Bosman ruling

From ArticleWorld

The Bosman Ruling is used in football to allow players at the end of their contracts to move without a fee to other clubs. The ruling was introduced to the game after a Belgian player Jean-Marc Bosman took his case to the European Court of Justice having been denied a transfer by his club, despite being out of contract and not being involved in the first team.

The Ruling

The Bosman Ruling is a rule that was designed to protect EU players who had found themselves out of contract. Jean-Marc Bosman took his case to the European Court of Justice in Luxembourg, having had his wages cut by Belgian Second Division club RFC Liege, following a failed bid to buy the player by French club Dunkerque. Bosman had an extended court battle, which lasted from 1990 when he was denied the move up until December 15th 1995, when he successfully sued for restraint of trade. This groundbreaking ruling changed the transfer system of modern football significantly, with players finally able to leave clubs at the culmination of their contract. The ruling also stipulated that there should be no limit to the number of EU nationals allowed playing in European competitions. Previously in competitions such as the UEFA Champions League clubs were limited to three foreign players.

Problems

The Bosman ruling has been received warmly by most but cracks have appeared in it’s reasoning. It has given immense power to players and has resulted in many clubs receiving no money for players worth a significant amount of money. Players use the threat of a free transfer to obtain better contracts something that clubs have been increasingly unwilling to do, due to some immense contract demands. The threat of a Bosman free transfer has also meant that transfer fees have become increasingly erratic. Players nearing the end of their contract may be purchased for far less than they are ‘worth’, caused by clubs fear of losing a player for nothing. This was particularly evident in the transfer of Michael Owen from Liverpool to Real Madrid, Liverpool were forced to lower their asking price because it was feared that the player may leave without the club receiving a penny. Similarly the law had to be amended so that young talent could not simply be signed up from a club who has nurtured and developed the talent. Teams must be compensated for the market value of a young player if they choose to move at the end of their contract, only if they are released may they be obtained for free.