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this post was submitted on 06 Oct 2024
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Right, has anyone else chipped in?
Yes! Not that they have shed much light on where we are heading, although they have confirmed where loyalties lie.
European Leagues, the organisation that represents the interests of domestic leagues across the continent, took a player-friendly stance by saying the decision confirmed that “FIFA must comply with national laws, European Union laws or national collective bargaining”.
It added that it stood for contractual stability but only when it is “safeguarded by national laws and collective bargaining agreements negotiated and agreed by professional leagues and players’ unions at domestic level”.
The European Club Association (ECA), however, adopted an “if ain’t broke (for us), why fix it” approach.
“Whilst the judgement raises certain concerns, the ECA observes that the provisions analysed by (the court) relate to specific aspects of the FIFA RSTP, with the football player transfer system being built on the back of the entire regulatory framework set out in the (regulations) which, by and large, remains valid,” it said.
“More importantly, the ECJ did recognise the legitimacy of rules aiming at protecting the integrity and stability of competitions and the stability of squads, and rules which aim to support such legitimate objectives, including among others, the existence of registration windows, the principle that compensation is payable by anyone who breaches an employment contract and the imposition of sporting sanctions on parties that breach those contracts.”
As a champion of clubs large and small, the ECA noted that the transfer system “affords medium and smaller-sized clubs the means to continue to compete at high levels of football, especially those who are able to develop and train players successfully”.
Whether that is actually true or not is the subject of a much bigger and long-running debate. But it is certainly an attractive idea and sometimes that can be enough.
What do football’s transfer movers think?
My colleague Dan Sheldon spoke to Rafaela Pimenta, a football agent who represents Erling Haaland, Matthijs de Ligt, Noussair Mazraoui and other top stars. She told The Athletic: “If you talk to agents, they are over-excited because, finally, the players are going to get heard. How many times are we still going to see them crying after having their careers destroyed because they are being denied a transfer?”
She made it clear, though, that the focus now should be on conversations between football’s various stakeholders to define what the new rules should be.
“For players, this can be a landmark and I hope players will use it wisely,” she said. “This is not an excuse for them to do whatever they want; it is a reason to stand up for their rights.
“I think what the challenge here is to make sure their voices are used responsibly. And by that I mean let’s talk and have this discussion, let’s lead the process and understand what clubs need, what players need and what is the compromise.
“If there is no balance and one side, either the players or the clubs have all the power, then it will go wrong again.
“I understand clubs need to have assets, but they need to understand that players are human beings and sometimes things don’t go according to plan and they cannot become the asset that stays there parked on a corner.”
That is probably enough excitement for one day. We shall back with more analysis when the pendulum swings again.