A recent controversy from a high-profile derby between Galatasaray and Fenerbahçe has sparked an important discussion on the boundaries of unsporting behavior, discrimination, and rhetoric in football.

During the post-match press conference, Fenerbahçe’s coach, José Mourinho, reflecting on an early-game incident, described the opposing bench’s reaction to a referee’s decision, stating:

"I have to also thank the referee, because with a Turkish referee, after the big dive in the first minute, and their bench jumping like monkeys on top of the kid (Yusuf Aycicek), a Turkish referee would have given a yellow card after one minute, and after five minutes, I would have had to change him."

The phrase "jumping like monkeys" was directed at the intensity of objections from the opposing bench rather than individuals themselves. Nevertheless, it has sparked significant backlash. Galatasaray, the opposing club, has publicly stated its intention to file a formal complaint to UEFA and pursue disciplinary action against Mourinho

On February 25, 2025, TFF’s Legal Counseling Department referred Mourinho to the Professional Football Disciplinary Board (PFDB) under Article 41 of TFF Football Disciplinary Regulations.

This paper examines the legal and jurisdictional framework applicable to this case.

Relevant Regulations

1. FIFA Disciplinary Code 

• Article 15: Penalizes any person who offends the dignity or integrity of a country, person, or group of people through contemptuous, discriminatory, or derogatory words or actions on account of race, skin color, ethnicity, nationality, social origin, gender, disability, sexual orientation, language, religion, political or any other opinion, wealth, birth status, or any other reason.

2. FIFA Code of Ethics 

• Article 23: Prohibits offending the dignity or integrity of a country, person, or group of people through contemptuous, discriminatory, or derogatory words or actions based on protected characteristics such as race, ethnicity, nationality, gender, religion, etc.

3. UEFA Disciplinary Regulations 

• Article 14: Prohibits racist or discriminatory conduct targeting race, ethnicity, nationality, or other protected characteristics. Such conduct is subject to severe sanctions.
• Article 11: Sanctions behavior that is insulting or otherwise violates basic rules of decent conduct even if it does not meet the threshold for discrimination.
• Article 15: Penalizes unsporting conduct by officials or players during matches, including insulting language or disrespectful behavior.

4. Turkish Football Federation (TFF) Regulations 

• Article 41 of TFF Football Disciplinary Regulations: Penalizes persons who insult, swear at, threaten, or attack personal rights of TFF members (including match officials), players, managers of other clubs/teams through any medium (e.g., press or social media).
• Article 42 of TFF Football Disciplinary Regulations: Penalizes anyone who offends human dignity by discriminating on grounds of race, language, religion, ethnic origin, or in any other way.

Jurisdictional Question: Who Has Authority?

1. TFF Jurisdiction

• The Turkish Football Federation (TFF) has exclusive authority over disciplinary matters arising from domestic competitions. Complaints filed by Galatasaray will be reviewed by the PFDB.
• According to Article 59/3 of the Constitution of the Republic of Turkey, decisions by TFF's Arbitration Board (Tahkim Kurulu) serve as the final appellate body for disciplinary matters within Turkey. These decisions are binding and cannot be challenged in ordinary courts.

2. UEFA and FIFA Jurisdiction

• According to Article 2 of UEFA Disciplinary Regulations:

  • UEFA’s regulations apply only to matches and competitions organized by UEFA.
  • Serious violations outside UEFA competitions may fall under its jurisdiction only if not prosecuted appropriately by its member associations.

• FIFA does not intervene in domestic disciplinary matters unless there is an international dimension or a breach of its statutes.

3. CAS Jurisdiction

• As per Article 64 of TFF Statutes, appeals against final and binding decisions by FIFA or UEFA can be heard by CAS/TAS (Court of Arbitration for Sport) in Lausanne.

• However:

  • CAS does not have jurisdiction over violations of the Laws of the Game.
  • CAS cannot hear appeals regarding suspensions imposed under FIFA/UEFA Statutes.
  • CAS cannot hear appeals against decisions made by TFF's Arbitration Board (Tahkim Kurulu), provided it is an independent and duly constituted body under procedural rules.

• Therefore:

  • Decisions by TFF's Arbitration Board are final and cannot be appealed to CAS.

Key Perspectives on Disciplinary Action

In reviewing this case under the relevant regulations and jurisdictional framework:

• Discriminatory Conduct: The remark carries connotations that warrant scrutiny under anti-discrimination rules if deemed offensive toward a protected characteristic such as race or ethnicity.
• Unsporting Behavior: While not discriminatory in nature based on current evidence (as both parties share similar racial backgrounds), the remark could still be penalized under general conduct provisions for being offensive or disrespectful.
• Innocent Expression: The phrase may be interpreted as rhetorical hyperbole used to describe exaggerated objections by the opposing bench and might not warrant disciplinary action if deemed non-malicious.

Analysis

This case highlights critical issues regarding context and intent in interpreting language within football governance. However:

• The TFF has exclusive jurisdiction over this matter as it occurred in a domestic competition.
• Neither UEFA nor FIFA can intervene unless there is evidence that TFF failed to act appropriately.
• Appeals to CAS are not possible due to Article 64 of TFF Statutes and Article 59/3 of Turkey’s Constitution.

As Galatasaray moves forward with its formal complaint against José Mourinho for his post-match comments during this derby match with Fenerbahçe on February 24th, it will ultimately fall upon TFF’s disciplinary bodies to assess whether his remarks warrant sanctions under their regulations.

Conclusion

This case highlights the need to uphold respect and professionalism in football while considering context and intent in disciplinary decisions. Football authorities must apply consistent and proportionate sanctions in line with established rules. The TFF’s ruling will set a key precedent for how similar incidents are addressed in Turkish football, shaping the balance between free expression, sportsmanship, and disciplinary enforcement.

@Av. Dr. Ömer KESİKLİ

@Av. Onur DURAK, LLM