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The Fragmented Regulation of Transfer System in Sports – A Half-Way to Slavery?
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SYSNO ASEP 0549504 Document Type J - Journal Article R&D Document Type Journal Article Subsidiary J Článek ve SCOPUS Title The Fragmented Regulation of Transfer System in Sports – A Half-Way to Slavery? Author(s) Hamerník, Pavel (USP-I) Source Title The Lawyer Quarterly. - : Ústav státu a práva AV ČR, v. v. i. - ISSN 1805-8396
Roč. 11, č. 4 (2021), s. 605-624Number of pages 20 s. Publication form Print - P Language eng - English Country CZ - Czech Republic Keywords Bosman ; transfer fee ; FIFA ; football ; ice-hockey ; sports law ; EU law Subject RIV AG - Legal Sciences OECD category Law R&D Projects GA19-25438S GA ČR - Czech Science Foundation (CSF) Method of publishing Open access Institutional support USP-I - RVO:68378122 EID SCOPUS 8512629174 Annotation 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. Workplace Institute of State and Law Contact Iveta Bůžková, iveta.buzkova@ilaw.cas.cz, Tel.: 221 990 714 Year of Publishing 2022 Electronic address https://tlq.ilaw.cas.cz/index.php/tlq/article/view/486
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