Every now and then, there are protests by fans against further stadium bans issued arbitrarily by institutions that would not should be under average conditions (i.e. under the conditions of the law).
However, purely legal analysis is lacking in these protests, the emotions of both parties dominate. The eternal conflict between freedom and safety in which the stronger prevails. However, as far as I know, law and the "state of law" were created precisely to settle disputes according to a sense of justice alternatively than simple force.
Meanwhile, one more time the stadium ban was issued in connection with the dangerous action of fans Widzew Łódź at Cracovia Stadium. A very creative action, due to the fact that RTS fans climbed the roof to cover the sign “Vidzew” with a fragment of the sign “Cracovia Pany”, so that “gentlemen” would be those from the city of fibermakers. But let's get back to the point, due to the fact that it's not about assessing the creativity of the fans.
It was expected to be against the full stadium. According to the logic of the "hit" in the organizer of the event, i.e. the match, which was not expected to be well secured. And this will be done from the point of view of legal logic, but little will be defended by those who lose on specified a ban. First of all, the victims are fans of Cracovia, any of whom did participate in the action of "reflection of inscription" on the roof, but more than 99% had in common with the performers only that they shared with their club sympathies. And it won't defend itself anymore. Like the fact that fans of another bands, who so cannot go to their team's distant game, though they had nothing to do with this action.
And here comes the minute erstwhile you gotta go from item to general. Should a hit on a guilty (organiser, i.e. a football club) take place even erstwhile it generates collective responsibility? Given the hierarchy of legal acts, that is, that the highest legal act in Poland is the Constitution of the Republic of Poland – Article 42 of which states that "criminal work is subject only to the individual who committed a criminal offence by the law in force at the time of his execution", we can treat this (and this is besides mentioned in the jurisprudence practice of the Constitutional Court) as a clear prohibition of collective responsibility. The punishment for the action described during the Cracovia-Widzew match should be borne by riots, the organizer (if we presume that the work to avoid specified events is mandatory), but surely not bystanders or participants of another event on another day.
The union authorities, however, pour out a baby with a bath in specified situations and encourage another actors to do the same. due to the fact that that is the case, for example, with the scandalous deficiency of tickets for fans of Wisła Kraków at distant games in the First League. Everyone knows that, journalists compose articles, while the law is helpless, although it speaks clearly about freedom of movement and participation in public events. Really, the fact that Bear knifed Dino Baggio 27 years ago and the overall pathological climate around White Star fans cannot be a reason for the organizers to quit their duties, and that is actually what we are dealing with.
And last but not least, the title: neither PZPN nor Extraclass S.A. nor the football community are any exceptions to the law and have the same responsibilities as everyone else. The interior rules that regulate gameplay must not go beyond what state law says. Unless we consider football to be extraterritorial.
Yes, football matches can be high-risk matches, emotions accumulate there and there are violations of the law. But no 1 demands the abolition of traffic due to an accident, no 1 prohibits the sale of knives due to assault with this tool. On the another hand, erstwhile there is simply a tragedy at the performance of artist X in the city of Y, there is no reason why fans could not perceive to this artist in the city of Z, and artist X played respective more concerts without an audience. Let's get it over with, 'cause before we wake up, we're gonna halt surviving in a state of law.
Tomasz Jankowski
photo of wikipedia
Think Poland, No. 43-44 (20-27.10.2024)
