FIFA Regulations and Player Mobility

This assignment delves into the legal framework governing international football player mobility. It examines FIFA's regulations, specifically Article 17, which outlines rules for transfers between clubs and states. The impact of European Union law, particularly Article 45 on freedom of movement, is also analyzed. The assignment discusses the role of institutions like the Court of Arbitration for Sport (CAS) and the Court of Justice of the European Union (CJEU) in interpreting and enforcing these regulations.

ARTICLE 17 OF FIFA
COMPATIBLE WITH
ARTICLE 45 OF
EUROPEAN UNION

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
Article 17 of FIFA regulations on status and transfer of players...........................................1
Court if Arbitration For Sports...............................................................................................2
Article 45 treaties on the functioning of the EU.....................................................................3
Transfer rules..........................................................................................................................4
CJEU.......................................................................................................................................5
CONCLUSION................................................................................................................................5
BIBLIOGRAPHY............................................................................................................................6

INTRODUCTION
There has been variations in the laws and regulations imposed over sports. Thus, it will
be difficult for the court to execute all the group of sports in context with making the favourable
sports' environment. Hence, it will be difficult for the authorisation to make the better judgement
relevant all sports events. Thus, the Court Of Arbitration For Sport was introduced as to resolve
the obstacle and issues related to sports with the help of arbitration. In the present amassment,
the discussion can be related to the sports related problems as well as its solutions through
various articles such as Article 17 of FIFA1 regulations, Article 45 of European union.
Article 17 of FIFA regulations on status and transfer of players
In order to analyse the requirement of this law which is implicated for the legally transfer
of terminate a player from sport contracts on the basis of any misconduct or breach or any law as
well as norms listed in the employment agreement. Thus, these article helps to govern the
transfer of a player to one club to another, which in turn focuses over the contractual stability
between sports person and sports association. Hence, it can be said that, such article is consist of
all the rights of footballer as well as facilitate the free movement in context with handling all the
legal Norms, rules and regulations. Thus, the rights of a sportsperson will be protect under
Article 45 of EU.
However, the article 17 is consisted of terms that, if the player and the sports club
unilaterally dismisses the playing contract before the expiry of the contract the compensation
must be payable by the individual who is breaching the agreement. If such an breach is done by
the players than they will be punished in accordance with the breach of such agreements as well
as they will be force to pay the compensation in covering all the losses due to breach of contract.
Thus, such article is tends to undermined the compensation system that the breaching will be
mutually accepted by both parties. Hence, the mount which is to be paid were calculated as per
Webster- residual value. Thus, in accordance with the case of Union Royale Belge Des Society
de Football Association ASBL v. Jean Marc Bosman2 Here, the player was playing in the
Belgium team and wanted thus wanted to change his club. He decided to went to French club but
he was rejected there as well as his existing contract was also expired. Bosman than make a deal
1 Federation Internationale de Football Association
2 [1996] 1 CMLR 645
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with French club Dunkirk that he will play on behalf of their club but the transfer of the player
did not take place as Belgium club don't want to pay the transfer fee. Hence, the player has to be
the reason of breach of contract and that was deputed over fee of transfer which was the main
issue there. Hence, apart from this obstacle the player was later terminated by his old team
without any notice to have the better jurisdictional judgement over such case Bosman headed
towards Court. However, in this case the doubts remained related with the legality of transfer of
player in the contract period as well as the payments of compensation.
However, here European Commission was concerns with protecting the player's rights
with respect to facilitate freedom to make the full movement from one place to another as well as
from making payments for compensation. Hence, in context with implicating the Article 17
which helps in the legal governance of unilateral termination of the players as well as protect
them in breaching the contract which will be based on the adequate cause. Thus, the EU has
facilitated the players with the fruitful laws and implication of such rule and regulation as to give
the players proper judgement as well as protecting them to make the payment for compensation
to the previous club on which they are breaching. Thus, the player has the higher market value as
compare to the clubs which are sponsoring them because of the fan following of such footballer
and the reputation he has earned through making efforts in playing the matches.
Court if Arbitration For Sports
The Arbitration of various cases relevant to dispute settlement in contracts between sports
person and the academy in which he is entitled. Thus, it deals with legal governance in sports as
well as provide necessary laws like World Anti- Doping Code which include OIF3 as well as
NOC4. Thus, such rules helps in recognising the jurisdiction of CAS5 in case of Anti- doping rule
violations. In accordance with case of Contractual Stability vs. Free Movement of workers which
describes that the Contractual stability of the football players and freedom of their free
movement as a worker from one team to another. Thus, the shifting of the players is an
individual choice but such switching must be done by them before giving notice to their previous
club as well as facilitating the reason of their beaching the contract. However, the international
mobility of such workers as well as they will be able to move from one team to another as well
3 Olympic International Federations
