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	<title>Comments on: Football Transfers Are About to Change Forever</title>
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	<link>http://www.runofplay.com/2008/01/31/football-transfers-are-about-to-change-forever/</link>
	<description>Attacking Football</description>
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		<title>By: Football Transfers Were Not, as It Turns out, About to Change Forever - The Run of Play</title>
		<link>http://www.runofplay.com/2008/01/31/football-transfers-are-about-to-change-forever/comment-page-1/#comment-5873</link>
		<dc:creator>Football Transfers Were Not, as It Turns out, About to Change Forever - The Run of Play</dc:creator>
		<pubDate>Thu, 21 May 2009 15:47:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.runofplay.com/2008/01/31/football-transfers-are-about-to-change-forever/#comment-5873</guid>
		<description>[...] case and makes my earlier interpretation of that case look really, really exaggerated. (See: &quot;Football Transfers Are About to Change Forever,&quot; from January 2008.) The new ruling, which settles a dispute between Shakhtar Donetsk and [...]</description>
		<content:encoded><![CDATA[<p>[...] case and makes my earlier interpretation of that case look really, really exaggerated. (See: &#34;Football Transfers Are About to Change Forever,&#34; from January 2008.) The new ruling, which settles a dispute between Shakhtar Donetsk and [...]</p>
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		<title>By: Fredorrarci</title>
		<link>http://www.runofplay.com/2008/01/31/football-transfers-are-about-to-change-forever/comment-page-1/#comment-1321</link>
		<dc:creator>Fredorrarci</dc:creator>
		<pubDate>Tue, 20 May 2008 22:06:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.runofplay.com/2008/01/31/football-transfers-are-about-to-change-forever/#comment-1321</guid>
		<description>I read a comment a few days ago from the agent of a Premier League player (can&#039;t remember which one) saying something to the effect that his client would not stoop to using such a devious method to extricate himself from his current deal. So maybe a code of honour, an unspoken gentlemen&#039;s agreement will prevail and things will carry on as before.

Of course, it was an *agent* who said this so, y&#039;know...</description>
		<content:encoded><![CDATA[<p>I read a comment a few days ago from the agent of a Premier League player (can&#039;t remember which one) saying something to the effect that his client would not stoop to using such a devious method to extricate himself from his current deal. So maybe a code of honour, an unspoken gentlemen&#039;s agreement will prevail and things will carry on as before.</p>
<p>Of course, it was an *agent* who said this so, y&#039;know&#8230;</p>
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		<title>By: ursus arctos</title>
		<link>http://www.runofplay.com/2008/01/31/football-transfers-are-about-to-change-forever/comment-page-1/#comment-1313</link>
		<dc:creator>ursus arctos</dc:creator>
		<pubDate>Mon, 19 May 2008 20:51:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.runofplay.com/2008/01/31/football-transfers-are-about-to-change-forever/#comment-1313</guid>
		<description>Actually, a couple of hours after I typed that comment, the European Parliament approved a motion by a Hungarian MEP for a full debate on the current treatment of Rom within the EU, with a particular focus on the recent proposals in Italy.  

The number of forces influencing the ultimate result increases with the day (it is also worth noting that Berlusconi in his football club ownership role is all for freedom of movement).

