The final whistle : the compatibility of FIFA regulations with EC law

Abstract

This thesis consists mainly of an investigation into the regulations of football's supreme authority FIFA, with the intention of analysing the consistency of the regulations with EC Law. Following the ECJ's verdict in the 1995 Bosman Ruling, it became apparent that the application of sporting rules did not prevail over European Law and consequently, any rules introduced by a sporting organisation had to conform to EC requirements. As an avid admirer of football, I am aware of the peculiar features inherent in the sport and therefore, I relished the challenge of exploring the numerous legal issues that have emerged between the European Commission and FIFA/UEFA. In conducting this compatibility test, this study shall accord great importance to the application of the EC Competition articles towards the practice of football. The relationship between EC Competition law and sport has been far from amicable and has raised a number of legal considerations due primarily to the latter's unique characteristics which must be taken into account when applying the former. This thesis shall aim to establish whether FIFA's transfer system is compatible with the Treaty's competition rules. Furthermore, this thesis shall deal with the free movement of workers vis a-vis football players and whether any restrictions imposed on player mobility, by sporting bodies, violate the EC Treaty, or whether such rules warrant an exemption from EC Law on the grounds that they are necessary in order to secure the general operation and regularity of football competitions. This thesis concludes by rendering a final assessment on the relationship between autonomous sporting bodies and the European legal order with a forecast outlining the challenges ahead. Ultimately, this study will attempt to answer whether developments related to sport, and to football in particular, are destined to be settled in a legal environment and whether the penetration of EC Legislation into the realm of sport is unavoidable.