The Football League is considering a ban on all foreign loan players, a move which would threaten Roland Duchâtelet's European network model. The proposal is one of a number now out for consultation with all Football League clubs as a response to the work of Greg 'Roland Rat' Dyke's FA Commission. At present League clubs are permitted to sign only eight players on loan from overseas clubs over the course of a season, while only five loan players of any origin can be name in a match day squad.
The League is also proposing a significant increase in the number of home grown players that must be in each match day squad with a minimum of nine next season to rise to eleven in subsequent years. They also plan to stipulate that two of the seven substitutes must be under 21, a rule that would not threaten Charlton as we often use young players from the Academy anyway, something that Roland very much endorses.
My immediate thought was that one could to some extent get round this by signing players from elsewhere in Roland's stable on one year contracts for a nominal fee. Using her legal skills, Katrien should also study the proposals in detail, in the first place to challenge them. However, as they require the support of only 51 per cent of all clubs, they are likely go through.
It's a moot point whether they are compatible with the right of freedom of movement of labour within the European Union as confirmed by the Bosman judgment. Presumably it could be argued that it doesn't extend to temporary moves, but I am unsure what the legal position is and in any event it is something that could be tested in the courts.
6 comments:
There's nothing in this either.
1) The whole ethos of the EU forbids any restraint of trade between member states
2) Lawyers employed by football clubs are all far sharper than any football administrator and if loans aren't allowed they will just become transfers - transfer fees will remain matters only for the 'selling' and 'buying' clubs.
One therefore wonders why the Football League are wasting their time circulating these proposals. But I suppose there is a short answer to that.
If a player is on a 3 year contract at Liege and Charlton want him for one year on loan, the player is unlikely to agree to a short term 1 year contract at Charlton for a nominal fee. His employment rights would be severely diminished. A player wouldn't always be happy with working under the differing labour laws that different countries have, etc. Loans do fulfil a purpose and it wouldn't be particularly easy even for company lawyers to find an equally appealing alternative.
That said, I do agree that EU laws make some of these protectionist capping of foreigners proposals a moot point.
Thanks, you are undoubtedly right about the three year contract position. It would be different for a player who was coming out of a development contract. Initial professional contracts at Charlton are typically for one year, better that than nothing.
Forget all this and worry about the intention not to give Sir Chris a new contract
When Katrien was asked about this issue recently by a fan, she smiled and moved on. However, I would expect the negotiations to take some time and they may be affected by the relegation battle.
Post a Comment