Hey there! Shounak here đ
Welcome to Issue #6 of Your Weekend Beer - a weekend newsletter that hits your inbox every Sunday. We are a community that helps you make sense of the business world of football - with a pint of Beer.Â
If you are new to your Beer club, you can check out your previous Weekend Beers here.Â
We are an inclusive community- if you have any inputs or ideas on topics that you want me to write on, feel free to get in touch. I reply to each and every message- in fact, I look forward to hearing from each and every one of you!!
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Before we begin, a quick update:
I have been running Weekend Beer for a month now - and itâs been incredibly rewarding. I have met with some incredible people along the way who have showered me with their love and blessings. For which I am incredibly grateful.
That being said, I have decided to change the structure of the newsletter a little.
Starting next week, the newsletter will still go out every week, only this time Iâll be releasing the main essay every 14 days, with a curated version going out every alternate week. Why this change? Itâs simple.
I value quality over quantity. The topics that I do a deep-dive on require hours of research and picking the right peopleâs minds. All of this, unfortunately, cannot be done in a weekâs time. Iâm learning a lot myself by running this newsletter and I want to do a good job doing it.
If we look at it from a monthly angle, the first and third weeks will be a curated newsletter which is a collection of interesting content I find on the internet including videos, podcasts, essays, books, etc.
The second and fourth weeks will contain the main essay along with a new section Iâll be introducing. (Thatâs a surprise btw).
This way, the Weekend Beer remains a weekly newsletter, and I get to do justice to the topics I write on.
I hope you continue supporting me - This has been an enriching ride and I hope we can continue on this wonderful journey together.
On to todayâs issueâŠ
Friends,
Imagine a situation. 16-year-old Javier is playing football on the streets of Venezuela. His mother is working as a maid struggling to make ends meet. His father is working two odd jobs to ensure that his family has food on their plate. The Nicolas Maduro led government does not make it any easier for the Hernandez family.
A scout from Real Madrid CF sees Javier play in one of the local tournament games, who sees promise in the young midfielder. He talks to Javierâs local club, asking for a transfer. Javier and his family are elated. They see a light at the end of the tunnel, hoping that better days await the Hernandez family. Dreams and reality, however, often run on divergent paths.
Article 19 of the FIFA Regulation on the Status and Transfer of Players (RSTP) has to be fulfilled if Javier wants to fulfill his dream to move to Madrid. According to this regulation, there can be no international transfer of players below the age of 18.
For Javier to move to Madrid, he has to show that he fulfills the criteria to avail the exceptions under Article 19(2) of the RSTP. However, it is easier said than done.
In 2001, âCommission condonedâ FIFA Transfer Rules, as well as a FIFA issued circular recognized the need to provide a stable environment for the training and education of players. This was done primarily to prevent abuse and exploitation of minors. The first step in this regard was to prevent the international transfer of any player below the age of 18.
Recognizing that an absolute transfer ban would be too radical, FIFA included four exceptions, under Article 19(2) of the RSTP. Fulfilling any one exception would suffice to ensure the legality of the international transfer of a minor.
The first exception provides that if the playerâs parents were to move to the new country for reasons ânot linked to footballâ, the transfer could be made possible. The intentions of the playerâs parents, therefore, for moving abroad constitute the key element to be considered.
In the case of Cadiz CF and Carlos Javier Acuna Caballero v FIFA and Asociacion Paraguaya de Futbol, the apparent lack of intention of the player to continue his education besides football, as well as the fact that the motherâs employment contract commenced much later than her sonâs, the Players Status Committee (PSC) found the case to be in total contradiction with the letter and spirit of the exemption. This interpretation of the PSC was upheld by the Court of Arbitration for Sport (CAS).
The CAS also addressed the question regarding the viability of the situation which the law created denying Carlos the chance to leave Paraguay. Carlos argued that by denying him the benefit of moving abroad, the law was depriving him of an opportunity to take a step further in his career.
The CAS, unfortunately in this case failed to tackle the issue head-on. It had the opportunity to examine a crucial question regarding the extent to which the law could be interpreted to accommodate the immediate needs of the player and his family. Is a strict interpretation really the approach to be taken when it comes to tackling the issues of the transfer of minors? Where can a line be drawn between protecting the interests of the players, and promoting the interests of the players?
