The recent announcement of a previously confidential secret investigation and the serious allegations concerning the Hellenic Basketball Federation (EOK) and its president, Vangelis Liolios, have raised critical institutional and legal questions.
In cases involving criminal proceedings against or the pretrial detention of executives of sports organizations, sports legislation provides for strict rules to ensure proper functioning and transparency.
Under the Sports Law (Law 2725/1999) and the general principles governing the operation of sports federations, a president’s pretrial detention or involvement in criminal proceedings can trigger strict legal and statutory procedures for replacement and removal from office.
1. Replacement in the event of inability to perform duties
In the event of a temporary inability to perform duties, such as arrest or temporary detention pending trial:
- Who takes over: The first vice president of the federation’s board of directors assumes the president’s duties.
- The procedure: If the impediment continues — for example, if pretrial detention is ordered after the individual gives a statement to the investigating magistrate — the federation’s board of directors is required to convene an extraordinary meeting. It may formally appoint the first vice president to manage ongoing affairs or reorganize itself and elect a new president from among its existing elected members.
2. Automatic removal from office due to criminal prosecution and pretrial detention (Law 2725/1999)
Article 3 of the Sports Law imposes particularly strict requirements and takes precedence over any conflicting provision in the federation’s statutes.
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Automatic loss of office: If an irrevocable judicial order referring the president or any board member to trial for a felony is issued — such as active or passive bribery to manipulate the outcome of a game or illegal betting — or if the individual is placed in pretrial detention, they are automatically and immediately removed from office.
The declaratory act
The federation’s board of directors is required to issue a declaratory act confirming the removal from office within 15 days of becoming aware of the disqualifying circumstance, namely pretrial detention or referral to trial.
If the board fails to act within the deadline, the declaratory act is issued directly by the secretary general for sport.
Moreover, if board members refuse to issue the act, they themselves may be removed from office for failing to fulfill their obligations.
3. How a vacant board seat is filled
If the president’s removal from office becomes final, along with that of any other board members involved in the case who have been arrested:
Appointment of an alternate: The vacant seat on the board of directors is filled by the first unelected candidate in the order of preference votes received in the federation’s most recent elections.
Election of a new president: Once the vacant board seat has been filled, the board convenes in its new composition and elects a new president from among its members. The new president serves out the remainder of the previous president’s term.
The key is the statement to the investigating magistrate
The statement given to the investigating magistrate is the critical point for determining whether the above procedures are triggered.
If Liolios is released pending trial subject to restrictive conditions, rather than being placed in pretrial detention, he may formally retain his position until an irrevocable judicial order referring him to trial is issued.
If he is placed in pretrial detention, however, his removal from office is immediate and automatic under Article 3 of Law 2725/1999.