Six key lessons for clubs on the protection of minors from the FC Barcelona & Real Madrid appealsJohn Shea
It is been several months since the high profile cases involving FC Barcelona and Real Madrid and FIFA’s protection of minors regulations were decided by the Court of Arbitration for Sport (CAS). However, the recent publication of the CAS awards has provided much welcomed detail regarding the nature of the breaches and clubs can learn key lessons from both cases in order to avoid similar sanctions in the future.
By way of background, FIFA’s Disciplinary Committee sanctioned FC Barcelona and Real Madrid in 2014 and 2016 respectively for breaches relating to the international transfer and first registration of minor players as well as other relevant provisions. Both clubs were sanctioned with heavy fines and transfer bans for two transfer windows. Following unsuccessful appeals to FIFA’s Appeal Committee, both clubs appealed to CAS. FC Barcelona’s appeal was dismissed on 30 December 2014 and Real Madrid’s appeal was partially upheld on 20 December 2016.
This article reviews the decisions and reflects on six key lessons for clubs agents and players, namely:
- The prohibition under Article 19.1 and 19.3 FIFA’s Regulations on the Status and Transfer of Players (“RSTP”) applies to players of all ages;
- The importance of respecting the regulations;
- The risks of “organised football”;
- Do not register or integrate the player at the club before obtaining FIFA subcommittee approval;
- Ensure that players are registered with the national association; and
- Registration is not sufficient to comply with reporting requirements under Article 19bis RSTP.
...to continue reading register here for free
LawInSport is an independent publisher used by sports lawyers, sports business executives and administrators, athletes and support personnel, academics and students to stay informed of the latest legal issues and developments from the world of sport. It is our mission to improve the accountability, transparency and standard of the administration and governance of sport and the understanding of the law.
Thank you for considering becoming a member of LawInSport, supporting independent media and the promotion well researched, reference and accessible legal information that contributes to greater transparency and accountability in the sport and legal sectors.
This work was written for and first published on LawInSport.com (unless otherwise stated) and the copyright is owned by LawInSport Ltd. Permission to make digital or hard copies of this work (or part, or abstracts, of it) for personal use provided copies are not made or distributed for profit or commercial advantage, and provided that all copies bear this notice and full citation on the first page (which should include the URL, company name (LawInSport), article title, author name, date of the publication and date of use) of any copies made. Copyright for components of this work owned by parties other than LawInSport must be honoured.
- Tags: Athlete Welfare | Court of Arbitration for Sport (CAS) | Employment | FIFA Appeal Committee | FIFA Disciplinary Committee | FIFA Transfer Matching System | Football | La Liga | Regulations on the Status and Transfer of Players (RSTP) | Spanish Football Federation (RFEF)
- FC Barcelona and the protection of minors - Article 19 of FIFA Regs
- FIFA rejects appeals of FC Barcelona and the Spanish FA in relation to transfers of minors
- Legal and regulatory considerations of minors in sport
- A review of the updates to FIFA’s Regulations on the Status and Transfer of Players
About the Author
John is a solicitor at Shoosmiths LLP specialising in commercial litigation and sport law with a particular focus on regulatory and contentious issues such as contractual disputes, disciplinary proceedings and the registration and transfer of players.