The Fragmented Regulation of Transfer System in Sports – A Half-Way to Slavery?

0549504 - ÚSP 2022 RIV CZ eng J - Journal Article
Hamerník, Pavel
The Fragmented Regulation of Transfer System in Sports – A Half-Way to Slavery?
The Lawyer Quarterly. Roč. 11, č. 4 (2021), s. 605-624. ISSN 1805-8396. E-ISSN 1805-840X
R&D Projects: GA ČR(CZ) GA19-25438S
Institutional support: RVO:68378122
Keywords : Bosman * transfer fee * FIFA * football * ice-hockey * sports law * EU law
OECD category: Law
Method of publishing: Open access
https://tlq.ilaw.cas.cz/index.php/tlq/article/view/486

This article deals with remaining restrictions of free movement of players between sports clubs due to specifics of the transfer system. The article argues that the famous Bosman case has not liberated players yet. They remain assets of clubs. The transfer system is a product of sports associations’ regulations. Transfer rules are binding for players by virtue of their contracts. Athletes are members of sports associations and have no choice but to accept their quasi-legislative rules. The article describes the environment of excessive compensations required for transfers of players in football and ice-hockey, restricting their free choice to find another alternative club. These situations are evaluated from the European, international and national perspective.
Permanent Link: http://hdl.handle.net/11104/0325500