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| Jose Mourinho has complained of getting 'no respect' in the UK since returning to Chelsea |
The outspoken Chelsea boss is appealing against a £50,000 fine and a potential stadium ban imposed by the FA for criticising referees.
But Sunday Express Sport has learned that if Mourinho refuses to play ball - and pay anything - the game's governing body could face major legal complications if it tried to force him to cough up.
And that could open up a whole new can of worms - just like Jean-Marc Bosman did when he successfully challenged football's transfer rules 20 years ago.
The crux of the matter is that although the FA have the rules and the powers to make clubs toe the line, it is more difficult for them to enforce the rules against individuals like Mourinho.
So, if he lost the appeal and the FA sought to recover the fine in the courts, they could find themselves on the losing side and expose a loophole affecting the administration of football from the top to the bottom of the game.
As it stands FA rules say that if a charge is proven its Regulatory Commission has the power to impose several penalties, including a fine and "suspension from all specified football activity indefinitely."
And they warn: “Failure to pay within 14 days from the deadline ordered may result in the automatic suspension of the Participant until such time as payment has been received."
But top company law expert, David Roberts, of Olswang LLP, revealed that such a power is "potentially legally flawed."
If Mourinho and Chelsea refused to pay up and the FA pursued him in court their case would be "a house built on straw from a legal point of view."
He explained: "Whilst the FA has contractual nexus with Chelsea in this case (as it is bound by the FA articles of association and the FA rules) and whilst Jose is a “Participant” as the FA defines that term in the Rules, when push comes to shove there is no legal link between the FA and a private individual such as Mourinho.
"Jose Mourinho is not personally bound by the FA’s articles of association (as he is not a shareholder) or the Rules, as he is not a club," he said.?
"Whilst he is a “Club Official” and falls within the definition of a “Participant”, it is a different legal issue if the FA wanted to seek to enforce the rules against him personally as I would argue there is no legal relationship or connection between him and the FA."
Mr Roberts said the FA's Regulatory Committee has the power to order a “Participant” out of football indefinitely and where that person is a club official it is bound to submit to the rules.
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| Mourinho has experienced player trouble, publicly falling out with star Eden Hazard |
He warned: "Chelsea would risk being in breach of the FA’s rules if it did not enforce any order against Mourinho. The FA has a big stick to hit them with and they would risk the possibility of a fine/suspension from competition etc.
"But if Mr Mourinho and Chelsea refused to pay his fine after losing an appeal, then the FA would have to pursue him in the courts.
"I think Jose Mourinho would be more than able to defend those proceedings by arguing that he is a “stranger” to the FA in a legal sense and they have no legal relationship or right to impose a fine on someone other than a person who is legally bound by the Rules.
“The world of football likes to keep its disputes out of the legal system and this situation would force the FA into a very awkward place," he added.
An FA spokesperson said last night: "All participants within English football, including players and managers, are bound by The FA’s Rules and Regulations.
"These Rules and Regulations clearly state that an Independent Regulatory Commission has the power to impose a range of penalties on a participant, including a fine. The FA is a not for profit organisation with all monies going back into the game.”
Chelsea declined to comment.
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