Football in Germany: A Model Case for Addressing Match-Fixing? Michael Pedersen
October 29, 2013
Detective governance measures include an ombudsman and a system to detect unusual betting patterns
Two detective governance measures are in place to make the efforts to address match-fixing in German football effective; an ombudsman and a system to detect unusual betting patterns.
The ombudsman is an appointed, independent lawyer, whom any stakeholder of German football can reach out to in confidence – to seek guidance or to report a potential case of match-fixing. The ombudsman can be approached by phone or by e-mail. The ones reporting a potential case of match-fixing, so-called whistleblowers, can decide to do so anonymously or by disclosing their identity. If a whistleblower decides to disclose his or her identity, (s)he can request the ombudsman to keep it confidential. Also, whistle-blowers can request the support of the ombudsman along the way during an investigation.
In investigating a potential case of match-fixing, the ombudsman is required to take a close look at information available and then refer the case to the legal departments of the German Football Federation and the Professional German Football League. He is then to reach agreement with the legal departments on how they are to handle information available and on the nature of next steps in the investigation. Upon completion of an investigation, the ombudsman is also required to inform the whistleblower of the outcome.
The system to detect unusual betting patterns comprises collaboration with the company Sportradar, registered in Germany. Sportradar monitors unusual offers and demands for bets in German football from up to 300 relevant betting providers worldwide with a view to identifying potential cases of match-fixing. All matches in the professional German football league and the second league are monitored. The same is the case for all matches of the two top leagues of junior players and of women football. Among others, all matches of the German national football team are monitored too.
Sanction governance measures include two separate judicial bodies
Applicable rules and regulations in German law that relate to illegal betting and fraud are dealt with in the public judicial system in Germany. Yet, the German Football Federation has two separate judicial bodies in place that consider cases of potential match-fixing and the extent to which rules and regulations of the German Football Federation have been violated.
One body, the so-called ‘Sports Court’, is the first body to consider cases of potential match-fixing. The other body, the so-called ‘Federation Court’, functions as a body of appeal. The ‘Sports Court’ is comprised of a president, a vice-president and 29 core members, while the ‘Federation Court’ is comprised of a president, a vice-president and 28 core members. For both bodies, the president and vice-president are elected by the general assembly of the German Football Federation. The core members are appointed or elected by a wide range of members and constituents.
Several cases of match-fixing in German football have been proven and sanctioned in recent years. Cases include referees and players, upon whom sanctions such as fines and exclusion from professional football in Germany have been imposed.
More information about the efforts to address match-fixing in German football is available online
For more information about the efforts to address match-fixing in German football, see http://gemeinsam-gegen-spielmanipulation.de
Critical questions for sport leaders to ask themselves
Inspired by the case of German football, critical questions for sport leaders to ask themselves, as they start modernizing governance standards for the future, include:
>If you never have a proven case of match-fixing in your sport, does it mean that your sport is completely clean or that your measures in place are ineffective in detecting such cases?
>What is the best way to understand the nature and magnitude of match-fixing in your sport? – Who are the ones organizing it, and how do they select and approach athletes and referees?
>How do you best protect your athletes and referees from offers for match-fixing?
>What comprises the best preventive training for athletes and referees most prone to offers for match-fixing? – Training to raise awareness about what is right and wrong conduct vs. training to motivate the right behavior?
>Which are the best means of detecting potential cases of match-fixing? – And what is the most fair way of treating athletes and referees accused of match-fixing before, during and at the conclusion of an investigation of a potential case of match-fixing?
>What is a fair and credible way of sanctioning proven cases of match-fixing – from the perspectives of athletes, referees and the wider general public?
>How to best create confidence among the key stakeholders of your sport that appropriate athletic governance measures are in place to prevent, detect and sanction cases of match-fixing? – And that they are effective?
>Who are the potential partners to add the most credibility and expertise to your efforts to address match-fixing?
>What could be the nature of a code of conduct against match-fixing for athletes and referees in your sport to sign? – Rights as well as responsibilities?
>How do you best ensure independence and separation of powers in a governance system to prevent, detect and sanction cases of match-fixing? – That the ones making the rules, detecting and investigating potential breaches of rules and eventually sanctioning proven cases of breaching rules are independent from each other? – And that there is yet another independent body considering appeals?
Links to my previous contributions for iSportconnect’s expert column on sport governance:
5) ‘England and Wales Cricket Board: A Winning Model for Transparency and Accountability in Sport?’
4) ‘Badminton World Federation: A Winning Model for Democratizing Sport in the 21st Century?
2. ‘The Business Case for Good Governance in Sport’
1. ‘Sport Governance – What Are We Actually Talking About?’
Michael Pedersen, Founder of M INC., is an internationally recognized expert and leader in good governance, transparency, ethics and integrity.
Michael is the former Head of the World Economic Forum’s Partnering Against Corruption Initiative, an international good governance partnership with over 175 multinational companies and their CEOs. He holds three MSc degrees; an MSc in Global Leadership; an MSc in Responsibility and Business Practice; and an MSc in International Relations.
Michael is passionate about sport. Sport has and continues to play an important role in his life. He is of Danish origin and currently lives in Lima, Peru and in Barcelona, Spain.
He also publishes a leadership series on good governance in sport that is available for free download at: http://minc.ch/sport-practice.html
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