G-14 and others Vs UEFA

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Thanks Alex, this was one of the first documents that I thought of… If anyone else is further interested in relevant contributions and a collection of material written on the subject, as well as looking at exemption arguments from both sides of the pond, please advise.

A twist on the matter is this, from the basketball side:
Unlike G-14 and/v. UEFA/FIFA, ULEB (organizing the Euroleague and ULEB Cup) after a period of breaking away (2000-2004) had joined forces with FIBA Europe (the European arm of the international basketball federation, FIBA). Recently (Spring and summer 2007) we almost came close to another fallout, which could be elaborated if you are interested (essentially dealing with controls and restraints FIBA Europe imposed on ULEB and the latter agreed upon). This formal position, though, may signify an immediate “break-up” as FIBA Europe’s president, George Vassilakopoulos — V. for short – is one of the most avid supporters of an exemption and ISFs allowed to roam as deemed appropriate. There is sure to be a formal reaction triggered by this letter.

FIFA Executive Committee to NSFs on citizenship v residence — Participation on National Teams for Intnl Competitions

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Paul and Jack’s discussion sure has been memorable, I never thought that post would lead to such interaction. Attending to the matter of the post, indeed, my understanding and interpretation is this, and FIFA appears for some time now not assuming FIBA’s more intense stance in re: participation on national teams:

- FIFA does oblige the clubs to release the players and this is the whole criticism from the G14 and the supporters of the Oulmers case, especially considering his case, of an injury sustained during national team competition, resulting in the player being unavailable for club play due to the incapacitating injury… It does appear, and the colleagues who are closer to this can advise us, that the dialogue b/t Platini, UEFA, the G14 and other clubs and players representatives (what does FIFPro do during this anyway, are they included truly?), may lead to more safety nets in re: insurance, some form of club representation in the process, essentially treating the Oulmers case before the courts do, unless they burnt the bridges they started building again…

Cotonou Agreement application in EU sport labor — DK

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(More Cotonou discussion archives available upon request)

Yes it’s an interesting story. What strikes me besides the legal issues is
that the Cotonou agreement has been in force since 2000 and it is not until
now that a club, and a small club, raises the issue. Not even the major
clubs in Denmark that have full time lawyers on their staff noticed this. I
guess it just goes to show that the level of awareness of rights is still
very low and the unclear legal frame in European sports a very pressing
issue to be dealt with – difficult to make regulations when you can’t
foresee the EU’s actions.

Tassos, thanks for pointing out this very interesting issue. I’d gladly
clarify the case:

Randers FC, a Danish Superleague club, posed a question to the Danish
Football Federation, DBU, for them to confirm that they could put all their
African players on the field at the same time. They referred to the Cotonou
agreement as well as DBU’s regulations that state that: a team in the
tournament can use an unlimited number of players with citizensship from the
following countries: (1) EU countries (2) EEA countries Norway, Iceland and
Switzerland (3) the countries that at any time may have entered into an
official coorperation or association agreement with the European Union (my
translation).

The DBU sought legal counselling and the answer was clear that the current
African players for Randers FC could all be on the field at the same time
seeing that the Cotonou agreement falls under point 3 in the DBU
regulations.

The DBU has acknowledged that their regulations might not have foreseen this
situation. This season they have to allow Randers FC to put their players on
the field, however they are looking into changing their rules to “close this
gap” in their regulations. They will be looking in to different
possibilities in the near future with their eye on their European neighbours
where salary minimums, sports or geographical criteria are used to limit the
number of non EU players.

Since the case did not go to court there are no transcripts it’s a pure
administrative decision.

Should you need any further information on the case please do not hesitate
to contact me, I’ll see what I can find.

Best regards
Bettina Kuperman, LLM
TSE Consulting

IAAF/SEGAS/Kenteris/Thanou — CAS

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I wish to thank Greg for taking the time to respond. It truly means a
lot to our colleagues researching the legal issues involved. It also
says a lot about Greg, considering all the time constraints and
multi-faceted obligations of these days.
Once more warmest compliments on a commendable, superb job!

As we are in the education business of young people, it is my belief
that young scholars and lawyers have a whole lot to learn from the
preparation, argument, and consistent defense of this case. It would
be fascinating to hear Greg speak to our students in regard to all the
personal as well as professional demands this case posed, and all the
ramifications such a case may have for the counsel and his/her
social/professional environment...

Euro-sport policy reform — IEFR

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(More archives available upon request)

Here in the US the NCAA has introduced limits in the #s of games and
hours that Student-Athletes (SAs) would be involved in training... And
naturally we can go into lengthy discussions in regard to what
historically was wrong or right with the implementation of such
policy, as well as entertain thoughts many critical theorists do here
in the US in re: circumvention of such policies in theory, by means of
e.g. "strongly recommended 'voluntary' sessions" for weight training,
skill development in individual training etc...
Although I have seen what the maelstrom of never-ending feedback can
do to a kid that is developing to be a good talent in sport both here
and in Greece, I have but one concept to pose, and it is the one we
all strive for in our discussions and lives as well: balance...
While still coaching in Greece as an assistant coach on the pro-club
and national team level, I sadly witnessed many cases of those 17-18
year-olds that had been given so much feedback, had received so much
training, etc from say the age of 6 or so, that when the moment came
for them to make the next transition to the world of truly fierce
competitive sport (i.e. professional sport) they were burnt out,
physically, as well as mentally...