Chapter 1. OPERATIONS
SUITABLE FOR FOOTBALL.
The clean operations concern, contrary to the induced
operations which are the consequence of the economic development of the
practice of football, the whole of activities mentioned below which are carried
out for the survival and of the profitability of the sport. They are such,
because they are the direct work of the leaders of football and dictations of
the kind by sporting logic.
Section 1. THE
INTERNATIONAL TRANSFER OF THE PLAYERS.
If football wants to be a sporting discipline, the transfer,
in constituted with the length of the ages the commercial branch to him which
gives the character of business today to him. It became about it the spearhead
of internationalization. In fact, considered already by the European Court of
justice an economic activity, and thus in front of subjecting itself to the
application of the legal provisions posed by the treaty constitutive of what
became the European Union (Businesses 36/74 Walrave against UCI, in Rec. 1974,
p. 1405 ; Business 13/76 Donà counters Mantero, Rec. 1976, p.
1333 ; Business 222/86 Heylens counters Unctef, Rec. 1987, p. 4097 and the
C-415 business/93 known as Bosman of December 15, 1995), the sport, and leaving
football, can integrate all the economic laws for the increase in the profit
and success. The particular case of football is rather eloquent. It knew to set
up a system of transfer which, although prone to controversies lately, always
succeeded to him. The President of the FIFA, Mr. Sepp Blatter it did not
recognize it on several occasions, in reaction to the European Commission
proposals tending to make completely reform the operation of this system
currently in force, considered to be contrary with the provisions of European
Community legislation.(http://fr.sports.
Yahoo.com/000901/1/mblz.html).
The transfer is, today, an inexhaustible topic of discussions
and reflection. That one speaks about international, continental federations or
main roads of car, basic-ball, from tennis shoe, cycling, football, hockey, ski
or other sports of this scale, that it is a question of the system of marketing
of the leagues of football and or the sporting clubs in general, of the
financial power of the sporting teams or certain sportsmen, individually, one
of certain daily newspapers relaying with length of the days the sporting
events or the tearing files the clubs, from fusions and acquisitions in the
sporting world, unceasingly returns the question of transfer of the players. It
is not there a simple question of mode.
The problems arising from the existence and the operation of
the system of transfer of the players of football are the occasion, lately, of
debates, often rough and quite relevant. In fact, the European Commission
considers the system in force of the allowances, more and more mirobolantes, of
transfer like degrading for the players and inhuman for young people of them,
thrown to the street when they do not promise juicy financial appreciations.
For the Commission, the footballers must be governed by the common law wanting
that a worker in contract at given duration can break it when it wishes it
against payment of an allowance equal to the amount of the wages which would
remain to him to be perceived at the date of the cancellation. However,
vis-a-vis criticisms of the European police chiefs considering scandalous the
current practices of football where the players are treated in goods, the
President of the FIFA Joseph Sepp Blatter predicted « end of the
exorbitant allowances of transfer ». But, the sport profits from a
broad support of certain political authorities.
1. 1. The INTERVENTION OF the
POLICIES :
Football business always counts on its ally and faithful
political circle. In spite of the pressure of the European Union on the
authorities of football envue to modify the system of the transfers of the
players, those did not lose their old reflex to request the support of the
political authorities of the same union. But, the unanimity in the manner of
tackling the subject is far from being acquired. Thus beside the support open
and declared authorities political German and British, one can also note the
remarkable prudence of the French Minister for Youth and Sport.
1.1. a. The DECLARATION OF SUPPORT FOR the SYSTEM OF
the TRANSFERS.
And surprising seems to remain the Joint Declaration of the
German Chancellor and English the Prime Minister reproduced hereafter :
« Professional football enjoys in our two countries a proud
tradition. All the clubs are deeply enracinés in their towns of origin,
and the inhabitants all are, proud of «their» club. Football causes
enthusiasm. The fans are identified with their clubs. We do not want that that
changes. The European Commission does not agree with the system of transfer and
the methods of the current contracts of employment in remunerated football.
From the point of view of freedom of movement for the workers, it considers
modifications of this system to which the clubs are opposite. The existing
system is certainly not perfect. We fear however that a radical reform has
negative effects on the structure of European football. We have concern in
particular for the small clubs whose existence is likely to be threatened. This
is why we think that it is necessary to find a solution which takes account of
the justified interests as well players as of the clubs and the federations.
Naturally, our federations of football must submit alternative proposals to the
Commission. We are delighted that the Commission granted time necessary to
them. We are pleased owing to the fact that the Commission either lends to
cooperate with the representatives football to find a solution which can
satisfy everyone. We are ready to bring a help in the search for solutions. The
clubs need a safety of planning for the promotion of the young footballers and
the constitution of their teams. They need a system which guarantees a healthy
balance and gives chances equal to all. We hope that the Commission will take
account of the particular situation in professional football in the search for
a payment of the system of transfer. » (Gerhard Schröder and
Tony Blair, Communicated n° 425).
1.1.b. RESERVES CAREFUL OF THE
FRENCH.
Pareillement, Mrs Buffet " (2000), French Minister for Youth
and the Sports, and president in exercise of the Council of Ministers Europeans
of the Sport was careful while deciding at the same time against the status quo
and a hasty deregulation of the system of the transfers in football.
