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FIFA REGULATIONS FOR THE STATUS AND TRANSFER OF PLAYERS

FIFA REGULATIONS FOR THE STATUS AND TRANSFER OF PLAYERS. IS IT ALL ABOUT « SPECIFICITY »? Michele Colucci info@colucci.eu - www.colucci.eu Tilburg 2011. 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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  1. FIFA REGULATIONS FOR THE STATUS AND TRANSFER OF PLAYERS IS IT ALL ABOUT « SPECIFICITY »? Michele Colucci info@colucci.eu - www.colucci.eu Tilburg 2011

  2. 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.

  3. 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)

  4. 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)

  5. 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”.

  6. 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

  7. 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.

  8. 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

  9. Players • Loan of players= transfer! • Unregistered Players Disciplinary sanctions

  10. CONTRACTUAL STABILITY • Respect of contract • Terminating a contract for • Just Cause • Sporting Just Cause

  11. 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

  12. 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

  13. 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.

  14. 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.

  15. 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

  16. 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)

  17. Judicial Bodies • Players’ Status Committee • Dispute Resolution Chamber (now also a single judge) • CAS

  18. 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

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

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