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October 15 – FIFA has said that it will open dialogue with stakeholders an article 17 of its Regulations on the Status and Transfer of Players (RSTP) following the European Court of Justice (ECJ) ruling in the Lassana Diarra case that found of its transfer rules are contrary to EU law.
FIFA is to formally invite “comment on and propose ideas” on the article that covers ‘Consequences of terminating a contract without just cause’, with the aim of consolidating the proposals and “identifying the best way forward”.
The ECJ ruled on a long-running dispute between former French international midfielder Diarra and FIFA over what happens when players unilaterally terminate their contract, with judges finding that by restricting a footballer’s ability to seek further employment, current FIFA rules hinder the EU’s free movement and competition between clubs.
Described as potentially being a Bosman Mark 2 by some experts, the fear for clubs now is that the Diarra case will encourage more players to attempt to break their contracts and join another team without a transfer fee having to be negotiated, hence changing the face of the European transfer market – just as the Bosman case did in the mid-1990s.
The Bosman judgement allowed players to move to another club at the end of their contract without any monies being exchanged – but this potentially goes much further.
See ECJ ruling on Diarra case threatens stability of transfer market
Having said they will take time to review the ruling, FIFA has reacted swiftly to convene stakeholder opinion, something that it has been heavily criticised for not doing in other areas – like player workload issues and the introduction of new competitions that yesterday sparked the filing of another case against FIFA in Europe.
FIFA chief legal & compliance officer Emilio García Silvero (pictured) said: “FIFA looks forward to developing its regulatory framework further, obviously taking into account views…
Source link : https://www.insideworldfootball.com/2024/10/15/post-diarra-ruling-fifa-legal-chief-opens-floor-debate-emphasises-transfer-system-not-broken/
Author : Paul Nicholson
Publish date : 2024-10-15 05:25:22
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