FIFA is engaged in a worldwide discussion regarding its transfer regulations
The European Court of Human Rights (ECtHR) has given FIFA some tough assignments: The recognition-bestowing body of football globally needs to revise its rigid transfer policies, as per the ECtHR's ruling in the Diarra case. FIFA initially seemed reluctant but ultimately acknowledged the reinforcement of its principles.
Post the ECtHR ruling on 4th October, FIFA has announced commitments to engage in dialogues with worldwide stakeholders on revising Article 17 of the Regulations on the Status and Transfer of Players (RSTP). The aim is to determine the implications of the Diarra case and propose suitable adjustments to Article 17 RSTP. FIFA's Chief Legal Officer, Emilio Garcia Silvero, pledged to uphold EU laws in all FIFA proceedings.
Lassana Diarra, a Frenchman, had felt liberated from his contract with Lokomotive Moscow in August 2014 following a pay cut. After suing him for breach of contract, the club enforced a €10 million fine on Diarra and warned any potential clubs against signing him. Diarra contested this pattern, and the ECtHR has now sent the case back to a competent Belgian court for hearing.
The FIFA claims that the decision in the Diarra case also substantiates that contract dissolution by clubs or players isn't straightforward. Nevertheless, the repercussions in such situations need further deliberations. This time, the ECtHR opined that FIFA's transfer regulations restrict "the rights of players" and "the competition between clubs" as they hold both the club and the player accountable jointly.
Following the ECtHR ruling, FIFA has expressed a commitment to engage in discussions with global stakeholders regarding the revision of Article 17 in the Regulations on the Status and Transfer of Players. Soccer fans around the world may be interested to know that FIFA's Chief Legal Officer, Emilio Garcia Silvero, has pledged to adhere to EU laws in all FIFA proceedings.