Gabriel Muresan is an international Romanian football player currently engaged in a contract with the Romanian club FC ASA 2013 Targu Mures. During the league match against FC Steaua on 26 October 2014, he and Raul Rusescu (FC Steaua) reached for a header, the latter receiving a direct elbow strike in the face which forced him to abandon the game and be rushed to hospital.
The incident was widely reported at an international level and gained public interest due to the harshness of the footage and the terrible consequences for Muresan, who underwent surgery due to the orbital fracture. His recovery lasted over a month and forced him to then play with a protection mask.
This high-pressure case led to a public statement by the Romanian Football Federation (FRF) President Razvan Burleanu, who openly manifested his discontent and concern with the decision of the FRF Appeals Committee to lift the initial sanction on the player, leading to FC Steaua appealing to the CAS.
This incident raised the question of a possible reform in the regulation of the so-called retrospective action, which essentially authorizes the disciplinary committees of National Associations to intervene and sanction incidents that occurred during a match, if certain conditions are met.This article will therefore briefly explain the grounds of the two different decisions adopted by the internal bodies of the FRF and the final decision of CAS, albeit while comparing the current FRF regulation with the solution adopted by other National Associations on retrospective actions.
The FRF decisions
Immediately after the match, FC Steaua reported the incident and filed a complaint before the Disciplinary Committee (DC) of the Romanian Football Federation (FRF).
In his defence, the player raised in principal a plea of inadmissibility based on the irrevocable and final character of the referee’s decisions pursuant to Article 90(3) of the FRF Disciplinary Regulation.[1] Muresan claimed that the
referee had undoubtedly seen the collision; firstly deciding to stop the match, secondly applying a caution, and...
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