UEFA home-grown rule 'open to legal fight'
UEFA’s legislation imposing a minimum number of home-grown players on clubs is open to challenge in the courts for being against European Law, according to a legal expert.
From the start of the new season, each side playing in European competitions must have at least four members of their 25-man squad who have been registered with them over three seasons between the ages of 15 and 21 – such as teenager Cesc Fabregas at Arsenal – or at another club within the same country.
The rule is set to be implemented gradually, and is scheduled to be increased up to eight by 2008.
It is hoped the policy will eventually be taken on board by all domestic sides and not just those playing a direct part in UEFA competitions.
Europe’s governing body believe the system to be legal because “it is a sporting rule, not as a restriction, to develop and promote young players.”
While there are sometimes exemptions from EC law to certain categories of ’sporting rules’ – it remains to be seen whether this is one of them.
Ian Lynam, an associate at London-based international law firm Slaughter & May, recently published a paper in World Sports Law Report on the issue.
He firmly believes this UEFA statute would not stand up to scrutiny in the courts.
Lynam said: “The key issue is that it is an indirect discriminatory restriction in breach of European Law on free movement of workers between member states, which is Article 39 of the EC Treaty.
“On its face the rule does not discriminate based on nationality, but it has the effect of discriminating because the likelihood of someone being a home-grown player is much higher if they are from that member state.
“If you are a young kid growing up in London the chances are that between the age of 15 and 21, you are much more likely to train in London than you are in Italy.
“What is usual is players move in their 20s, and at that stage they cannot qualify as home-grown in their new country.
“As a certain number of squad places for the season are reserved for these home-grown players, if you are not a home-grown player in that particular member state, then your job opportunities are limited, so you are being discriminated against.
“The European Parliament commissioned a paper on the UEFA rule last year, which came to the conclusion it was illegal.”
However, Lynam feels unless a test case is brought – as was with Bosman which resulted in sweeping changes to the European transfer system – then there is little chance of the rule being rescinded.
He added: “UEFA’s level of legal analysis probably stopped at the point of ’well, is anyone actually going to challenge this?’.
“Maybe people are not that aware of the rule and the affect it will have.
“When it is up to eight players, maybe then a club who are annoyed enough about it will say ’hold on’ and look to bring a case.”
Lynam accepted: “It is a question of whether someone would actually challenge this.
“To me it is clearly an illegal rule and is in breach of European Law – and if enough people become aware of it, then maybe pressure will be put on UEFA to change it.”
