FIFA’s Post

Straight out the FIFA playbook… Following defeat in the European Court of Justice (ECJ) in the Lassana Diarra case, football’s global governing body has announced a “global dialogue” on the transfer system, and in particular on Article 17 of its Regulations on the Status and Transfer of Players (RSTP). In what could be the most significant change to the transfer system since the Bosman Ruling, FIFA will be initiating an “extensive consultation process with a view to gathering views from key stakeholders.” Except that it won’t… …in a repeat of their selective “consultation” when seeking to reform the agent system, and judging by their conspicuous absence in the FIFA press release, FIFA appears to have once again overlooked agents as a source of practical insight and expertise, not to mention an industry which is integral to the transfer system. Groundhog Day. FIFA’s lack of genuine engagement with the agent industry makes little sense. It’s undeniable they play an essential role in the representation of players and clubs, negotiating contracts and transfers, as well as representing players in disputes related to contract termination and compensation. Their influence on player mobility and the transfer market should make them central to any reform discussions. And yet… Finding themselves obliged to reform their own rules after the ECJ found that those regulating the transfer of players between clubs infringe EU antitrust law, logic dictates that engaging in a comprehensive and meaningful dialogue with all parties who are affected by, and with influence on the transfer system, would include consequential dialogue with agents. Conversely, ignoring agents as a key body within that ecosystem would prove counterproductive, and certainly not in the best interests of the game FIFA exists to serve. Here’s hoping my cynicism is misplaced, and that all those for whom football is their profession as well as their passion, have their voices heard at this important fork in the road for the game. https://lnkd.in/exjvVfB2

⚠ In the 90s we had Bosman, now we have Diarra case. ✅ The Court of Justice of the European Union (CJEU) recently ruled on the Case C-650/22 which brings to light significant questions regarding FIFA'S regulations on international football transfers. 🔜 FIFA will initiate a global dialogue with key steakholders on how to address the articles of the RSTP that require bringing up to date with European Law, specially the 17 article focused on "the consequences of terminating a contract without just cause") 🆕 The rullling leads to significant changes in how transfer and contract terminations are managed across Europe and worldwide, providing an opportunity to consider how player mobility and club stability can be supported effectively. ❓ What do you think about the implications of this ruling?

🚨 FIFA’s Response to the Lassana Diarra Case: A New Chapter for Football Regulations ⚽ The recent European Court of Justice (ECJ) ruling on the Lassana Diarra case has raised important questions for FIFA and the footballing world. Here are the key takeaways: 🔍 Core Issues from the ECJ Decision: Can a new club be held liable for compensation when a player leaves their previous club without just cause? How should compensation be calculated? Should clubs be able to block the issuance of an International Transfer Certificate after a contract breach? 📜 Impact on FIFA Regulations: FIFA will revise aspects of its Regulations on the Status and Transfer of Players (RSTP) to comply with the latest interpretation of European law. This ruling is viewed as an opportunity to modernize football’s regulatory framework, updating rules developed over 20 years ago. ⚽ Transfer System and Contracts Remain Intact: Key transfer rules—like registration periods, training compensation, and protection for minors and female players—remain unaffected. FIFA continues to ensure contractual stability, requiring that contracts be respected by all parties. 🚀 What’s Next for FIFA: A global dialogue with stakeholders will take place to revise Article 17 of the RSTP. Topics of discussion include: Compensation for contract breaches Sanctions for non-compliance Handling International Transfer Certificates FIFA is committed to updating its regulations while ensuring compliance with European law and maintaining a fair, robust framework for international football. In conclusion, while the Diarra case introduces some changes, it reaffirms the importance of respecting contracts, with financial consequences for breaches. ⚖️ Modernizing football together! #FIFATransferRegulations #FIFA #LassanaDiarra #SportsLaw

An interesting development in the football governance world released by the ECJ (European Court of Justice) earlier today, that will have an impact not just on FIFA, players and clubs; but also agents (around the world). Plus it is worth considering how such opinions, that some FIFA regulations are possibly contrary to EU law (e.g. on competition) and of a restrictive nature; and what impact it will have in terms of the 'challenges' to the FFAR (FIFA Football Agent Regulations) that are currently progressing along the 'conveyor belt' of football hearings due before the ECJ." https://lnkd.in/et9bvtwp

