Euro 2000 and football hooliganism.

• Author: Mojet, Hans

1. Introduction

   In 1994, it was decided that the European football championship (Euro 2000) would be organised by the Netherlands and Belgium. UEFA and the national football leagues of both countries established the Euro 2000 Foundation, which played a central role in the organisation of Euro 2000. The governments of both organising countries were also involved. They and the Euro 2000 Foundation cooperated closely in order to tackle the problem of football hooliganism. This article will describe the legal framework used in the Netherlands to combat hooliganism. It will start by giving a brief description of the actors involved in the organisation of the championship and of their responsibilities. Secondly, the relevant international legal framework will be described. Thirdly, the applicable national policy and legal framework will be discussed. As regards both, the discussions and/or procedures preceding the entry into force of the legal document or policy concerned will be described first, to be followed by a discussion of the actual policy or document as it was eventually adopted. Subsequently, the actual implementation of the policy and/or legal document during Euro 2000 will be evaluated.

2. The organisational framework of EURO 2000--organisations involved and their competences/tasks

   In 1994, the Netherlands and Belgium were appointed as organising countries for the European football championship in 2000. On 30 June 1997, the Dutch and Belgian Ministers of Home Affairs concluded an agreement of cooperation concerning the European football championship for country teams in 2000. The cooperation would start from 1 July 1997. The Ministers would coordinate the public services involved in the organisation of Euro 2000 in both countries. In addition, a project organisation was established in both countries. In the Netherlands, this was the National Project Group Euro 2000 (Nationale Projectgroep EK 2000). Both the Dutch and the Belgian national football federations submitted a performance bond to UEFA (the European football organisation), without prejudice however to the own responsibility of the candidates/teams, UEFA and the local authorities. The Dutch Football Federation (KNVB) and the Belgian association Belfoot 2000 then founded the Euro 2000 Foundation, which was established in Eindhoven (in the Netherlands) and which was to organise the championship. The responsibility for the organisation of the championship was shared between the Euro 2000 Foundation, UEFA and the national football federations of the Netherlands en Belgium.

   In their agreement of 30 June 1997, the Dutch and Belgian Ministers of Home Affairs expressed their intention to formulate a common policy in the following fields: policy and tolerance limits; security measures; infrastructure around the football stadiums; a common framework for the organisers' obligations concerning security, ticket sales and supporters' separation; stadium bans; the sale of alcohol in and around the stadiums; organised transport of supporters; mutual police assistance and exchange of police liaisons; the organisation of social events and the treatment of supporters and the supply of information to them; and media policy. A working group of civil servants met regularly and reported to both Ministers on the progress concerning measures for the protection of public order and security and concerning common initiatives and opinions on the cooperation before and during Euro 2000. Both countries would strive to limit the use of police forces during the tournament as much as possible.

   Besides the Minister of Home Affairs, other Dutch Ministers were also involved in the preparations for Euro 2000. A governmental direction committee was formed comprising the Ministers of Home Affairs and Justice and the Secretary of State for Sport. The mayors of the match towns would also be involved, as they were responsible for the maintenance of public order in their towns. The Minister of Justice would be responsible for the admittance and expulsion policy for football supporters and for criminal investigations initiated against supporters. The Secretary of State for Sport would be responsible for sports policy, events, supporters' transport and facilities. The Minister of Home Affairs dealt with the contacts with his Belgian counterpart, the policy framework for Euro 2000, tolerance limits, ticket selling policy and the minimum standards for a good organisation of the stewards. Other Ministers involved were the Minister of Transport (responsible for the infrastructure) and the Secretary of State for Economic Affairs (responsible for tourism and Holland promotion).

   A special Euro 2000 Centre (EK centrum) was established. This Centre had a central role in the preparations for the championship. It provided information on the championship, directed the interdepartmental and administrative harmonisation of tasks and provided support to the administrative direction of Euro 2000. In addition to the Belgian government and the Euro 2000 Foundation, the Centre represented the Dutch government in the organisation. In order to reinforce the coordination of the preparations for Euro 2000 a special project director-general was appointed. The appointment of a special high official would ease high level contacts with other organisations and would guarantee the required attention of the management in the Dutch civil services. Within the Dutch police forces a special football commissioner was appointed.

   Finally, the Bi-national Police Information Centre (BPIC) was established. This Centre was founded especially for Euro 2000 by the Netherlands and Belgium in order to exchange operational information between the police services of both countries.

3. The international legal framework used during EURO 2000

   The Dutch government wanted to limit the use of police forces as much as possible. The championship would imply the use of a considerable part of Dutch police resources, but this was not supposed to lead to unsafe situations in other parts of the country. Public order had to be maintained. In order to organise this properly, the Dutch government also used certain instruments of international law. First of all, it used the Schengen Treaty to reintroduce border controls. Secondly, it concluded a treaty with Belgium, the Treaty of Bergen op Zoom, making police intervention possible. Thirdly, the Dutch and Belgian governments issued a number of Joint Statements with the British and German governments concerning police and criminal cooperation. These documents will now be described

   3.1. The Schengen Treaty

   In June 1985, Germany, France and the Benelux countries concluded the Schengen Agreement on the gradual abolition of checks at their common borders. Article 2(1) of the Convention Implementing the Schengen Agreement (adopted in 1990) provides that internal borders may be crossed at any point without any checks on persons being carried out. The second paragraph of Article 2, however, states that an exception is possible "where public policy or national security so require". If this is the case, a Contracting Party has to consult with the other Contracting Parties before reintroducing border checks. The border checks can only be carried out for a limited period. If public policy or national security require immediate action, the Contracting Party concerned shall take the necessary measures and inform the other Contracting Parties thereof at the earliest opportunity.

   After consultations with the Belgian government, the Dutch government decided to carry out border checks during the football championship. Both governments tried to follow a common policy in as many fields as possible. Whether actual checks would be carried out, was dependent on information on possible threats to public order. After consulting with the other Contracting Parties of the Schengen Agreement (in accordance with Article 2 of the Convention Implementing the Agreement), both the Belgian and the Dutch governments decided to and did carry out border checks during the championship.

   3.2. The Treaty of Bergen op Zoom

   In April 1999, the Dutch and Belgian Ministers of Home Affairs concluded the Treaty of Bergen op Zoom concerning cross-border police intervention in order to maintain public order and security during the European football championship in 2000. Specific regulations concerning additional information on the Treaty were also published in each country (each country drafted its own regulations). The central point of view in the Treaty was that foreign police services would only be used for secondary, passive and supporting missions (of a defensive nature), in order to make more domestic police services available for important, more far-reaching missions (of an offensive nature). In the Netherlands, the Treaty did not require ratification by Parliament because of its temporary validity, but in Belgium it did. (1)

   The Treaty had to facilitate mutual police cooperation between the two countries during Euro 2000. Article 1 defines cross-border police intervention as follows: each intervention on the basis of the Treaty of police officers of one Contracting Party on the territory of the other Contracting Party, aimed at the prevention of infringements of public order and public security. The Treaty applied only to the regular police forces in the Netherlands, not to the Royal Netherlands Military Constabulary (Koninklijke Marechaussee).

   Article 2(1) provided that cross-border police intervention could only take place after a written request from one Contracting Party to the other Contracting Party. This request had to be directed to the competent authority in the other Contracting Party. In the Netherlands, the National Coordination Centre was the competent authority on behalf of the Minister of Home Affairs. In Belgium, the Mixed Intelligence and Coordination Cell (Gemengde Inlichtingen en Coordinatiecel, GICC) functioned as...