My own guess is that the ultimate resolution of this issue, at least for top flight players, will be the extension of the Spanish concept of including a set price that has to be paid should a player wish to rescind his contract.  Short of being able to prove duress, such an arrangement should hold up under the Webster principles.</description>
		<content:encoded><![CDATA[<p>Actually, a couple of hours after I typed that comment, the European Parliament approved a motion by a Hungarian MEP for a full debate on the current treatment of Rom within the EU, with a particular focus on the recent proposals in Italy.  </p>
<p>The number of forces influencing the ultimate result increases with the day (it is also worth noting that Berlusconi in his football club ownership role is all for freedom of movement).</p>
<p>My own guess is that the ultimate resolution of this issue, at least for top flight players, will be the extension of the Spanish concept of including a set price that has to be paid should a player wish to rescind his contract.  Short of being able to prove duress, such an arrangement should hold up under the Webster principles.</p>
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		<title>By: Brian</title>
		<link>http://www.runofplay.com/2008/01/31/football-transfers-are-about-to-change-forever/comment-page-1/#comment-1312</link>
		<dc:creator>Brian</dc:creator>
		<pubDate>Mon, 19 May 2008 19:27:26 +0000</pubDate>
		<guid isPermaLink="false">http://www.runofplay.com/2008/01/31/football-transfers-are-about-to-change-forever/#comment-1312</guid>
		<description>Good point about the pressure the EC&#039;s facing from other quarters---you could say that FIFA&#039;s become more strident about this issue just as the EC&#039;s become somewhat less strident, and that may help to explain how the compromise was reached in the first place and how we got where we are. Though it&#039;s still hard to say how FIFA might have reacted if a player had tried a Webster-like move in 2002 or 2003.</description>
		<content:encoded><![CDATA[<p>Good point about the pressure the EC&#039;s facing from other quarters&#8212;you could say that FIFA&#039;s become more strident about this issue just as the EC&#039;s become somewhat less strident, and that may help to explain how the compromise was reached in the first place and how we got where we are. Though it&#039;s still hard to say how FIFA might have reacted if a player had tried a Webster-like move in 2002 or 2003.</p>
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		<title>By: ursus arctos</title>
		<link>http://www.runofplay.com/2008/01/31/football-transfers-are-about-to-change-forever/comment-page-1/#comment-1311</link>
		<dc:creator>ursus arctos</dc:creator>
		<pubDate>Mon, 19 May 2008 11:55:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.runofplay.com/2008/01/31/football-transfers-are-about-to-change-forever/#comment-1311</guid>
		<description>It always was a compromise, but it is also fair to note that the FIFA of 2001 was considerably less strident on the issue of restricting player movement in the guise of protecting national teams than Blatter is today.  It may also be the case that FIFA believes that the EC may be less &quot;totally committed&quot; to the principle of free movement of EU nationals within the Union than it was seven years ago, given the increase in political pressure on the concept from wholly non-football-related sources, such as the Berlusconi government&#039;s current attempts to restrict immigration from countries like Romania and expel immigrants that are here legally.  

One can view this particular battle as a skirmish in a larger conflict between FIFA (and its constitutent federations) and the wealthiest clubs over control of an essential elment of the game.</description>
		<content:encoded><![CDATA[<p>It always was a compromise, but it is also fair to note that the FIFA of 2001 was considerably less strident on the issue of restricting player movement in the guise of protecting national teams than Blatter is today.  It may also be the case that FIFA believes that the EC may be less &#034;totally committed&#034; to the principle of free movement of EU nationals within the Union than it was seven years ago, given the increase in political pressure on the concept from wholly non-football-related sources, such as the Berlusconi government&#039;s current attempts to restrict immigration from countries like Romania and expel immigrants that are here legally.  </p>
<p>One can view this particular battle as a skirmish in a larger conflict between FIFA (and its constitutent federations) and the wealthiest clubs over control of an essential elment of the game.</p>
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		<title>By: Brian</title>
		<link>http://www.runofplay.com/2008/01/31/football-transfers-are-about-to-change-forever/comment-page-1/#comment-1305</link>
		<dc:creator>Brian</dc:creator>
		<pubDate>Mon, 19 May 2008 11:32:20 +0000</pubDate>
		<guid isPermaLink="false">http://www.runofplay.com/2008/01/31/football-transfers-are-about-to-change-forever/#comment-1305</guid>
		<description>Fredorrarci, that&#039;s a great question. The rules behind the Webster ruling have been in effect since 2001, first under Articles 21 and 22 (if I remember correctly) of FIFA&#039;s transfer regulations, then under Article 17 after the 2005 revisions. As I understand it, the transfer regulations always represented a somewhat uneasy truce between FIFA and the European Commission, rhetorically upholding both the principle of contractual stability (as FIFA wanted) and the contradictory principle of economic freedom for players (as the EC wanted). 

Blatter has argued that the CAS&#039;s ruling &quot;distorts&quot; Article 17 by disregarding what the regulations say about contractual stability and the exceptional nature of sport. Had the ruling gone the other way, I think the EC would have argued that it disregarded what the regulations said about freedom of movement for players.

