As a direct consequence of the decision of the European Court of Justice in the conflict between Lassana Diarra and Lokomotiv Moscow, FIFA has announced adjustments to its transfer legislation. Enough to change the situation a few days before the opening of the winter transfer window. Explanations.
The consequences of the Diarra affair
If the news went unnoticed, FIFA announced on Monday the adoption a temporary framework relating to the regulation of player transfers. This decision follows the Lassana Diarra affair, judged as Bosman 2.0 by certain jurists. “This framework covers the rules governing compensation for breach of contract, joint and several liability, incentives for breach of contract, international transfer certificates and proceedings before the football court. It aims to create greater clarity and stability for future registration periods as well as to maintain universal rules.specifies the press release from the world body.
Until now, the FIFA regulations were: likely to hinder the freedom of movement of professional footballers“, according to the Court of Justice which considered that it “imposed on these players and on the clubs wishing to engage them significant legal risks, unpredictable and potentially very high financial risks as well as major sporting risks which, pray together, are likely to hinder the international transfer of players. »
If UEFA considers that it has complied, “after a fruitful consultation of the main football stakeholders”, the modifications made are not really to the taste of the players’ union in France, the UNFP, which considers that ” on many points, these new rules remain contrary to the CJEU ruling and ultimately aim to perpetuate a fundamentally illegal “transfer system”. » Regardless, this new regulation must now be taken into account by the clubs.
Photo credits: Loic Baratoux/FEP/Icon Sport
