The Bosman Ruling and EU Law

Question:

What is the Bosman Ruling and how does it apply to both UK and EU employment law?

Answer:

The Bosman Ruling: An Overview

Background: The Bosman ruling is named after Jean-Marc Bosman, a Belgian professional football player. Bosman’s contract with his club, RFC Liège, had expired, and he wanted to transfer to a French club, Dunkerque. However, the transfer was blocked because Dunkerque did not meet Liège’s transfer fee demands. Bosman challenged this in court, arguing that the transfer and foreign player quota systems restricted the free movement of workers, a fundamental principle of EU law.

Key Points of the Ruling:

1. Abolition of Transfer Fees: The ECJ ruled that transfer fees for players at the end of their contracts were illegal. This meant that players could move to another club at the end of their contract without a transfer fee.
2. Elimination of Quotas on EU Players: The ruling also abolished the restrictions on the number of EU players that clubs could field. This allowed for the free movement of players within EU member states.

Impact on Sports and Employment Laws

1. Player Mobility and Contract Negotiations: Players gained more power in contract negotiations, as they could leave freely at the end of their contracts. This shifted some power from clubs to players.
2. Financial Impact on Clubs: Smaller clubs, which relied on transfer fees as a source of income, were adversely affected. Conversely, wealthier clubs could now sign players without transfer fees, enhancing their ability to attract talent.
3. European Integration in Sports: The ruling facilitated greater integration of European football, with an increase in the number of EU players in leagues outside their home countries.
4. Legal Precedents: The Bosman ruling set a legal precedent in the EU for cases involving the free movement of workers and had implications for other sports and employment sectors.

References

• Weatherill, S. (1996). ‘Bosman and the European Court of Justice: The Emergence of a European Labour Market for Sports Players.’ European Law Review, 21, 499-511. (Weatherill, 1996)
• Parrish, R. (2003). ‘Sports Law and Policy in the European Union.’ Manchester University Press. (Parrish, 2003)
• Greenfield, S., & Osborn, G. (2000). ‘Law and Sport in Contemporary Society.’ Frank Cass Publishers. (Greenfield & Osborn, 2000)