« I believe, says it, that a status quo in this field (of the
transfers) would be unacceptable. I believe very as much as it would be
prejudicial to remove the existing system without to have evaluated all the
consequences in the sporting plan... I divide of them the aggravation of the
Commission as for the indecent amount of certain allowances of transfer. I am
convinced that it is necessary to substitute for the current system a mode
indemnitee based on an economic and sporting base real. I also believe that it
is necessary to protect the minors against abusive commercial
transactions ».
All this rhetoric around the transfer informs would be this
only partly the stakes of a sector which gives enough breath to the clubs and
the sportsmen federations. For us audacity to far solve a question as complex
as it does not appear, and where the positive and negative aspects do not
predict any, in any case, immediate disappearance. To better interpret the
definition of the transfer, one realizes immediately that the system passes for
a stage inherent in football. This debate impassions as much as it poisons
sometimes the relations between political and sporting authorities. Africa,
however more than ever concerned, seems to be voluntarily isolated for it.
1.2. AFRICAN DUMBNESS.
Whereas the topicality on the change or not of the current
system of the transfers lately makes the chronicle of the near total of
information on football, Africa did not always react. That is all the more
surprising that this continent, although equipped with young people
talented, still undergoes enormous discriminations on the
level of the cost of the transfer of one of its natives of Africa towards
Europe. It is thus time that all these problems make known also the point of
view of the black continent.
Paragraph 1. Definition of the
transfer.
For better including/understanding than is the transfer of the
players of football, we borrow the terminology that the leading authorities of
this sport forged some. In the jargon footbalistic, it is at the top of the
hierarchy of the discipline that the concept appears. The FIFA (1999) rule, in
its article 34 the transfer operation. This article, relating to attributions
of the Commission of the statute of the player, lays out that this one has in
particular as a mandate to give notice, for the executive Committee, on the
interpretation of the statutory and lawful provisions having milked to the
qualification, the statute or the transfer of the players.
Charter constitutive of the institution of world football, the statutes of the
FIFA did not define the transfer, with the turn of which, however, all the
dimension of the internationalization of football is conceived.
On the other hand, the payment of the FIFA concerning the
statute and the transfers of the players, who poses the principle of transfer
without defining it either, have, nevertheless, the merit to brush the
framework of the course of this operation and to specify nature of it. It
provides that the players can leave their respective national associations to
go to play in clubs of football affiliated to other national associations.
But the clear, precise and synthetic definition is proposed to
us by the Belgian royal Union of the companies of football association, URBSFA,
in its payment y related. According to it, «a transfer is the operation
which makes it possible an affected associate to obtain an assignment change or
a temporary qualification for another club ».
(Urbsf, 1996, p.1). In this passage of a national association
towards another, the international certificate of transfer is the indispensable
condition (FIFA, 1997). The acquisition of the players causes expenditure, just
like their sale makes return of important sums in the case and the economy of
the club. The cost can even be important.
1.1. The cost of the
transfer of the players.
By establishing that the transfers, of which it allows the
realization all the federations and other associations of football, are
economic contracts (Article 5, subparagraph 2, payment), the
FIFA thus instituted the commercial nature of the operation. It follows that
the faculty which the player of a team affiliated to a national federation of
football given has to evolve/move from now on in another team, itself
affiliated with another national federation, has financial incidences some, but
from which the width comes to know a spectacular rise lately. On this subject,
and speaking about the market of French summer of sale and purchase about the
players, TELO Laurent (2000) written in the French sporting magazine, the Team
that « the course of the player is even higher than last year. The
prices become excessive. »
The clubs of football are useful of the transfer to recruit
their players. The search for better talents does not save the clubs any corner
of the world. The rare species, pure race of ebony are sold at great price. At
once, on the gradual rise of the amounts of the transfers, the observers and
analysts worry about the phenomenon : « The transfers
always existed. But, in the year 2000, a new era opens. That of the higher bid,
temptations. » (Thibert Jacques, 2000).
Currently, the word rhyme transfer with
«million », as the evocative title of this article indicates
it «foot... the return of the cramps and the million »
(HENNION Blandine, 2000), so that in spite of the aspect mirobolant or
exorbitant allowances which result from this, this operation does not remain
less one ankle oiled which makes turn to wonder the principal wheel of any
presence abroad of the teams and clubs of football. At the strong time of the
lawsuits between Urbsf, the FC Liege and Mr. Bosman, the first underlined on
several occasions that the system of transfer was «angular stone of
the structure which regulates football » (Blanpain Roger, 1996, p.
17).
That is confirmed each day. No team could, so really it wanted
to be professional and competitive, to do some. The entry of the investors in
the world of football business made only amplify the capacity of the teams of
professional football to obtain better players. A true strategy of acquisition
develops within the clubs, even least famous. The latter, them, are used in the
majority of the cases to carry out the recruitment of the players and to ensure
of it the resale near most professional. They are regarded as ceaseless
providers of large clubs of football. However, although gone flourishing, it is
worth the sorrow to announce that the transfer is dependant on the degree of
development of football ; itself dependant on much on other factors, in
particular policy, economic, social and cultural. In Africa, it causes seldom
entry, ticketting, the subsidies and the gifts being always the ordinary
sources of the receipts of the clubs.
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