Gaps in new FIFA rules on transfer system
image: Pascal Swier on Unsplash
FIFA's new rules were introduced after the Diarra case in which a footballer wanted to unilaterally terminate his contract while it was still running. Stefaan Van den Bogaert, Professor of European Law, says in Dutch RTL news that he believes the new rules are ‘too restrictive’.
The Court of Justice of the European Union had ruled that FIFA's system violated European law. Within the EU there is free movement of workers, something that is not yet applied when it comes to the transfer system in football. The new rules mean that new clubs will no longer automatically be held liable when hiring a player whose contract was unilaterally terminated at the old club. The new club, however, must be able to prove that it did not induce the player to breach his contract. Nevertheless, it appears in practice that the financial consequences remain unclear and high damages are still an issue.
Van den Bogaert says that ‘FIFA was given a clear rap on the knuckles’. The professor does not rule out that ‘players will be vindicated later’ and believes that these temporary measures - due to the January transfer window - only ‘buy time and are not foolproof’. FIFA must go back to the drawing board and come up with a new system that is ‘legally sound and fair for all’. This plan should be ready before the summer.