About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 J. for Sports L. Pol'y & Governance 12 (2018-2019)
Article 19 RSTP, a Right Step in the Transfer Policy Jurisprudence

handle is hein.journals/jslpg1 and id is 19 raw text is: 







                                                                                   JSLPG

Tejaswa  Naswa   et.al. Article 19 RSTP, A Right Step in The Transfer Policy Juriprudence? 1(1)
JSLPG   12 (2018)


         ARTICLE 19 RSTP, A RIGHT STEP IN THE

             TRANSFER POLICY JURISPRUDENCE?



                          Tejaswa   Naswa   1 and Ateet  Parihar2



                          National Law  Institute University, Bhopal
                                   tejas.naswa66@gmail.com
                        2 National Law  Institute University, Bhopal
                                     ateet266@gmail.com
ABSTRACT

With possible transfer bans handed over to inarguably three (Atletico Madrid, Real Madrid and
Barcelona)' of the top five European Clubs for transgressing provisions of Article 19, Federation
Internationale de Football Association (FIFA) and Court ofArbitration for Sports (CAS) have sent a strong
statement across all clubs working hand in glove with players yet to attain the age of majority. The provision
has ensnared major clubs who with all their might contravene the prohibition culminating in the financially
and mentally abuse of minors and their families. The authors have analysed the significance of the Bosman
ruling and how it shaped the international transfer system in 2001. This paper aims at analysing the role
of CAS in interpreting the contents of Article 19 and giving it a strict construction regulating all clubs to
comply with the provision. The CAS through its judgments in Acuna2 and FC Midtjylland case3 has carved
out two exceptions to this rule, namely the parents rule4 and EU-EEA rule , which has made it all the
more  tough for clubs to sign young promising players. This paper looks at the complexities of the two
exceptions and how it affects the minors' careers. To appreciate the issue, the authors have made an in-
depth case study of Acuna case6 and how it has settled the transfer laws jurisprudence. The authors have
finally thrown light on the impact ofArticle 19 in the backdrop of developing and underdeveloped nations
who find it difficult to retain the local players from moving internationally and subsequently have to bear
the loss without accruing any external benefit.





1 A. v. Club Atlitico de Madrid SAD & Real Federaci6n Espailola de Ftitbol (RFEF) & Federation
Internationale de Football Association (FIFA), award of 10 October 2013 (A. v. Club Atlitico de Madrid).
2 Carlos Javier Aculia Caballero v. FIFA and Asociaci6n Paraguaya de Ftitbol, CAS 2005/A/956.
3Midtjylland v. FIFA, CAS 2008/A/1485.
4Article 19(1) (a) Regulation on the Status and Transfer of Players (hereinafter referred to as FIFA RSTP)
(2005).
  Article 19(1) (b) FIFA RSTP (2005).
6 Supra note 2.


121Page

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most