The End of Transfers as we know it?

Football faces a legal challenge that could result in the end of transfer fees and have as big an impact on the game as the landmark Bosman ruling.

World players' union Fifpro claims the existing transfer system contravenes law and infringes footballers' rights.

“
The transfer system fails 99% of players around the world, it fails football as an industry and it fails the world's most beloved game
”
Philippe Piat
Fifpro president

And it is preparing to challenge the system in the European courts.
"Footballers are workers, and only when they enjoy the rights enjoyed by all will Fifpro be satisfied," said the union's president, Philippe Piat.
The Frenchman added his organisation would not "stand by and watch from the sidelines as football players' rights around the world are systemically disrespected and the football industry dismantles itself".

If successful, the move could allow players to serve notice on their contracts as other workers can.
In theory, that would mean a player would be able to tell his club he wanted to leave and hand in his notice. Another club could then pay up the remainder of the player's contract and he would be able to join them without a transfer fee being paid.

Fifpro wants the European courts to review the entire football transfer system and says it has told both world governing body Fifa and its European counterpart Uefa of its intentions.

The union claims the regulations impede players' freedom of movement. It is also against third-party ownership and what it claims is the unfair distribution of wealth, with clubs able to make huge amounts of money from transfer fees and compensation payments when players move.
Fifpro argues only agents and the richest clubs benefit from the transfer system. It also claims thousands of players around the world are not paid on time and become vulnerable to criminals looking to fix matches.

Piat said a review of the transfer system was his "top priority" when elected Fifpro president in October.
"The transfer system fails 99% of players around the world, it fails football as an industry and it fails the world's most beloved game," he added.

Fifpro, which represents more than 65,000 footballers, said it would take its recommendations and complaints to the European Commission, the European Court of Justice and human rights courts if necessary.

"Despite football enjoying record amounts of revenue, football's regulatory and economic system fails miserably on numerous fronts and drives the professional game towards self-destruction," said Bobby Barnes, president of Fifpro's European division.

"Destruction through a systemic disrespect for those on the pitch. Destruction through a failure to achieve competitive balance and financial stability. Destruction through an absence of responsible governance, which invites criminals to abuse our game."

In 1995, the Bosman ruling - named after Jean-Marc Bosman, the Belgian player who brought the case before the European Court of Justice - had a major impact on football in the European Union (EU).

It banned restrictions on foreign players from the EU within national leagues and allowed players in the EU to move to another club at the end of a contract without a transfer fee being paid.

Surely, all they'd have to do was insert a huge notice period? I don't actually think this has any chance of winning anyway, too many people could be called upon to give witness in favour of the system running now

An agreed notice period is part of most contracts of employment - I'm not sure that they are necessarily included in all fixed term contracts (which is effectively what a player signs).

There are problems with the transfer system*, but getting rid of it in the way that is being suggested would be an even worse situation.

* Absurd fees at the top of the game, agents hawking players round in an attempt to make more money thmselves, 'tapping up' players, the Bosman rule re players being out of contract free agents so making it in their interest to sign shorter contracts allowing more frequent re-negotiation (upwards) of their salaries.

Dolphin Ziggler wrote:Surely, all they'd have to do was insert a huge notice period? I don't actually think this has any chance of winning anyway, too many people could be called upon to give witness in favour of the system running now

They said Bosman had no chance of winning, too.

The European Courts work on a tribunal basis, with three judges who hear and make an adjudication based on the evidence. They are not like a jury which can be swayed by impassioned appeal and courtroom theatrics.

I think there is more than a 50/50 chance of this getting through, although I would agree that the richest clubs would do all they could to oppose a judgement that could conceivably put an end to their hegemony of football.

The first thing the judges would consider is the actual law itself. If that is being clearly infringed then it is case closed. Another thing that would be relevant would be any precedent that had been previously adjudicated on. Perhaps Bosman may be relevant. Again, that would mitigate against the status quo. Lastly, if there is a lot of "grey area".... ie: if the law isn't clear and there is no precedent, and the issues are complex and conflicting, then they would have to make a considered verdict taking both sides of the argument into account. That's when the action could possibly fail, although in my opinion, it would be more likely to produce a compromise outcome.

In any event, I reckon that this case could have some mileage in it. Again, I agree it will be challenged and it is by no means a done deal, but I wouldn't write it off. A resolution may be several years down the line, but it would be a mistake to think that big money could just steamroller this out of court.

The little man sometimes has his day. Just ask Jan Marc Bosman.

The Fourth Lion wrote:I think there is more than a 50/50 chance of this getting through, although I would agree that the richest clubs would do all they could to oppose a judgement that could conceivably put an end to their hegemony of football.

I'm not sure that big clubs would be opposed to this. Surely it allows them to poach players are short notice and without shelling out a fee to strengthen potential rivals.

I would imagine this idea would see increased tapping up of players, with wages becoming the be-all-and-end-all, and those clubs bankrolled by a billionaire snaffling up players.[/quote]