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Legal Status of Sportsmen and Sportswomen under International  European and Belgian National and Regional Law (Studies in Employment and Social Policy Set)
 
 
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Legal Status of Sportsmen and Sportswomen under International European and Belgian National and Regional Law (Studies in Employment and Social Policy Set) [Hardcover]

Roger Blanpain (Author)

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Book Description

9041119809 978-9041119803 December 1, 2002 1
Although the European Court of Justice ruled in Bosman (1995) that professional sportsmen and sportswomen are free at the end of their contracts, they are still at the mercy of the clubs that employ them. Such pretexts as the "special nature" of sport publicly urged by such European eminences as Tony Blair and Gerhard Schrder have institutionalized the human trafficking of players, depriving them of basic rights guaranteed under all the laws enjoyed by Europeans. They may be well-paid as long as they are in the limelight, but they have no surety. They can be, and are, bought and sold repeatedly, each time returning profits to those who trade in their athletic prowess.

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.


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Inside This Book (learn more)
First Sentence:
The social importance of sport cannot be over-emphasized. Read the first page
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
training compensation fee, sportive sanctions, including amateur clubs, national transfer systems, international transfer system, employing club, same national association, compulsory release, sports sanctions, new transfer rules, recurrent breach, unilateral breach, private job placement, contractual stability, player factor, club category, licensed players, solidarity contribution, football bodies, job placement activities, football transfers, transfer certificate, sporting rules, sports sector, professional liability insurance policy
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Dispute Resolution Chamber, Application Regulations, Status Committee, Basic Regulations, European Commission, Member States, Bosman Judgment, Belgian Football Association, Royal Decree, Belgian Official Gazette, Contracts of Employment Act, European Council, European Court of Justice, Commissioner Monti, Brussels Court of First Instance, European Union, Flemish Community Decree, General Secretary, Laws of the Game, Disciplinary Committee, Nice Declaration, European Parliament, World Cup, Sporting Regulations, Ajax Amsterdam
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