The Contractual Dynamics of Team Stability Versus Player Mobility: Who Rules 'The Beautiful Game'?
The specific focus of this article is on present and future contractual relations between footballers and their clubs, with an examination of arguments that players should have the 'right' unilaterally to terminate contracts providing compensation is paid to the current club. The article a...
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| Format: | Article |
| Language: | English |
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University of Westminster Press
2016-06-01
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| Series: | Entertainment and Sports Law Journal |
| Subjects: | |
| Online Access: | https://www.entsportslawjournal.com/article/id/761/ |
| _version_ | 1811212837057462272 |
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| author | Tarik Sabry |
| author_facet | Tarik Sabry |
| author_sort | Tarik Sabry |
| collection | DOAJ |
| description | The specific focus of this article is on present and future contractual relations between footballers and their clubs, with an examination of arguments that players should have the 'right' unilaterally to terminate contracts providing compensation is paid to the current club. The article also seeks to make sense of the changing relationship between players and clubs within the cultural and economic transformation in football - particularly with regard to the issues of the traditional self-regulation of sports governing bodies and the implementation of effective internal governance. The major contentions of the article are that the current transfer system in the domestic leagues should be reformed along the lines of the current FIFA rules; Transfer windows should be abolished and the rules defining what constitutes an unlawful approach to a player should be significantly revised. Finally, resolution of the tensions between self governance and external regulation could be achieved by the application of reflexive regulatory theory to abolish, or at least reform, the transfer system throughout the EU. |
| first_indexed | 2024-04-12T05:36:00Z |
| format | Article |
| id | doaj.art-bc7edff0ffa84d41bdee16ac4809af72 |
| institution | Directory Open Access Journal |
| issn | 1748-944X |
| language | English |
| last_indexed | 2024-04-12T05:36:00Z |
| publishDate | 2016-06-01 |
| publisher | University of Westminster Press |
| record_format | Article |
| series | Entertainment and Sports Law Journal |
| spelling | doaj.art-bc7edff0ffa84d41bdee16ac4809af722022-12-22T03:45:51ZengUniversity of Westminster PressEntertainment and Sports Law Journal1748-944X2016-06-015110.16997/eslj.74The Contractual Dynamics of Team Stability Versus Player Mobility: Who Rules 'The Beautiful Game'?Tarik Sabry0Communication and Media Research Institute University of WestminsterThe specific focus of this article is on present and future contractual relations between footballers and their clubs, with an examination of arguments that players should have the 'right' unilaterally to terminate contracts providing compensation is paid to the current club. The article also seeks to make sense of the changing relationship between players and clubs within the cultural and economic transformation in football - particularly with regard to the issues of the traditional self-regulation of sports governing bodies and the implementation of effective internal governance. The major contentions of the article are that the current transfer system in the domestic leagues should be reformed along the lines of the current FIFA rules; Transfer windows should be abolished and the rules defining what constitutes an unlawful approach to a player should be significantly revised. Finally, resolution of the tensions between self governance and external regulation could be achieved by the application of reflexive regulatory theory to abolish, or at least reform, the transfer system throughout the EU.https://www.entsportslawjournal.com/article/id/761/‘ tapping-up’transfer windowsreflexive lawsports governancefootballers’ contractsTransfer systems |
| spellingShingle | Tarik Sabry The Contractual Dynamics of Team Stability Versus Player Mobility: Who Rules 'The Beautiful Game'? Entertainment and Sports Law Journal ‘ tapping-up’ transfer windows reflexive law sports governance footballers’ contracts Transfer systems |
| title | The Contractual Dynamics of Team Stability Versus Player Mobility: Who Rules 'The Beautiful Game'? |
| title_full | The Contractual Dynamics of Team Stability Versus Player Mobility: Who Rules 'The Beautiful Game'? |
| title_fullStr | The Contractual Dynamics of Team Stability Versus Player Mobility: Who Rules 'The Beautiful Game'? |
| title_full_unstemmed | The Contractual Dynamics of Team Stability Versus Player Mobility: Who Rules 'The Beautiful Game'? |
| title_short | The Contractual Dynamics of Team Stability Versus Player Mobility: Who Rules 'The Beautiful Game'? |
| title_sort | contractual dynamics of team stability versus player mobility who rules the beautiful game |
| topic | ‘ tapping-up’ transfer windows reflexive law sports governance footballers’ contracts Transfer systems |
| url | https://www.entsportslawjournal.com/article/id/761/ |
| work_keys_str_mv | AT tariksabry thecontractualdynamicsofteamstabilityversusplayermobilitywhorulesthebeautifulgame AT tariksabry contractualdynamicsofteamstabilityversusplayermobilitywhorulesthebeautifulgame |