"UEFA's proposal to require clubs to field 'home-grown' players in
their match squads is illegal."

I am looking to do a very thorough investigation into the current
proposals from UEFA regarding clubs including a certain number of
players in their squads for UEFA matches.  The investigation is
heavily based on legal arguments only so I am looking for case law,
precedent and examples all relating to the field of European Football.

Definition:

A home trained player is either club trained or association trained.
CLUB TRAINED: A player trained at that club for 3 years between the
ages of 15 and 21.
ASSOCIATION TRAINED: A player trained at a club in the same
association for 3 years between the ages of 15 and 21.

The Proposal:

In all UEFA competitions a club has to name a 25 player squad list. 
UEFA want to introduce an enforcement that 4 of these players must be
home trained.  Then over 5 seasons to progressively increase this
number to 12 home trained players.



In order for the investigation to be balanced I need evidence/opinion
to say that this is both legal and illegal.   Areas to consider will
be:

Indirect discrimination:  More likely that home trained players will
be of the same nationality as the club.  Proposal cannot be based on
any type of discrimination.

Free Movement Laws in the European Community:  Articles 39/49 of EC
Treaty.  Free movement of workers and freedom to provide a service. 
do the proposals follow the legal frame work?

Is there a restriction on free movement?
Is the restriction justified on the basis of legitimate objectives?
If so, are the proposals proportionate?  Is there a less restrictive
way of achieving the objectives?

Anything else you can think of!!  All arguments have to be backed up
with either European Law, British Law, case law or examples in a
football context.

I have found cases such as Kolpak to use as in a similar context. 
Anything like this will be great as well.

Any further questions then please ask.

---

Clarification of Question by dontam-ga on 25 Mar 2005 07:59 PST

I have had a good look around and what I am looking for is the legal
strengths and where it can be legally challenged.  There are quite a
lot of places to find opinion on the whole topic.

I AM NOT AFTER OPINIONS ON THE SUBJECT! :D  Just to avoid a load of
links that I have already got.  Everyone from Chairmen, the BBC, The
PFA, UEFA all have their own opinion on it. I am looking for strickly
legal response and analysis sticking to the basic question of whether
or not it is legal.

---

Request for Question Clarification by easterangel-ga on 25 Mar 2005 11:27 PST

Hi!

Yes there seems to be a lot of articles having an opinion about this
rule. Just to make sure so as to help researchers who may want to
answer this one, which do you require?

a. Legal opinion by researchers?

b. Articles with legal opinion even by non lawyers?

c. Or you want cases that can be cited as a precedent if these UEFA
rules are challenge in court?

Thanks!

---

Clarification of Question by dontam-ga on 25 Mar 2005 12:20 PST

hi,

All points must be backed up with legal reasons.  For instance
examples of sports associations being challenged under European
Community freedom of movement law.

I dont mind opinion as long as its I think.......BECAUSE..... with a
clear legal reason behind it.

This investigation is totally from a legal standpoint and as we all
know, law is based on statues and precedent.  You cannot just say
whether you think something is right or wrong - you need to base
statements on solid legal foundations.  As long as the researcher can
do this I dont mind whether the point is from them, a non-lawyer or
cases.  Obviously the more cases the better!

---

Request for Question Clarification by easterangel-ga on 25 Mar 2005 14:39 PST

Hi again!

I haven't been able to find substantial information regarding this
matter so I am opening this up to other researchers.

Thanks!

---

Clarification of Question by dontam-ga on 25 Mar 2005 15:59 PST

ok thanks for trying!

Dontam,
Just to clarify  - perhaps for others:  As I understand it, the UEFA
proposal only applies to UEFA competition matches:  EUFA Cup, European
Championship, etc.
Is that correct?  
Then it is just a condition for naming players for individual games
and is no restriction on employment or free movement laws (and the
latter do not guarantee employment, just that EU residents may be
employed).  Manchester and Real Madrid can still hire as many
non-nationals as they want, but under the proposal could not nominate
a squad that was made up entirely of them.
But since I doubt that any club's contracts with its individual
players guarantees that they will be nomiinated for any specific game 
- or number of games, or for international matches -  the proposal
would not impinge on the contractual or other legal rights of the
individual players.

My apologies for just posting an opinion, but perhaps it will suggest
something for legally-based responses to your question.

yes you are correct.  The proposal only appies to UEFA games (champs
league and UEFA cup) and does not affect domestic leagues even though
it is a recommendation.  It only is concerned with the 25 man squad
and not the players that actually play the games.

The arguement is that it is indirectly discriminate in that it will
favour players of the home nation when they seek employment.  if you
have arguments for or against this with cases to back it up then great
- bring it on!

Thanks, I understand your concern, but if the proposal is enacted,
even down the road with 12 home-trained players on the game roster,
the coach can still field a team with his best foreign players, and
make a couple of substitutions before he sends on a local boy.  To me,
that hardly sounds like indirect discrimination against foreign
players.  If they are good enough to make the first line-up, they get
nominated and most of them will get to play.  Sure, the 14th and other
?weaker? foreigners will not be nominated, but they are still getting
their pay check, and somewhere in sports, it finally comes down to
individual talent.

I perceive the proposal as being an effort to counter the
discrimination in pro soccer against local players, who have a poorer
chance of making the first squad because of the financial pressure for
success on the clubs to "buy" more experienced players in the hope of
winning.  Sorry, I realize that that is not an argument to support
what you are looking for.  Maybe the UEFA really did their homework.

I don't think there is anything illegal so far as employment laws are
concerned.  The fact that the law will only apply to a certain number
of games means that the clubs aren't strictly speaking required to
violate any free movement or employment regulations.