FIFA announced Monday that it will begin negotiations with stakeholders regarding the transfer system, following a European Union ruling deeming certain aspects unlawful.
“In the coming days, FIFA will formally invite stakeholders to share their insights and propose ideas concerning Article 17 of the RSTP (Consequences of terminating a contract without just cause), aiming to consolidate these proposals and determine the best path forward,” the organization stated.
FIFA’s Regulations on the Status and Transfer of Players (RSTP) stipulate that a player who terminates a contract early without just cause must compensate their club. Additionally, if the player joins a new club, that club also bears joint liability for the compensation. However, a ruling from the Court of Justice of the European Union (CJEU) on Oct. 4, linked to former France player Lassana Diarra, declared these provisions unlawful, prompting FIFA to consider significant changes to its transfer regulations.
“The rules in question are such as to impede the free movement of professional footballers wishing to develop their activity by going to work for a new club,” the Luxembourg-based CJEU said.
FIFA has acknowledged that the rules will be amended.
“FIFA looks forward to developing its regulatory framework further, obviously taking into account views and input from all relevant and affected parties,” FIFA Chief Legal and Compliance Officer Emilio Garcia Silvero said.
While Diarra’s legal team said the whole transfer system would change following the EU’s ruling, FIFA argued that only part of the regulations would be affected.
“The international transfer system consists of many elements: for example, rules concerning registration periods; the transfer and registration of players; the application of sporting sanctions in certain cases; training compensations and solidarity mechanisms to reward training clubs; the international transfer of minors; the dispute resolution system to protect players and clubs alike in case of a breach of contract anywhere around the world; the protection of female players, coaches, national teams, and much more,” Garcia Silvero explained Monday.
“All these vital elements are basically unaffected by the Diarra ruling.”
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