FIFA reported this Monday that it will open a global dialogue with the main stakeholders on article 17 of the Regulations on the Status and Transfer of Players (RETJ). The purpose of the debate is to “improve the transfer system for footballers” and adapt the article after the commotion caused by the Lass Diarra case, to whom the judge agreed in the conflict between FIFA and the player for not having allowed the Frenchman to sign for Belgian side Charleroi.
The article refers to the “consequences of breaking contracts without justified cause” and FIFA wants to open a debate with “the objective of formulating consolidated proposals and defining the next steps,” says the organization’s statement. Emilio García Silvero, director of FIFA’s Legal Services and Compliance Division, explains that the organization “hopes to continue developing its regulatory framework, for which the opinions and contributions of all interested and affected parties will be taken into consideration.”
FIFA will open a global dialogue on the transfer system, involving key stakeholders, to adapt article 17 of the Regulations on the Status and Transfer of Players (RSTP).
This announcement follows on from the decision of the Court of Justice of the European Union on the Diarra… pic.twitter.com/T75UOIaYda
— FIFA (@FIFAcom) October 14, 2024
This response from FIFA comes after the Lass Diarra case. In 2013, the French footballer signed a four-year contract with Lokomotiv Moscow (Russia). In August 2014, the club terminated the agreement and asked the FIFA Dispute Resolution Chamber to order the athlete to pay compensation of 20 million euros for breach of contract. The Russian team alleged that Diarra did not attend several training sessions by his own decision. Instead, the midfielder argued that Lokomotiv removed him from the team due to his performance.
After having terminated his contract with the Russian club, Diarra reached an agreement with Belgian side Charleroi, but FIFA prevented his signing due to the unpaid debts he had with the Russians. The Frenchman took the case to the Belgian justice system and the Charleroi Commercial Court agreed with him in 2017. After that ruling, FIFA and the Belgian federation took the case to the CJEU, which maintained its opinion with the final report and gave the reason to the footballer.
Now, FIFA is forced to change part of article 17 of the regulations, although García Silvero emphasizes that the key aspects of the transfer system “will not be affected” by the CJEU ruling and has assured that “if the players wish to free themselves from a contract, there will be economic consequences.” In addition, to ensure that “if a club wishes to sign a player under a valid contract, it will often still be necessary to pay the transfer bonus,” García Silvero concluded.
