POST-BOSMAN CHALLENGES TO THE TRANSFER SYSTEM
In 2000, the European Commission announced that it was taking action against the football authorities because the current international transfer system breaches the right to freedom of movement between E.U. states under the Treaty of Amsterdam, even for players who are still under contract. They argued that footballers who wished to unilaterally break their contract of employment should be able to leave with a term of notice, as employees in other sectors can do, with only a relatively small amount of compensation being paid in return.
This action led to a compromise being reached between the football authorities and the Commission which was ratified by FIFA's executive in summer 2001. The new transfer regulations apply to every player who signed a contract after 1st September 2001 and is involved in an international transfer. They made no reference to the payment of a transfer fee. The regulations are as follows (and are reproduced in more detail on
www.FIFA.com):
1: Training Compensation for Players under 23
2: Protection of contracts for the first 2-3 years by - a sporting sanction of a four month suspension for a player who unilaterally breaches their contract within this period - compensation reflecting the wages and period left on the contract of the player in accordance with national law
3: Movement for players only in 2 transfer "windows" a season
4: The creation of an independent and objective disciplinary and arbitration system to deal with contractual disputes and compensation.