FIFA to consider transfer rules after Diarra trial

FIFA has said it will start negotiations with the sport’s stakeholders on the transfer system after the European Union ruled that some aspects of it were unlawful.

“In the coming days, FIFA will formally invite stakeholders to comment on and propose ideas in relation to article 17 of the RSTP (“Consequences of terminating a contract without just cause”) with a view to consolidating the proposals and identifying the best way forward,” FIFA said in a statement.

FIFA’s Regulations on the Status and Transfer of Players (RSTP) say a player who terminates a contract before its term “without just cause” is liable to pay compensation to the club, and where the player joins a new club they will be jointly liable for payment of compensation.

The Court of Justice of the European Union (CJEU), ruling on a high-profile case linked to former France player Lassana Diarra, stated on Oct. 4 these dispositions were unlawful, and the judgment is expected to prompt FIFA to revamp 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 would 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 & 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 on Monday.

“All these vital elements are basically unaffected by the Diarra ruling.”