International Transfers of Under-18 Footballers: FIFA’s Latest Crusade? Kayla McCulley, Université de Neuchâtel

OUTLINE Legal Context Training Compensation Recruitment and Illegal Incitements Synthesis

EU LEGAL CONTEXT Employment of minors – EU Directive on the Protection of Young People at Work (94/33/EC) – Labor restrictions for adolescents more flexible for work in certain sectors like entertainment, cultural activities, and sport Freedom of movement for workers (Art. 45 TfEU) – CJCE jurisprudence

FIFA LEGAL CONTEXT Art. 17 RSTP: Consequences of rupture without just cause 1. In all cases, the party in breach shall pay compensation. … 4. In addition to the obligation to pay compensation, sporting sanctions shall be imposed on any club found to be in breach of contract or found to be inducing a breach of contract during the protected period … Art. 19 RSTP: Protection of minors 1. International transfers of players are only permitted if the player is over the age of The following three exceptions to this rule apply: … b) The transfer takes place within the territory of the European Union (EU) or European Economic Area (EEA) and the player is aged between 16 and 18...

TRAINING COMPENSATION Olympique Lyonnais v. Olivier Bernard and Newcastle Utd. (3/2010) – Art. 23 of the 1997/1998 LFP Charter: A French club is within its rights to oblige a « joueur espoir » between the age of 16 and 22 to sign as a professional at this same club. – Compensation must be calculated on the true costs of training a young player rather than on a salary or other calculations – Article 45: Encouraging recruitment and formation of young players could represent a legitimate restriction on freedom of movement for workers in the EU – Bernard redux: Challenge to the Italian vincolo sportivo in January 2010

RECRUITMENT AND ILLEGAL INDUCEMENTS (Sept. 2009) Kakuta and Chelsea FC: Catalyst or red herring? First time that the FIFA Disciplinary Committee sanctioned a club for having incited a player to break his contract – Age of player during recruitment and signing period (15 going on 16) was a key factor in applying the two-year ban Aggressive recruiting in the spotlight: Support builds for better protection of minors and regulations on their transfer

SYNTHESIS Legal (and media?) pressures at the EU and FIFA levels  Greater focus on the issues involved in training and transferring of minors in Europe From Bosman to Bernard: National associations (France, Italy) must update their statutes on first signings to conform with Article 45 TfEU Encouraging the development of minors: A legitimate objective that justifies bending the rules?

QUESTIONS? Kayla McCulley National Collegiate Athletic Association P.O. Box 6222 Indianapolis, IN