Paper Presentation II:
The Fans
Thursday, April 8, 15.15–17.15

Peter Coenen UK

Banning orders provide a unique remedy to a modern problem. Banning orders thread a thin line between administrative measures and criminal sanctions. Banning Orders have been incorporated into English law by the Football Spectators Act 1989, which was amended by the Football (Disorder) Act 2000. The English authorities have claimed banning orders as a great success in the fight against football hooliganism. The Football Spectators Act  (as amended) introduced a number of draconian measures intended to combat football hooliganism. One of the most controversial measures introduced is the football banning order.

A football banning order aims to prevent violence at or around football matches by restricting the free movement of football supporters. Supporters, to whom a banning order has been handed out, are not allowed to attend any domestic or international football matches. Supporters are furthermore not allowed any international travel during international football games of the English national team or of English club sides. For a banning order to be handed out, a criminal conviction is not necessary.

A banning order is a very serious measure. Therefore it should be treated with extreme care and should conform to national and international legal standards. The English legislation raises some serious questions regarding its legitimacy with regards to banning orders and its application in practice. In this paper, the author will explore some of the legal problems associated with banning orders. Special importance will be attached to whether the legislation regarding banning orders conforms with the provisions of the European Convention on Human Rights and the legal provisions of the European Union. The author will attempt to use the deficiencies of the English legislation as a warning to other countries that have or are contemplating the introduction of similar legislation.