January 2 – FIFA has adapted its transfer regulations on an interim basis after the recent Lassana Diarra case described by some legal experts as Bosman Mark 2 – but accepts it could be open to immediate challenge.
In October, the European Court of Justice ruled some of FIFA’s regulations on player transfers went against European Union laws and free movement principles.
The ruling followed 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.
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.
FIFA requested talks with all key stakeholders before making their interim amendments, which took effect on January 1 in time for the January transfer window.
The changes relate to article 17 of FIFA’s regulations governing the status and transfer of players.
“The framework… addresses the rules about compensation for breach of contract, joint and several liability, inducement for breach of contract, International Transfer Certificates and proceedings before the Football Tribunal,” FIFA said adding they “strike a balanced compromise.”
FIFA legal director Emilio Garcia Silvero, posting on X, said the next goal was to have “a permanent framework that fully aligns with the ECJ’s views & has the support of all parties before July 2025.”
But players union Fifpro denounced the FIFA amendments saying: “We do not agree with the temporary measures announced by FIFA which have been introduced without a proper collective bargaining process.”
“The measures do not provide legal certainty to professional footballers and do not reflect the judgement by the European Court of Justice.”
Contact the writer of this story at moc.l1736034386labto1736034386ofdlr1736034386owedi1736034386sni@w1736034386ahsra1736034386w.wer1736034386dna1736034386