Lampard To Do A "Webster"

[hawaii]

Article in the Guardian today saying that Super Goals Super Frank might hand in his notice and head off to Italy.

 

http://www.guardian.co.uk/football/2008/jul/10/1

 

Go on Frank - do it.

[chimpto]

Aye, and we'll see how Chelsea react...

 

Should be interesting.

 

**** Webster and Lampard!

[CJGJ]

In 2000, the European Commission announced that it was taking action against the football authorities because the current international transfer system breaches the right to freedom of movement between E.U. states under the Treaty of Amsterdam, even for players who are still under contract. They argued that footballers who wished to unilaterally break their contract of employment should be able to leave with a term of notice, as employees in other sectors can do, with only a relatively small amount of compensation being paid in return.

 

This action led to a compromise being reached between the football authorities and the Commission which was ratified by FIFA's executive in summer 2001. The new transfer regulations apply to every player who signed a contract after 1st September 2001 and is involved in an international transfer and state that unless all parties agree to the payment of a fee, no transfer fee is payable. The regulations are as follows (and are reproduced in more detail on http://www.FIFA.com):

1: Training Compensation for Players under 23 to replace transfer fees

2: Protection of contracts for the first 2-3 years by - a sporting sanction of a four month suspension for a player who unilaterally breaches their contract within this period - compensation reflecting the wages and period left on the contract of the player in accordance with national law

3: Movement for players only in 2 transfer "windows" a season

4: The creation of an independent and objective disciplinary and arbitration system to deal with contractual disputes and compensation.

 

THE WEBSTER CASE

 

The new transfer regulations, however have been slow in being applied to football and it was only in 2008 that the Court of Arbitration for Sport finally ruled that the new regulations effectively abolished transfer fees for players who were out of their 'protected period' in the case of Heart of Midlothian v Webster and Wigan Athletic, (2008, CAS Decisions: 2007/A/1298-1300). Andy Webster had been a plauyer at Hearts who effectively handed in his notice to Hearts FC and signed for Wigan Athletic. He had served 3 years of a 4 year contract. The SFA?s attempt to prevent the release of his International Transfer Certificate was blocked by FIFA?s player status committee who ruled the player?s actions followed the new rules (because his protected period had expired). Hearts tried to claim a ?5m transfer fee for the player. In January 2008 CAS ruled that Hearts could not demand a transfer fee and the actual amount of compensation was ?150,000 ? which was the residual amount of the contract remaining when Webster resigned. The case effectively finally implements the 2001 regulations in the way they were intended. Now any player who is 2 or 3 years into their contract can resign and move to a club of their choice without it having a pay a transfer fee.

 

QUOTA SYSTEMS AND THE HOMEGROWN PLAYER RULES

 

The current legal situation is that any quotas limiting the number of foreigners (who are EU citizens) from club football are illegal. Direct discrimination on the grounds of nationality is expressly prohibited by EU law and the Commission and ECJ have made it clear that any attempt to bring in the type of quota system that existed before the Bosman case would be challenged. As a result, suggestions in 2008 by FIFA that a '6+5' rule could be implemented are misleading. The situation regarding UEFA's Homegrown Player rule is less clear. The rule is discriminatory under EU law but unlike the Quota System it is indirect, rather than direct discrimination. Therefore it is possible that the system could be justified under EU law if it achieves its objectives of increasing the quality of the academy systems.

 

THE FUTURE FOR EU LAW AND FOOTBALL

 

EU law is of huge importance for the football industry throughout the world. Although the EU accepts the 'specificity of sport', it grants no exemption from EU law for the industry. Where purely sporting rules are integral for the sport and are considered proportionate (e.g. eligibility rules for International football) these can be justified, but where rules are either not integral for sport or have a disproportionate impact on EU rights they can be challenged by the Commission or in the European Court of Justice.

 

This factsheet has focussed on the impact of Article 39, but of greater significance to football are the rules of Competition Law. EU Competition Law prohibits anti-competitive agreements (Article 81) and prohibits abuse of a dominant market position (Article 82). Since all football's governing bodies are effectively monopolies, this means that they must act reasonably and not abuse their position, otherwise they will be in breach of EU law. In recent years, FIFA and UEFA have been successfully challenged over ticketing policies (France98 and MM2006 Germany) and TV rights for the Champions League and Premiership have been broken down. Article 82 would also mean that any attempt by FIFA, UEFA or a domestic Association to prevent, for example, a breakaway league, would also be seen as unlawful.

 

FURTHER READING

[Tynie b]

Tin Hat on...I Hope Judas Webster Breaks his Leg in the first 5 mins of the Season and is Feked for a Long,Long Time!!

 

Even reading about the Ugly Hun ^^^^ makes my skin crawl!!

[Fraggle]

Aye, and we'll see how Chelsea react...

 

Should be interesting.

 

**** Webster and Lampard!

 

Shouldn't matter how they react really, the Court of Arbitration for Sport have already set a precedent with both Webster and Hearts. The worst he could get is banned for a few games and possibly a fine, but that is just my opinion.

 

Interesting to see how this plays out now some of the big boys are getting hit with it!!! Heard a rumour a wee while ago that all the big clubs (ie, what was the G14) have agreed not to get players from other big clubs using the "Webster Rule", but would still do it to smaller clubs.

 

FIFA and UEFA have made their bed, let them lie in it!!