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FIFA REGULATIONS FOR THE STATUS AND TRANSFER OF PLAYERS. IS IT ALL ABOUT « SPECIFICITY »? Michele Colucci info@colucci.eu - www.colucci.eu Tilburg 2009 . Members of the « sports family ». FIFA UEFA EPFL ECA FIFPRO EUROPEAN COMMISSION?

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FIFA REGULATIONS FOR THE STATUS AND TRANSFER OF PLAYERS

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FIFA REGULATIONS FOR THE STATUS AND TRANSFER OF PLAYERS

IS IT ALL ABOUT « SPECIFICITY »?

Michele Colucci

info@colucci.eu - www.colucci.eu

Tilburg 2009


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Members of the « sports family »

  • FIFA

  • UEFA

  • EPFL

  • ECA

  • FIFPRO

  • EUROPEAN COMMISSION?

    ….“But Brutus is an honorable man, So are they all, all honorable men”.

    • William Shakespeare (1564-1616),

      Julius Caesar, Act 3. Scene 2. The Forum in Rome.


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GENESIS

  • The Gentlemen’s agreement (2001)

    • The five principles:

      • free of movement,

      • protection of minors,

      • training compensation,

      • solidarity mechanism,

      • dispute resolution and arbitration system.

  • 2001 FIFA Regulations

  • 2004 FIFA Regulations

    • (adopted on 18 December 2004, entered into force on 1 July 2005)


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SCOPE

To establish

  • global and binding rules concerning the status of players

  • their eligibility to participate in Organised Football, and

  • their transfer between clubs belonging to different Associations the release of players for Association teams and players’ eligibility to play for such teams (art. 1)


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STATUS OF PLAYERS

  • A “professional” is a player who has a written contract with a club and is paid more than the expenses he effectively incurs in return for his footballing activity

  • All other players are considered as “amateurs”.


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REGISTRATION OF PLAYERS

  • A player must be registered with an Association to play for a club

  • A player may only be registered for one club at a time

  • Players may be registered for a maximum of three clubs during the period from 1 July until 30 June of the following year


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Registration Periods

  • Players may only be registered during one of the two annual Registration Periods fixed by the relevant association.

    •Exception:

    • a professional whose contract has expired prior to the end of a Registration Period may be registered outside that Registration Period,

    • respect of the “sport integrity”, player passport.


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International Transfer Certificate

  • Players registered with one association may only be registered with a new association once the latter has received an International Transfer Certificate

    • Issued free of charge without any conditions or time limitation


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Players

  • Loan of players= transfer!

  • Unregistered Players

    Disciplinary sanctions


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CONTRACTUAL STABILITY

  • Respect of contract

  • Terminating a contract for

    • Just Cause

    • Sporting Just Cause


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Sanctions

• Compensation

•Sporting sanctions

– Players: suspension of 4 months, but also 6 months in the case of aggravating circumstances

– Clubs: ban to register new players for two registration periods.

See MEXES and WEBSTER Cases before DRC and CAS


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Contract

  • Maximum of 5 years

  • For under 18:maximum of 3 years

  • Mention to the name of the agent

  • It is not subject to a positive medical examination and/or the granting of a work permit


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Protection of Minors

  • General rule: International transfers of players are only permitted if the player is over the age of 18.

  • The player’s parents move to the country in which the New Club is located for reasons not linked to football

  • The transfer takes place within the territory of the EU or EEA and the player is aged between 16 and 18.

    • But some obligations must be fulfilled

  • The player lives no further than 50km from a national border.


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Training Compensation

  • must be paid when:

    • a player signs his first contract as a professional,

    • on each transfer of a professional until the end of the season of his 23rd birthday.


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Solidarity Mechanism

  • If a professional is transferred before the expiry of his contract, any club that has contributed to his education and training shall receive a proportion of the compensation paid to his previous club


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Jurisdiction

  • Civil court for employment-related disputes

  • But FIFA for

    • Disputes between clubs and players in relation to the maintenance of contractual stability if there has been an ITC Request

    • Disputes related to Training Compensation (Art. 20) and Solidarity Mechanism

    • Employment-related disputes between a club and a player that have an “international dimension” (See MEXES case).

      • unless an independent national arbitration tribunal (fair proceedings and equal representation of players and clubs)


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Judicial Bodies

  • Players’ Status Committee

  • Dispute Resolution Chamber (now also a single judge)

  • CAS


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NATIONAL TEAMS

  • OBLIGATIONS FOR THE CLUBS:

    • Release of the players for free

    • Insurance against accidents (Annex 1, article 2)

  • G-14 and Charleroi v. FIFA: abuse of dominant position


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CONCLUSION

ALL ROADS LEAD TO ROME ... BUT FIRST GO THROUGH BRUSSELS.


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