In other words, I think there was always going to be a conflict between FIFA and the EC over Article 17 as soon as it was invoked and interpreted, which is one reason it took so long for anyone to try it---no one wanted to take the first step into the legal minefield.

The other reason it took so long is that clubs have been diligent over the last few years about renewing the contracts of players they want to keep before the players became eligible for an Article 17 move.

So the deeper question here is why FIFA and the EC signed off on transfer regulations that they understood in fundamentally different ways and were predestined to disagree about. I guess it&#039;s just the nature of political compromise. Anyway, it should be interesting this summer to see whether any of the Webster-eligible players (Michael Owen, et. al.) try to follow in Webster&#039;s footsteps, or whether the dramatic interpretation of the CAS ruling that I came to in the post above turns out to be a bit exaggerated.</description>
		<content:encoded><![CDATA[<p>Fredorrarci, that&#039;s a great question. The rules behind the Webster ruling have been in effect since 2001, first under Articles 21 and 22 (if I remember correctly) of FIFA&#039;s transfer regulations, then under Article 17 after the 2005 revisions. As I understand it, the transfer regulations always represented a somewhat uneasy truce between FIFA and the European Commission, rhetorically upholding both the principle of contractual stability (as FIFA wanted) and the contradictory principle of economic freedom for players (as the EC wanted). </p>
<p>Blatter has argued that the CAS&#039;s ruling &#034;distorts&#034; Article 17 by disregarding what the regulations say about contractual stability and the exceptional nature of sport. Had the ruling gone the other way, I think the EC would have argued that it disregarded what the regulations said about freedom of movement for players.</p>
<p>In other words, I think there was always going to be a conflict between FIFA and the EC over Article 17 as soon as it was invoked and interpreted, which is one reason it took so long for anyone to try it&#8212;no one wanted to take the first step into the legal minefield.</p>
<p>The other reason it took so long is that clubs have been diligent over the last few years about renewing the contracts of players they want to keep before the players became eligible for an Article 17 move.</p>
<p>So the deeper question here is why FIFA and the EC signed off on transfer regulations that they understood in fundamentally different ways and were predestined to disagree about. I guess it&#039;s just the nature of political compromise. Anyway, it should be interesting this summer to see whether any of the Webster-eligible players (Michael Owen, et. al.) try to follow in Webster&#039;s footsteps, or whether the dramatic interpretation of the CAS ruling that I came to in the post above turns out to be a bit exaggerated.</p>
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		<title>By: Fredorrarci</title>
		<link>http://www.runofplay.com/2008/01/31/football-transfers-are-about-to-change-forever/comment-page-1/#comment-1292</link>
		<dc:creator>Fredorrarci</dc:creator>
		<pubDate>Sun, 18 May 2008 19:20:17 +0000</pubDate>
		<guid isPermaLink="false">http://www.runofplay.com/2008/01/31/football-transfers-are-about-to-change-forever/#comment-1292</guid>
		<description>I know this is somewhat late, and since I&#039;m unsure of the etiquette in such situations, I&#039;ll blunder on through anyway.

