The legal status of sportsmen and sportswomen under international, European and Belgian national and regional law / Roger Blanpain.
2003
JX5796.S B59 2003 (Map It)
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Details
Title
The legal status of sportsmen and sportswomen under international, European and Belgian national and regional law / Roger Blanpain.
Published
The Hague ; New York : Kluwer Law International, [2003]
Copyright
©2003
Call Number
JX5796.S B59 2003
ISBN
9041119809 (alk. paper)
Description
xviii, 287 pages : illustrations ; 25 cm.
System Control No.
(OCoLC)51020303
Bibliography, etc. Note
Includes bibliographical references (pages 281-282) and index.
Record Appears in
Table of Contents
List of Abbreviations
Some Striking Comments
Preface
Pt. I
Sport: Its Main Social and Political Elements
1
1
Importance of Sport
1
2
The European Model of Sport
2
3
Negative Aspects: Human Trafficking
5
4
Bosman: The End of the Transfer System?
9
5
In the Wake of Bosman: The Flemish Community and French Community Decrees
22
6
The Belgian Collective Agreement on the Terms and Conditions of Employment of Professional Footballers (12 June 1998)
23
7
Political Favouritism towards Football
23
8
Problems: Bosman Bypassed. Sale of Players during the Course of the Contract of Employment
24
9
About-turn: Footballers' Freedom Once Again Restricted
25
10
The Agreement of 5 March 2001 between FIFA and the European Commission
46
11
The FIFA Transfer Regulations: New Style
51
12
Assessment of the New Transfer System and Its Motivation
56
Pt. II
The Status of Professional Sportsmen and Sportswomen
65
1
Sources of Law
65
2
Classification as a 'Worker'
67
3
Employment of Foreign Nationals
72
4
Legal Capacity: Minors
73
5
Contract of Employment
74
6
Freedom of Movement for Workers. No Discrimination based on Nationality
76
7
Terms and Conditions of Employment
78
8
Fundamental Rights
82
9
Disciplinary Powers
86
10
Loan of Players
90
11
The End of the Contract of Employment
93
12
Transfer Fee
98
13
Training Compensation
99
14
Non-competition Clause
102
15
Dispute Resolution
102
16
Placement Services and the Status of Players' Agents
106
Pt. III
The Status of Amateur Sportsmen and Sportswomen
117
1
General Comments
117
2
Belgian Regional Law: The Flemish Community Decree of 24 July 1996
118
3
Belgian Regional Law: The French Community Decree of 26 April 1999
136
4
International Law: The United Nations Convention on the Rights of the Child
138
Conclusions
141
Annex I
Statement by Commissioner Monti on Football Transfers
143
Annex II
Press Report on Meeting with Football Leagues: 21 September 2000
144
Annex III
Letter from FIFA to Commissioner Monti
145
Annex IV
Negotiation Document (FIFA)
146
Annex V
International Transfer of Players under 18 Years of Age - Protection of Minors (FIFA)
150
Annex VI
The Education Package
152
Annex VII
Example (FIFA)
157
Annex VIII
Joint Statement by Commissioners Monti, Reding and Diamantopoulou and Presidents of FIFA, Blatter and UEFA, Johansson: Brussels, 14 February 2001
161
Annex IX
Letter from FIFA to Commissioner Monti
162
Annex X
Letter from Commissioner Monti to FIFA President Blatter
163
Annex XI
Outcome of Discussions between the Commission and FIFA-UEFA on FIFA Regulations on International Football Transfers: Brussels, 5 March 2001
164
Annex XII
Joint Press Release by FIFA and FIFPro: 31 August 2001
165
Annex XIII
Letter from Commissioner Monti to the President of FIFPro
166
Annex XIV
Principles for the Amendment of FIFA Rules regarding International Transfers
167
Annex XV
Complaint by SETCA to the European Commission regarding the FIFA Circular (1997) - Prohibition of Transfer during the Course of the Contract. The Position Adopted by the Commission
176
Annex XVI
FIFA Statutes
191
Annex XVII
FIFA Regulations for the Status and Transfer of Players
214
Annex XVIII
Regulations Governing the Application of the Regulations for the Status and Transfer of Players
233
Annex XIX
FIFA Circular No. 769
244
Annex XX
Players' Agents Regulations
265
Annex XXI
Composition of the FIFA Dispute Resolution Chamber
280
Bibliography
281
Index
283