4 National Olympic Committees
5 Court of Arbitration for Sports
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as can be able to make the favourable judgement in any breach of contract. Thus, these acts helps
the player to give them the adequate freedom on which they can easily switch from one place to
another as well as one country to another.
Article 45 treaties on the functioning of the EU.
Under these Article the employees (spotrs person) will be awarded as to have the freedom
of free movement from one place to another or they can legally be able to switch the places.
Thus, such mobility of the worker and the duties perform by him which will be concerned with
the abolition on explanation related with nationality in between contractor and the sports' person.
Thus, it can be said the player will be able to move from one place to another place without
imposing any barrier over them. Hence, in the case of Bosman the contract was breached by him
and he was punished as well as not being paid the transfer fee by the previous club. Thus, the
case than held on prima facie with UEFA on the grounds of nationality. Hence, the issue of
transfer fee was the main obstacle which stops him from moving one club to another club. Thus,
the state protects him as well as facilitate him free movement.
Sports areas are totally different from the other work such as the person is liable to make
the physical efforts to win the sports' competition. Thus, these kinds of competition are totally
different as here the player need to disclose the personal ability informations as well as health
related problems which are need to be registered. Apart from all of these the football belongs to
the special case as the players have freedom to player from whichever states they want to play
unless any legal reason which stops them such as legitimacy. Thus, the free movement provision
of EU law can be explained as it constitutes the economic activity. Hence, the workers who are
entitled into any contract will be dealt as the worker to that firm or sports association.
It will be because the club is paying them on behalf of their efforts in matches as well as
they are using the sponsorship of such organisation. Hence, the contract must include with the
detailed information about the player, physical ability or disability such as any diseases etc. Are
to be mentioned by the sports' person before signing any agreement. Thus, such documents must
contains information relevant to the duration of time of contract is liable on them. Hence, the
contract will be signed by the player if it meets the following requirements of such article:
 Before accepting the offer the contract must meet the legality of the employment contract
by both the parties.
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 It must consists of all the legal terms and norms which will help the player to move from
one territory to another.
 If the player moves in between the contract period that he will be liable to make
payments of the compensation to such club from which he was playing.
 If the player don't wants to change the member state for the purpose of employment, thus
there will be implication of the laws and regulations which will be imposed by the state
government.
 After signing the contract with other state's club the player stays in the member club's
state than the regulations over him will be in accordance with the conditions and the
commission draw by the governance from such state.
 The implication of the provision will not be apply to employment in the public services.
Transfer rules
Thus, there can be implication of various rules and responsibilities which are facilitates as to stop
the transfer obstacles such as:
 The objective of the transfer rulings is that it assess the compensation to be paid by the
breaching person to the club in context with making having the unilaterally terminations.
 The player must be participating a football organisation and are must be professional
players.
 The expenses which are to be paid by a footballer through his matches and the footballing
activities.
 They do not switch the club before notify the club in which they are member as well as
do not join any other club before expiry of the previous contract.
 The contract must include the period of duration on which the player is entitled to play
with such club or group.
 Details must consists with the numbers of players who are playing in the team.
 There will be strict actions taken in against with the player who is found in doping
consumption as well as they will be banned for playing in any club.
 The contract must be legal or in the written document as well as easily understandable by
the parties who are signing it.
 It will be oral or in written format but must contains the record of such agreements.
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CJEU6
The court of justice of EU has facilitates the various rulings which in turn helps the
countries in better understanding the norms and regulations from such system which are as
follows:
 Interpretation of laws in the national courts which in turn helps the better practice as well
as implication of such acts.
 Enforcement of the laws which will help the better governance in the country which
related with the laws to protect the sports issues.
 Implication of legal laws
 Necessary actions against any unlawful act.
 Proper sectioning or the records of damage.
CONCLUSION
In accordance with FIFA and various regulations are followed in it can be explaining the
favourable governance of they players while they were transfer from one place to another as well
make a switch between clubs. Hence, the article 17 of FIFA regulation which helps the sports'
person in making proper governance of sports. Thus, the international mobility entitles that, the
football players are free to move from one state to another as well as clubs but in the manners
that would not affect the club to gain losses over breaching the contract. On the other hand the
EU has facilitated the better governance of the work as well as protecting the players as well as
awarding freedom to move as per Article 45.
6 Court of Justice of European union
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BIBLIOGRAPHY
https://europa.eu/european-union/about-eu/institutions-bodies/court-justice_en
https://link.springer.com/article/10.1007/s40318-016-0091-2
http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1026&context=bjesl
http://www.fifa.com/about-fifa/news/y=2009/m=5/news=matuzalem-case-cas-decision-fully-
backs-fifa-regulations-1060323.html
http://www.ijrcenter.org/regional-communities/court-of-justice-of-the-european-union/
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