Legal problems facing FIFA for regulating agents of football players


At the end of October, FIFA will carry out one of the most significant changes to its rules on the transfer market in recent years. new regulation soccer agent promises to be a relevant amendment that will shake the transfer window above the rest with several innovations: the need to be licensed to be able to exercise this profession legally and to renew it through continuous training, A tighter control on the recruitment of minors and, above all, new limits on commissions that agents can charge. this point is the most controversial and sets limits up to a maximum of 10 percent of the amount of the transfer within a small limit that limits (and much more) the amount of money that agents can receive for the transfer. This last point raises doubts about its legitimacy in the European environment.

“It’s the most talked about because it could end the astronomical commissions we’ve seen in signatures such as Haland or renew mbappe, However, the most important thing to know is whether these changes are legal. There are serious doubts that they do not violate EU rules”, begins to expose Tony Roca, director of the Special Office in Football. Hymn and Sports Law Institute. « The European Union defends the free market and, as such, free competition as well. Specifying the commission that agents can charge establishes limits that may go against the spirit of Union Treaty. It is common that the EU Association of Football Agents speculates that, as soon as the regulation is published, they will challenge it. With European regulations in hand, it is doubtful that FIFA is not violating EU rules,” the lawyer, an expert in sports law, says in his reflection.

the new one regulation Soccer players’ agents establish three commissions (maximum) that representatives can charge. “If you recommend the player or the buying club, it’s a maximum of 3 percent player salary, However, you are allowed to represent the player and the buying club, in which case the commission may be 6 percent. And, if you advise Sailing Club, the maximum amount of commission will be 10 percent, but on the amount of the transfer, not on the salary. This last point is important”, analyzes Roka.

Commission limits aren’t the only relevant change this prolific document (34 pages) will bring, which needs four revisions to see the light. “It is also very important to return license system To be able to act legally as a representative of football players. Those who wish to exercise will need a license issued by FIFA. This means past exams and, moreover, continuous training. This would not be sufficient to obtain a license, but a series of training credits would probably be required through courses from FIFA or from federations. since Sports Law Institute We will help the sector with training along with specialized courses to be able to get the license,” explains the lawyer. The first exam will be held in principle in February 2023 and will not be required for agents who would have been licensed under previous versions of the regulation.

“Fifa’s new rules will include very strict information disclosure obligations. Agents must upload all data to a platform maintained by FIFA, where the contract they sign with football players, what they pay their agents, etc.,” says the CEO of the Sports Law Institute in the transfer section of minorsFIFA will increase the minimum age of minors that an agent can represent: “This is a very remarkable change as it eliminates the illogical and insane situation of seeing 10, 11 or 12 year olds who already have He is the representative.”

“It will no longer be possible to sign a representation contract with a minor except six months before he reaches the minimum age required in the country for signing a professional contract, in which Spain is 16 years old. In other words, these contracts cannot be signed until the child is 15 years and 6 months old.” rockDissecting the rules to be enforced by the world body.

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