FIFA, DIARRA CASE AND ART. 17 RSTP “FIFA to open global dialogue on article 17 of the RSTP. - Key focus on possible amendments to article 17 of the Regulations on the Status and Transfer of Players - Dialogue to include key stakeholders from the football ecosystem - FIFA Chief Legal & Compliance Officer Emilio García Silvero explains FIFA’s position on Diarra case” #sportslaw #FIFA #RSTP #Diarra #DiarraCase

⚽️ FIFA’s position on the Lassana Diarra case 🆕 Earlier today, FIFA released a brief document in which Chief Legal & Compliance Officer, Emilio Garcia Silvero, gave some comments on FIFA’s position following the landmark Court of Justice of the European Union ruling in the case of Lassana Diarra (C-650/22). 🔜 The comments state that FIFA will now initiate a global dialogue with key stakeholders on how to address the articles of the RSTP that require bringing up to date with European Law. It should be noted that the original RSTP of 2001 was agreed with the European Commission after a three-year stakeholder process. 🔐 Despite media claims, the decision leaves most of the football transfer system untouched and business will continue as normal. If anything, FIFA insists that the CJEU confirmed many principles of the RSTP such as sanctity of contract and the need for a well-functioning transfer system. 👇 Check out the interview below. #SportiaLaw #WeComeIntoPlay #FIFA #FootballTransfers #SportsLaw #GlobalTransfers #RSTP #CJEU #Diarra #LassanaDiarra #InternationalTransfers #Article17 #Stakeholders #Regulatory

FIFA has announced the temporary suspension of all pending cases before the FIFA Disciplinary Committee. This decision stems from the ongoing consultations regarding potential amendments to the FIFA Regulations on the Status and Transfer of Players (RSTP) and the implications of the recent CJEU judgment in the "Diarra" case. Key disciplinary measures impacted include: 1️⃣ Financial entitlements for players under Article 17 RSTP. 2️⃣ Financial entitlements for coaches under Annex 6, Article 2 RSTP. 3️⃣ Joint and several liability of clubs under Article 17, Paragraph 2 RSTP. This suspension highlights FIFA's commitment to ensuring fair and transparent processes while re-evaluating regulatory frameworks. 📌 The FIFA General Secretariat has been tasked with implementing these changes. What are your thoughts on this decision and its potential impact on players, coaches, and clubs? Let’s discuss below! #FIFA #SportsLaw #RSTP #FootballRegulations #DiarraCase

FIFA did NOT suspend all cases before FIFA Disciplinary Committee, it rather limited its suspension to these three categories of cases which are clearly stipulated in the decision. In particular, FIFA suspended disciplinary proceedings currently ongoing against players and coaches on the basis of Article 17 RSTP (in cases of unilateral terminations without just cause) as well as against clubs ONLY in cases of joint and several liability (where the dispute is primarily between a club and a player who terminated his contract with his former club without just cause, and ultimately his new club got involved). Accordingly, disciplinary proceedings against parties as a result of their failure to comply with FIFA decisions based on Article 12 RSTP are not suspended.

An important step forward to further develop and maintain a robust regulatory framework for worldwide football - big thanks to all our stakeholders that are actively participating in this global consultation process. ⚽️⚽️⚽️ https://lnkd.in/dU6YCgXT

❓Are you aware of the new regulatory framework for NDRCs that will come into force on 1 January 2025❓ 🗓️ On 17 December 2023, the FIFA Council approved the new NDRC principles and standard regulations as part of the FIFA 2.0 strategic objectives. FIFA shared some key changes in Circular no.1876 dated 18 January 2024. ⚖️ This was the first change announced to NDRCs in almost 2 decades since FIFA circular no.1010 of 20 December 2005 defined the minimal procedural requirements, and 2007 when FIFA enacted the NDRC Standard Regulations to serve as guidelines for member associations when establishing a national dispute resolution system. 🆕 The recognition procedure principles have been in force since 1 February 2024. NDRCs can now be permanently recognised if they meet the new criteria. 🔎 The NDRC Recognition Principles and its Annexe,the revised edition of the RSTP, as well as the Explanatory Notes on the New Regulatory Framework for NDRCs are available on legal.fifa.com. #SportiaLaw #WeComeIntoPlay #SportsLaw #FIFA #FootballLaw #RSTP #NDRC #FootballTribunal #DisputeResolution #ADR #Circular #Governance #FIFACouncil