I think I&#039;m right in saying that the clause that allowed Webster to do this arose out of negotiations between FIFA and the European Commission several years ago. So why is it that now someone has actually enforced this clause do FIFA want to change it?</description>
		<content:encoded><![CDATA[<p>I know this is somewhat late, and since I&#039;m unsure of the etiquette in such situations, I&#039;ll blunder on through anyway.</p>
<p>I think I&#039;m right in saying that the clause that allowed Webster to do this arose out of negotiations between FIFA and the European Commission several years ago. So why is it that now someone has actually enforced this clause do FIFA want to change it?</p>
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		<title>By: ursus arctos</title>
		<link>http://www.runofplay.com/2008/01/31/football-transfers-are-about-to-change-forever/comment-page-1/#comment-466</link>
		<dc:creator>ursus arctos</dc:creator>
		<pubDate>Fri, 01 Feb 2008 07:43:52 +0000</pubDate>
		<guid isPermaLink="false">http://www.runofplay.com/2008/01/31/football-transfers-are-about-to-change-forever/#comment-466</guid>
		<description>Gee, that quote from TalkSoccer.net sounds awfully familiar . . .</description>
		<content:encoded><![CDATA[<p>Gee, that quote from TalkSoccer.net sounds awfully familiar . . .</p>
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		<title>By: Daily Dose: 1.31.08 - England - The Offside - Soccer News and Opinion from leagues around the world</title>
		<link>http://www.runofplay.com/2008/01/31/football-transfers-are-about-to-change-forever/comment-page-1/#comment-463</link>
		<dc:creator>Daily Dose: 1.31.08 - England - The Offside - Soccer News and Opinion from leagues around the world</dc:creator>
		<pubDate>Fri, 01 Feb 2008 01:00:41 +0000</pubDate>
		<guid isPermaLink="false">http://www.runofplay.com/2008/01/31/football-transfers-are-about-to-change-forever/#comment-463</guid>
		<description>[...] This is big. Like, Bosman big. (Run of Play) [...]</description>
		<content:encoded><![CDATA[<p>[...] This is big. Like, Bosman big. (Run of Play) [...]</p>
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		<title>By: Hearts wait for Webster verdict - TalkSoccer.net &#124; Soccer Forum</title>
		<link>http://www.runofplay.com/2008/01/31/football-transfers-are-about-to-change-forever/comment-page-1/#comment-461</link>
		<dc:creator>Hearts wait for Webster verdict - TalkSoccer.net &#124; Soccer Forum</dc:creator>
		<pubDate>Thu, 31 Jan 2008 18:48:57 +0000</pubDate>
		<guid isPermaLink="false">http://www.runofplay.com/2008/01/31/football-transfers-are-about-to-change-forever/#comment-461</guid>
		<description>[...] Meanwhile, this ruling from the Court of Arbitration for Sport in Lausanne is almost certainly destined to be the most significant thing that happened during this window.  Football Transfers Are About to Change Forever - The Run of Play [...]</description>
		<content:encoded><![CDATA[<p>[...] Meanwhile, this ruling from the Court of Arbitration for Sport in Lausanne is almost certainly destined to be the most significant thing that happened during this window.  Football Transfers Are About to Change Forever &#8211; The Run of Play [...]</p>
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		<title>By: ursus arctos</title>
		<link>http://www.runofplay.com/2008/01/31/football-transfers-are-about-to-change-forever/comment-page-1/#comment-460</link>
		<dc:creator>ursus arctos</dc:creator>
		<pubDate>Thu, 31 Jan 2008 17:34:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.runofplay.com/2008/01/31/football-transfers-are-about-to-change-forever/#comment-460</guid>
		<description>It was actually the top story on the Gazzetta website an hour ago, and I was just about to say something about it on OTF.

But now Brian has spared me from having to think of something original.</description>
		<content:encoded><![CDATA[<p>It was actually the top story on the Gazzetta website an hour ago, and I was just about to say something about it on OTF.</p>
<p>But now Brian has spared me from having to think of something original.</p>
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		<title>By: Tom</title>
		<link>http://www.runofplay.com/2008/01/31/football-transfers-are-about-to-change-forever/comment-page-1/#comment-459</link>
		<dc:creator>Tom</dc:creator>
		<pubDate>Thu, 31 Jan 2008 16:06:06 +0000</pubDate>
		<guid isPermaLink="false">http://www.runofplay.com/2008/01/31/football-transfers-are-about-to-change-forever/#comment-459</guid>
		<description>I&#039;m glad you posted on this, Brian, as it seems to have flown under the radar somewhat -- whether intentionally or not, I don&#039;t know.

It&#039;s not on the scale of Bosman, but it could take European football towards American sports in terms of the balance of spending.</description>
		<content:encoded><![CDATA[<p>I&#039;m glad you posted on this, Brian, as it seems to have flown under the radar somewhat &#8212; whether intentionally or not, I don&#039;t know.</p>
<p>It&#039;s not on the scale of Bosman, but it could take European football towards American sports in terms of the balance of spending.</p>
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