"Nick de Marco: 'The Godfather of PSR' Advocates Club Spending"

2024-12-03
Nick de Marco, a name that may not be widely known in the footballing world but holds significant influence. He is a chief football news reporter who has never scored a Premier League goal, saved a shot, or claimed an assist. Yet, his work in the complex area of Profit and Sustainability rules (PSR) has earned him the title 'The Godfather'.

Unraveling the Legal Soap Opera of English Football

The "Hostility" between Manchester City and the Premier League on the 115 Charges

De Marco, due to confidentiality issues, can't go into detail about many cases he's worked on. One such case was former Crystal Palace goalkeeper Wayne Hennessey being charged with making a Nazi salute in 2019, which was eventually found not proven. In the Manchester City 115 charges case, there is a lack of transparency. Decisions were made with no proper due process. As time has passed and commercialization has increased, more money and professionalism have come in. But many sports regulators are scared of losing control and do things secretly, which leads to suspicion. Imagine a finding later saying they preferred one witness's evidence over another or that an arbitrator was biased. We have no way of understanding or testing this. It is much better to be open and transparent.

There is a sense of hostility between Manchester City and the Premier League that seems to have become deeply entrenched. It is a shame that this has led to the current situation. Hopefully, football will pull itself together and end this civil war.

Changing the Rules to Allow Clubs to Spend More

After Leicester's immediate promotion from the Championship, they faced a hefty points deduction as they were charged by the Premier League in March for exceeding the permitted £105m three-year loss limit. The case was thrown out in September with the Premier League saying the independent panel's interpretation "failed to take into account the purpose of the rules." Many observers felt De Marco had exploited a loophole, but he rejects this. He believes the Premier League should never have brought the case in the first place. This leads to the revised rules around Associated Party Transactions, which were agreed by a vote at the Premier League meeting on 22 November despite strong opposition from Manchester City and Aston Villa. De Marco has some sympathy with City's assertion that rushing through legislation is a mistake. People shouldn't rush to change rules, as seen in the Football League and Premier League many times. Two or three years down the line, there could be issues like Leicester winning their case due to a perceived loophole in the rules that they themselves wrote.

It is important to consider the long-term implications of rule changes and ensure they are fair and just for all clubs.

Making Financial Breach Cases Open to the Media

Most financial breach cases in football are not heard in public, which can lead to confusion. The Mendy case was unusual as it was an employment tribunal and heard in public. De Marco feels that this is the right way as it provides transparency. In the past, everything was behind closed doors with no proper transparency or due process. As commercialization and professionalism have increased, there is a need for more openness in these cases. It allows for a better understanding of the issues and helps to build trust.

Transparency in financial breach cases is crucial for the integrity of the sport.

The Risk of the Premier League Writing Its Own Rules

When the Premier League makes its own rules and its clubs vote in their short-term self-interest, it can lead to problems. De Marco is a "convert" to the idea of an independent regulator coming in to "stop the wars" around the funding pyramid in English football. Most people would welcome greater transparency and fan involvement. The Premier League has been successful, but it should listen to its critics and engage with a new regulator.

An independent regulator can help ensure fairness and stability in the sport.

Why He Backs an Independent Regulator

De Marco believes that when the league makes its own rules, it often leads to conflicts and self-interest wars. An independent regulator can provide a neutral perspective and ensure that the rules are fair and applied consistently. It can also help to build trust between the clubs and the league.

An independent regulator is essential for the long-term health of English football.

'Owners should be allowed to invest more money'

Strangely, for someone who has worked on so many high-profile PSR cases, De Marco is not a fan of the current rules. He feels there should be a loose upper spending limit to encourage competition and investment. He doesn't think the advent of state-run clubs necessarily means everyone should cut back. For example, imagine Elon Musk buying a club in the Premier League. He has a huge personal wealth and could completely change the club. Whether it is a private individual or a state, the focus on state ownership is a bit of a mistake. Owners should be allowed to invest more money if they want to, but they have to guarantee it so they can't just pull the plug.

Finding the right balance between investment and financial stability is crucial for the future of football.

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