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 Badger

Will the Bosman rule still apply in the future (for domestic players)?

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Posted (edited)

Bosman rule was passed by the ECJ in 1995. When we finally leave and renounce ECJ jurisdiction, will this still apply. Could we go back to the old system that you bought a player's registration outright and could keep him as long as you paid him?

i know it would probably take a big court case but...

Edited by Badger
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Interesting point i had not considered that, no doubt the football lawyers will be rubbing their hands on the topic. I suppose we cannot have our cake and eat it eg get someone on a Bosman form Europe but then say that a British player is not entitled to a Bosman, or would it result in a surge of dual nationality applications among players

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Although Bosnian was an ECJ ruling, it has since been adapted and moved beyond the EU. This is why clubs can also sign players from non-EU teams on a free transfer.

There will be no change in the ability of players to move for free upon the expiry of their contracts. 

 

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2 hours ago, Wacky Waving Inflatable Arm Flailing Tube Man said:

I dread to think what UEFA and FIFA would make of it. Surely they have some sort of rule in place to prevent that? I can't think of any country who uses such a system. 

This may be a question for @Bethnal Yellow and Green

Malta did until a couple of months ago

What happened to Bosman was a disgrace. It was like a throwback to the 1800's 

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3 hours ago, Bethnal Yellow and Green said:

Although Bosnian was an ECJ ruling, it has since been adapted and moved beyond the EU. This is why clubs can also sign players from non-EU teams on a free transfer.

There will be no change in the ability of players to move for free upon the expiry of their contracts. 

 

I trust your knowledge and judgement BYG, but it is established in law? Prior to the Bosman ruling the old scheme of player registrations was accepted by all clubs, until the law became involved.

What if an angry billionaire didn't want a player to leave and took a case to the GB courts.. yes, highly speculative I know, but who would have predicted Bosman 30 years ago? Especially in the light of (attempted) wage caps etc?

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8 hours ago, Badger said:

I trust your knowledge and judgement BYG, but it is established in law? Prior to the Bosman ruling the old scheme of player registrations was accepted by all clubs, until the law became involved.

What if an angry billionaire didn't want a player to leave and took a case to the GB courts.. yes, highly speculative I know, but who would have predicted Bosman 30 years ago? Especially in the light of (attempted) wage caps etc?

The Bosman case forced UEFA to change its rules to the ones we have today. 

The FA will remain part of UEFA post-Brexit so will maintain UEFA rules on player contracts etc. I’m guessing FIFA also have the same rules regarding free agents - as I can’t think of a league that doesn’t operate that system - so I can’t see how the UK could suddenly go back to such an unfair system.

Even if it did try, UK employment law would probably mean its already illegal. 

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2 hours ago, Bethnal Yellow and Green said:

The Bosman case forced UEFA to change its rules to the ones we have today. 

The FA will remain part of UEFA post-Brexit so will maintain UEFA rules on player contracts etc. I’m guessing FIFA also have the same rules regarding free agents - as I can’t think of a league that doesn’t operate that system - so I can’t see how the UK could suddenly go back to such an unfair system.

Even if it did try, UK employment law would probably mean its already illegal. 

I suspect that you are correct BYG. 

However, one of the main attractions to the right of leaving the EU was that they could weaken employment legislation and worker protection, so what is currently the law can be changed. I'm unsure (genuinely) about UEFA/ FIFA's jurisdiction over domestic transfers and contract issues.

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29 minutes ago, How I Wrote Elastic Man said:

Personally, I find it entirely possible to believe that the right would like to take out employment legislation back to these levels as indicated above.

I'm not a lawyer, but it would seem to imply to my limited legal knowledge that there might not be a common law defence and that statute legislation would make it possible.

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9 hours ago, Badger said:

Personally, I find it entirely possible to believe that the right would like to take out employment legislation back to these levels as indicated above.

I'm not a lawyer, but it would seem to imply to my limited legal knowledge that there might not be a common law defence and that statute legislation would make it possible.

I'm no lawyer either 

I can't believe that the UK would resort to a restraint of trade like that

But we've got zero hours contracts....

 

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16 hours ago, How I Wrote Elastic Man said:

I can't believe that the UK would resort to a restraint of trade like that

I can see advantages to it for employers so...

I can imagine the type of justification "invested a lot of time and energy in the development of this person; therefore every right to expect that they should pay them back - only fair and common sense!"

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26 minutes ago, Badger said:

I can see advantages to it for employers so...

I can imagine the type of justification "invested a lot of time and energy in the development of this person; therefore every right to expect that they should pay them back - only fair and common sense!"

Are the advantages enough to offset the damage it would do with regards to potential signings?

If you're a young player and you've got a choice between signing for an English club with no bosman rule and a Spanish club you'll take the Spanish one every day of the week.

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On 11/08/2020 at 10:40, Badger said:

However, one of the main attractions to the right of leaving the EU was that they could weaken employment legislation and worker protection

Not to start a Brexit thread...but as this is presented as fact is there evidence for this?

Besides - football in this country puts loads of money into the treasury coffers I’m sure the government (right or left) won’t want to upset the UK as an attractive place for the professional game. 

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21 minutes ago, Bethnal Yellow and Green said:

It doesn't matter what the club owners think - it is a UEFA rule - the only way to get around it would be for the FA to leave UEFA...

I didn't realise that the UEFA had jurisdiction over the EFL. As it currently stands it would be a real revolution for this to happen then.

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7 minutes ago, Badger said:

I didn't realise that the UEFA had jurisdiction over the EFL. As it currently stands it would be a real revolution for this to happen then.

It doesn't, but the EFL does not make up the rules around player transfers and contracts. The FA does that and as the FA is a member of UEFA and it has to be in conformity with their rules. 

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3 hours ago, Bethnal Yellow and Green said:

It doesn't, but the EFL does not make up the rules around player transfers and contracts. The FA does that and as the FA is a member of UEFA and it has to be in conformity with their rules. 

👍Thanks BYG

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3 hours ago, WD40 said:

Not to start a Brexit thread...but as this is presented as fact is there evidence for this?

Loads - most of the talk about deregulation refers to labour market reforms. You might remember they were violently opposed to the social chapter of the Maastricht  Treaty for this reason (or perhaps you are too you to remember this).

But as you say, let's not start another Brexit thread. 😃

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