The transfer of minors and the need for legal certainty - Analysis of the Barcelona, Real Madrid & Atletico Madrid CAS awards
This article compares three of the most important recent decisions on the protection of minors, issued by FIFA and subsequently confirmed or modified by the Court of Arbitration for Sport (CAS). They are the cases relating to FC Barcelona1, Real Madrid2 and Atletico Madrid3.
This analysis will take into consideration the applicable law, the related procedures, different strategies taken by each club and the decisions in order to establish:
the regulatory infringements and initial sanctions;
the grounds of appeal raised by the clubs before CAS;
findings of the CAS Panels’;
analysis of whether the Awards conforms to basic legal principles, such as the principle of legal certainty.
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- Tags: Athlete Welfare | Barcelona | Court of Arbitration for Sport (CAS) | Employment | FIFA | FIFA Disciplinary Committee | FIFA Integrity Committee | FIFA Regulations of the Status and Transfer of Players (RSTP) | Football | Minors | Real Madrid | Spain | Spanish Football Federation (RFEF) | Transfer of Minors
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- Initial thoughts on Real Madrid’s transfer ban being partially upheld by CAS
- Six key lessons for clubs on the protection of minors from the FC Barcelona & Real Madrid appeals
Enric is Founder of the Sports Law Firm ERG Sports Law & Arbitration, with extensive private practice experience of dealing with sports regulatory matters, whether contentious or non-contentious, including in respect of all legal issues pertaining to football transfers, minors, disciplinary and Ethics proceedings. He has represented clients before governing bodies such as National Associations, ITF, UEFA, CONMEBOL, AFC, FIFA, World Athletics, and the CAS.