New Delhi: FIFA have made temporary changes to its transfer procedures in response to the recent Lassana Diarra legal verdict, but acknowledges that they may be challenged immediately. FIFA were obliged to amend its rules after a European Court of Justice (ECJ) verdict on Diarra’s argument that its laws limited his freedom of movement. It requested consultation with all important stakeholders before to drafting its interim modifications, which have been confirmed and will take effect immediately, just in time for the January transfer season.
However, there was no representation for the players in the meetings, since Fifa claimed the worldwide players’ union declined to participate, which Fifpro disagrees. Fifa sources with extensive knowledge of the regulatory process have privately confessed that they do not know why this course of action was chosen and believe it may be part of a tactical play for later in the process. Officials stress that, after requesting clarity on certain aspects of the order, they have addressed all of the ECJ’s concerns and believe the new standards are legally sound.
They acknowledge, however, that they may be challenged immediately, and that an injunction may be sought to delay the implementation of the changes. They see uncertainty as detrimental in the circumstances. It is anticipated that permanent new guidelines will be in place by next summer.
According to the organisation, FIFA remain confident that an open, inclusive dialogue with all of its stakeholders is the way forward to develop a rigorous, objective, transparent, non-discriminatory, and appropriate regulatory framework for football on a worldwide scale.
Fifpro stated that it did “not agree” with Fifa’s temporary measures, which were “introduced without a proper collective bargaining process”. The measures do not provide professional footballers with legal clarity and do not reflect the European Court of Justice’s decision.
What all regulations have been accepted by FIFA?
Fifa adapts transfer regulations after Diarra case Fifa adapts its transfer regulations on an interim basis after the recent Lassana Diarra legal ruling but accepts they could be open to immediate challenge… Fifa adapts transfer regulations after Diarr… https://t.co/GkKjY0tExB pic.twitter.com/peMRaRo0kC
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Fifa feels the ECJ decision strengthened its position as a regulator of the transfer system in a number of crucial areas, including the necessity for contractual stability. However, it acknowledged that certain components of transfer restrictions needed to be modified:
The calculation of compensation payable in the event that a player or coach breaches a contract.
The burden of proof in regard to joint and several liability for compensation due for a violation of contract
The burden of proof in regard to an enticement to violate a contract (and the resulting sports consequence against a player’s new club)
The procedure for issuing of an International Transfer Certificate
In Fifa’s own words: “Any party that has suffered as a result of a breach of contract by the counterparty shall be entitled to receive compensation.”
Compensation will be determined based on the extent of the injury, with each case considered on its own merits. However, if it is proven that a signing club influenced a player to breach their contract in order to compel a move, Fifa states that the new club “shall be held jointly liable to pay compensation”. It has now been stated in writing that any club that breaches a contract or induces a player to breach one would be barred from registering players for two transfer windows.
There have been a few changes in the transfer regulations as per FIFA, who have taken the action seriously, ever since Lassana Diarra brought up the case Football Sports News: Latest Cricket News, Cricket Live Score, Sports Breaking News from Sports Today