These questions demanded legitimate answers and were attempted to be answered by the CAS in the case of Zohran Bassong & Anderlecht V. FIFA. Here, the CAS stated that the mechanical application of the regulations may contravene the interest of minor players and that an application is to be reviewed by looking at the facts and circumstances of each individual case.
According to the second exception, under Article 19.2(b), the transfer of a minor will be considered to be valid if it takes place within the EU or the European Economic Area and the player is at least 16 years old. The new training club, however, has to guarantee their sporting and academic education. The Players Status Committee would be the competent body to adjudicate on this matter.
In the case of FC Girondins de Bordeaux v FIFA, The CAS Panel held that although Article 19.2(b) FIFA RSTP contains a âterritoriality criterionâ, rather than a ânationality criterionâ the EU free movement principles could not be ignored. This observation is in line with the right to free movement of workers guaranteed under Article 48 of the Rome Treaty. The jurisprudence of the Sub-Committee also confirms that any transfer within the EU/EEA falls under the scope of the exception, and such, regardless of the playerâs nationality.
In 2007, the FIFA Commentary on the RSTP gives further clarity with respect to players from countries that, strictly speaking, are not EU/EEA member states, but which have concluded a bilateral agreement with the EU on the free movement of workers. Such players, shall, for the purposes of Article 19.2(b), be deemed to be players under the EU/EEA.
Additionally, the jurisprudence of the CAS as well as the practice of the Sub-Committee confirms that players located outside the EU/EEA but in the possession of a European passport may rely on this exception.
The third exception stipulates the transfer to be legal if the player lives within 50 kilometers of a national border, and the club is within 50 kilometers of a national border and the player and club are no more than 100 total kilometers apart. This exception was added by the FIFA Players Status Committee as a response to concerns raised by national associations, merely a year after the introduction of the new rules.
The two-part FIFA Circular is rather ambiguous in its explanation, stating on the one hand that minors in this situation can solely âtrainâ with the club situated across the border, while on the other hand introducing a full exception to the transfer. This latter view is however in accordance with the regulationsâ revision that entered into force on 1 July 2005.
The last exception provides that the transfer of a minor player, who has never been previously registered with the club, and is not a national of the country in which he wishes to be registered, will be valid if he has lived continuously for at least the last 5 years in the country in which he wishes to be registered.
Due to the increasing trend in terms of mobility and of families migrating from one country to another, a vast amount of children grow up and spend the majority of their lives in a country of which they do not hold citizenship.
The motive behind enacting the FIFA regulations was to prevent player trafficking and abuse. Yet the strict interpretation accorded by the CAS makes it difficult for young players who want to leave their country. Where football offers a chance to ensure livelihood for a family like Javierâs, strict compliance with the procedure makes it difficult to avail the exceptions.
However, itâll certainly be interesting to follow the developments in this space.
Until then...
Did You Know? đ€
Diego Maradona once played for Tottenham Hotspur?
Quiz đ§
Q: Which is the worldâs first Football Club?
Send in your answers by replying to us.
Now time for last weekâs answers:
Q: Who is the all-time top goalscorer in the Brazilian League?
A: Roberto Dinamite
Todayâs Quote đ
âOf course I didn't take my wife to see Rochdale as an anniversary present. It was her birthday. Would I have got married in the football season? Anyway, it was Rochdale reserves.â
- Bill Shankly
What Else Are We Reading đÂ
- An essay on the brief Qatari Stint with Spanish side Malaga FC that has recently laid off all its players.
- A history of two brothers and a rivalry of the ages: Adidas v Puma
-Why more football clubs are transitioning into e-sports
-For the first time in its history, FIFA has released a report on the workings of the Disciplinary and Ethics Committee
-This excellent Swiss Ramble thread showing that even though PSG lost the UCL final to Bayern, they are still likely to earn more than the German Champions.
Strike Of The Day âœ
Your Weekend Beer took us approximately 35 hours to brew. Phew!
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