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The Legal Status of Sportsmen and Sportswomen under International, European and Belgian National and Regional Law (Hardcover, 2003 Ed.)
Loot Price: R7,337
Discovery Miles 73 370
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The Legal Status of Sportsmen and Sportswomen under International, European and Belgian National and Regional Law (Hardcover, 2003 Ed.)
Series: Studies in Employment and Social Policy Set
Expected to ship within 12 - 17 working days
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Total price: R7,357
Discovery Miles: 73 570
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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 Schroder 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). He describes in detail 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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