Football's transfer system post-Bosman: freedom of player movement for players versus football's financial future?

Davies, Chris (2014) Football's transfer system post-Bosman: freedom of player movement for players versus football's financial future? European Competition Law Review, 35 (1). pp. 8-15.

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Abstract

[Extract] The summer of 2013, while providing good weather for most of Europe, was also highlighted by major transfers within football, culminating in Welsh winger Gareth Bale's record €100 million move from Tottenham Hotspur to Real Madrid. While transfers for contracted players are still allowed under the Regulations for the Status and Transfer of Players (the FIFA Status Regulations), a strong emphasis is also placed on the importance of contracts.2 Thus, these transfers may be seen as working against this emphasis and may also impact on football’s finances, a concern recently raised by the EC3 in relation to UEFA’s implementation of its Financial Fair Play Regulations.

This article will therefore examine the present application of the FIFA Status Regulations by looking at examples of transfers conducted during 2013 from the context of the potential benefits to both clubs and players. How these transfers fit in with the emphasis on contracts, and their potential impact on the finances of football, will also be examined. It will also look at the relevant Court of Arbitration (CAS) decisions to see how they assist in the interpretation of relevant articles of the FIFA Status Regulations. Finally, the paper will examine the question as to whether the present transfer system needs to be reformed. First, however, it will provide a brief overview of the Bosman ruling and the FIFA Status Regulations.

Item ID: 38309
Item Type: Article (Research - C1)
ISSN: 0144-3054
Keywords: transfer system, sports governance, financial fair play
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Date Deposited: 25 May 2015 05:16
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180104 Civil Law and Procedure @ 100%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified @ 100%
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