25 October 2024
Football at a Crossroads
The CJEU shook the world of football with its Diarra ruling on Friday, October 4. The impact of the ruling is all but a surprise for me. In a way, the FIFA transfer system was always on shaky legal grounds in terms of EU internal market law. Now, the chickens have come home to roost and key parts of the football transfer system have been brutally set aside. I aim to explain why the Diarra ruling marks a crucial turning point for football, its economy and even its identity. Continue reading >>
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18 March 2024
FIFA Transfer System Rules in front of the Court
The governance of professional football is facing turbulent times. After three verdicts on 21 December 2023 (ESL, RAFC and ISU), the next case potentially sanctioning football governance is already well underway. In the pending Diarra case (C-650/22), the validity of the FIFA transfer system is at stake. Transfers are among the bread and butter of daily football practice. Any flaw in the transfer system will affect the whole industry. This blog post explores Diarra from a competition law perspective. Continue reading >>04 January 2024
The European Game
The long-awaited judgement of the Court of Justice of the European Union in Case C-333/21 - European Super League Company has finally arrived. There is a lot to unpack, especially with respect to developments in competition law. Constitutional lawyers will, however, find particular interest in how the Grand Chamber dismissed Advocate General Rantos’ pitch for a constitutional recognition of the European sports model based on Article 165 TFEU. This post focuses on this aspect of the European Super League judgment. It argues that while the Advocate General’s construction was rejected, the Court still used this judgement to further define its own constitutional understanding of the European sports model, as well as to solidify its role as the primary interpreter of that model. Continue reading >>
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15 December 2022
To Speak, or not to Speak
Several national football federations and their teams had planned to wear a rainbow armband (also called the “One-Love” armband) when entering the 2022 World Cup in Qatar, which symbolizes solidarity with the LGBTQ+ community. Promptly, this simple gesture in favor of respect of human rights and diversity was forbidden by FIFA. The days following the ban, players and teams expressed their unease about FIFA’s strict position and about the uncertainty of the potential sanctions. FIFA’s practice towards freedom of expression lacks consistency, which further highlights the protection gap that exists between the lex sportiva, the rules and regulations governing sports, and human rights law in respect of freedom of expression. How could the differences be reconciled? Continue reading >>02 December 2022
The Autonomy of Sport and the Degeneration of an Ideal
The Football World Cup in Qatar is but the tip of the iceberg of the mounting problems for UEFA/FIFA. Scandals. Corruption. Cozying up to the autocrats and feeling right at home in their company. Arrogance bordering on ignorance coming from the very top of the governing bodies. The list of serious ailments that beset the system of football governance goes on. As a result, one might argue that not much of substance can be added to the topic. Yet, as will be argued here, there is still a constitutional and discursive potential to push forward the discourse on the broken system of football governance. There is important space for constitutionalists to fill by offering a voice of critical reflection, insights and by pointing out signposts for the future. Continue reading >>
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25 November 2022
Migrant Workers and the 2022 FIFA World Cup in Qatar
When we are enjoying the beautiful game these days, we should not forget that hundreds or even thousands of migrant workers, mostly from Bangladesh, India, Nepal, Pakistan, Philippines and Sri Lanka have allegedly lost their lives in Qatar when working on stadium and other infrastructure constructions in view of the 2022 FIFA World Cup. FIFA as the overarching, but private international football governing body in charge of the organization of the World Cup is not, as such, liable under the ECHR neither. It has, however, its headquarters in Switzerland. Is this enough to hold Switzerland, a party to the ECHR, liable for human rights violations in Strasbourg? Continue reading >>07 July 2019
The protection of labour rights in professional football under the ICESCR
In this blog, I argue that the global operations of FIFA affecting the labour rights of individuals fall under the scope of the ICESCR and that FIFA’s responsibility for potential violations of these rights can be engaged. It could also form the basis for Switzerland’s international legal responsibility for a possible violation of a state’s obligation to protect. Continue reading >>
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07 July 2019
FIFA for Women or Women for FIFA? The Inherent Tensions of FIFA’s Women’s Football Strategy
How does FIFA purport to address and overcome its historical and ongoing record of institutional disregard for, and discrimination against, women? Its primary weapon appears to be the recently adopted Women’s Football Strategy, designed to “empower the organisation to take further concrete steps to address the historic shortfalls in resources and representation, while advocating for a global stand against gender discrimination through playing football”. This may seem an ambitious compound goal, seeking to advance gender equality within FIFA, football and beyond. But what promise does the Women’s Football Strategy actually hold in this regard? Continue reading >>
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06 July 2019
The European Court of Human Rights and FIFA: Current Issues and Potential Challenges
The aim of this post is to address the relevance of the European Court of Human Rights and the European Convention on Human Rights for FIFA. Continue reading >>
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06 July 2019
Is Bauer the new Bosman? – The implications of the recent jurisprudence of the Court of Justice of the European Union for FIFA
In its Bauer ruling the CJEU confirmed that the fundamental rights enshrined in the Charter might under certain circumstances become horizontally applicable. This post argues that this development of judgments has implications also for sport federations such as FIFA. Continue reading >>
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