Ten days after the “Diarra” judgment handed down by the Court of Justice of the European Union, which considers that certain transfer rules are contrary to EU law and likely to hinder the free movement of professional footballers, Fifa clarified its position on the matter.
The body will soon bring together key football stakeholders to discuss the transfer system and the adaptation of article 17 of the Regulations on the Status and Transfer of Players (RSTJ). According to Fifa, this announcement is in line with its strategic objective aimed at improving the transfer system. Since 2016, numerous amendments have been made.
“Fifa intends to further develop the regulatory framework for football, naturally taking into account the opinions of all parties concerned,” explains Emilio García Silvero, director of Fifa’s Legal and Compliance division. Fifa believes that the decision concerning the “Diarra” file represents an opportunity to continue the modernization of its regulatory framework, which is one of the objectives set by the President of Fifa since 2016. Fifa will now open dialogue with the parties key stakeholders on this subject to determine what conclusions should be drawn and what changes to make. »
On October 4, the decision rendered by the Court of Justice of the European Union had the effect of a thunderclap. Seized of a dispute launched by ex-footballer Lassana Diarra in a case which has opposed him since 2014 to his former club Lokomotiv Moscow, the CJEU had in fact declared contrary to EU law a certain number of provisions enacted by Fifa to regulate and control the transfer market.
The court considers that they “place on these players and on the clubs wishing to engage them significant legal risks, unpredictable and potentially very high financial risks as well as major sporting risks, which, taken together, are likely to hinder the international transfer of players.
