The present post diverts slightly from its usual reference to specific issues of sports law and refers its readers to more generalised concepts of football governance, by focusing on club policy and decision making, regarding player recruitment/evaluation. Inevitably, the analysis draws on the importance of the doctrine of commodification and considers how such doctrine affects the internal relationships in a club, as well as the club's relationship with its fans and supporters.
I have just finished advising on a dispute between a professional football player and a premier league club in a major European league. The dispute was settled between the parties, a few days before commencement of legal proceedings. In many ways, this dispute highlighted the lengths the parties to the dispute are prepared to follow, in order for them to achieve a pre-mature termination of the contract of employment.
We could all agree that the increasing commercialisation of sport gives rise to a number of opportunities for a quick profit. Football is not different and its commodification and enormous commercial value have created the basis upon which quick deals could be established and millions of pounds could be exchanged between different parties. The purposeful and efficient application of the regulatory framework could ensure the elimination of illegal and immoral activities such as 'tapping up'. But is such application always an appropriate deterrent?