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Vol 21 No 9 Sept/Oct 2016

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The Legal Status of Sportsmen and Sportswomen Under International, European and Belgian National and Regional Law

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ISBN13: 9789041119803
ISBN: 9041119809
Published: February 2003
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £123.00



Despatched in 11 to 13 days.

Although the European Court of Justice ruled in Bosman (1995) that professional sportsmen and sportswomen are free at the end of their contracts, they are still at the mercy of the clubs that employ them. Such pretexts as the ""special nature"" of sport publicly urged by such European eminences as Tony Blair and Gerhard Schroder have institutionalized the human trafficking of players, depriving them of basic rights guaranteed under all the laws enjoyed by Europeans. They may be well-paid as long as they are in the limelight, but they have no surety. They can be, and are, bought and sold repeatedly, each time returning profits to those who trade in their athletic prowess.

In this searing indictment, Professor Blanpain underscores the demonstrable illegality of the current transfer system imposed by the International Federation of Football Associations (FIFA). He describes in detail the complex ramifications of FIFA's rules in the lives of players, clearly revealing how the fundamental rights of players to free movement and freedom of labour are systematically denied. He calls for the courts, from the European Court of Justice on down, to recognize this illegality and act to enforce the Bosman judgement.

Professor Blanpain examines all the crucial legal issues involved. These include the following: the classification of sportsmen and sportswomen as ""workers""; the nature of the contract between player and club; the legal capacity of minors to enter into an employment contract; the trade in foreign (frequently African and South American) players with no legal rights in Europe; disciplinary rules; training compensation fees; placement and status of players' agents; dispute resolution; and conflicts with competition law.

An extensive array of documents, including the FIFA Transfer Regulations and material leading to the March 2001 agreement between FIFA and the European Commission, is included in a series of annexes.

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Subjects:
Sports Law, European Jurisdictions, Belgium
Contents:
Part I Sport - Its Main Social and Political Elements: Importance of Sport; The European Model of Sport; Negative Aspects - Human Trafficking; Bosman - The End of the Transfer System?; In the Wake of Bosman - The Flemish Community and French Community Decrees; The Belgian Collective Agreement on the Terms and Conditions of Employment of Professional Footballers (12 June 1998); Political Favouritism towards Football; Problems - Bosman Bypassed, Sale of Players during the Course of the Contract of Employment; About-turn - Footballers' Freedom Once Again Restricted; The Agreement of 5 March 2001 between FIFA and the European Commission; The FIFA Transfer Regulations, New Style; Assessment of the New Transfer System and its Motivation. Part II The Status of Professional Sportsmen and Sportswomen: Sources of Law; Classification as a ""Worker"" [Employed Person]; Employment of Foreign Nationals; Legal Capacity - Minors; Contract of Employment; Freedom of Movement for Workers, No discrimination based on nationality; Terms and Conditions of Employment; Fundamental Rights; Disciplinary Powers; Loan of Players; The End of the Contract of Employment; Transfer Fee; Training Compensation; Non-competition Clause; Dispute Resolution; Placement Services and the Status of Players' Agents. Part III The Status of Amateur Sportsmen and Sportswomen: General Comments; Belgian Regional Law - The Flemish Community Decree of 24 July 1996; Belgian Regional Law - The French Community Decree of 26 April 1999; International Law - The United Nations Convention on the Rights of the Child.