approach to ‘Football Hooliganism’ as an Offence and Liability Issues 164 9.4.2 ‘Football Hooliganism’ as an Administrative Offence 165 9.4.3 ‘Football Hooliganism’ as a Crime 165 9.4.4 ‘Football Hooliganism’ as a Violation of the Rules of Football Associations and the Liability of Football Fans 166 9.5 Conclusions 168 References 169 10 Conclusions: Social Control at the Expense of Civil Liberties and Human Rights 172 Abstract 172 10.1 Introduction 173 10.2 Risk-Led Rationalities and the Decline of Democratic Modes of Governance 174 10.3 Restructuring Governance Around Security 176 10.4 An Alternative Approach: Is It Possible? 178 10.4.1 Judicial Scrutiny of the Executive 178 10.4.2 A Human Rights-Based Approach to Football Policing and Regulation 179 10.5 Concluding Remarks 180 This Book Brings Together A Number Of Perspectives On How Different European States Have Responded To The Phenomenon Of Football Crowd Disorder And Violence, Or Hooliganism. It Applies A Comparative Legal Approach, With A Particular Focus On Civil And Human Rights, To Analyze Domestic Legislation, Policing And Judicial Responses To The Problem Of Football Hooliganism In Europe. Academics And Legal Professionals From Eight Different European Countries Introduce And Analyze The Different Approaches And Draw Together Common Themes And Problems From Their Various Jurisdictions. They Offer Insights Into The Interactions Between (domestic) Politicians, Law Enforcers And Sports Authorities. The Book Is Important Reading For Scholars And Practitioners In The Fields Of Law, Sports Law, Sociology And Criminology, And For All Those Concerned With Questions Of Law Enforcement And Human Rights. While It Perfectly Fits The Curriculum For Postgraduate Studies In The Fields Mentioned, It Is Also Highly Recommended As Secondary Reading For Undergraduate Students--back Cover. Legal Responses To Football Hooliganism In Europe : Introduction / Peter T.m. Coenen, Geoff Pearson And Anastassia Tsoukala -- Return To Radio Nostalgia : Twenty Years Of Anti-violence Legislation In Italian Stadia / Arianna Sale -- Legal Responses To Football Crowd Disorder And Violence In England And Wales / Mark James And Geoff Pearson -- Legal Measures And Strategies Against Violence At Football Events In Germany / Marco Noli -- Regulating Football-related Violence In France / Anastassia Tsoukala -- Punishing And Monitoring The Greek Football Fans : Civil Liberties At Stake? / Diamantis Mastrogiannakis -- Football-related Disorder In The Netherlands / Peter T.m. Coenen -- Legal And Policing Responses To Football Crowd Disorder In Austria / Ireen Christine Winter -- Legal Responses To Football Hooliganism In Ukraine / Alla Shvets -- Conclusions: Social Control At The Expense Of Civil Liberties And Human Rights / Anastassia Tsoukala, Geoff Pearson And Peter T.m. Coenen. Anastassia Tsoukala, Geoff Pearson, Peter T.m. Coenen (deceased), Editors. Includes Bibliographical References. Front Matter....Pages i-ix Legal Responses to Football ‘Hooliganism’ in Europe—Introduction....Pages 1-17 Return to ‘Radio Nostalgia’: Twenty Years of ‘Anti-Violence’ Legislation in Italian Stadia....Pages 19-34 Legal Responses to Football Crowd Disorder and Violence in England and Wales....Pages 35-52 Legal Measures and Strategies Against Violence at Football Events in Germany....Pages 53-73 Regulating Football-Related Violence in France....Pages 75-92 Punishing and Monitoring the Greek Football Fans: Civil Liberties at Stake?....Pages 93-105 Football-Related Disorder in the Netherlands....Pages 107-126 Legal and Policing Responses to Football Crowd Disorder in Austria....Pages 127-145 Legal Responses to ‘Football Hooliganism’ in Ukraine....Pages 147-167 Conclusions: Social Control at the Expense of Civil Liberties and Human Rights....Pages 169-178