
Product Line | Kluwer Law International |
|---|---|
Product SKU | 10059333-0001 |
ISBN-13 | 9789041119803 |
Availability | Ships in 3-5 Business Days |
Last Updated | 2002-12-01 |
In this searing indictment, Professor Blanpain underscores the demonstrable illegality of the current transfer system imposed by the International Federation of Football Associations (FIFA). In abundant detail he describes 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.
Part II: The Status of Professional Sportsmen and Sportswomen
1. Sources of Law
2. Classification as a "Worker" [Employed Person]
3. Employment of Foreign Nationals
4. Legal Capacity: Minors
5. Contract of Employment
6. Freedom of Movement for Workers. No discrimination based on nationality
7. Terms and Conditions of Employment
8. Fundamental Rights
9. Disciplinary Powers
10. Loan of Players
11. The End of the Contract of Employment
12. Transfer Fee
13. Training Compensation
14. Non-competition Clause
15. Dispute Resolution
16. Placement Services and the Status of Players' Agents
Part III: The Status of Amateur Sportsmen and Sportswomen
1. General Comments
2. Belgian Regional Law: The Flemish Community Decree of 24 July 1996
3. Belgian Regional Law: The French Community Decree of 26 April 1999
4. International Law: The United Nations Convention on the Rights of the Child
Conclusions
Annexes
Bibliography
Index
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