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.
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.
This is an interesting, unique and controversial area of modern sport that deserves further examination. Football transfers are, of course, not a new phenomenon. A series of important developments, however, such as the modern and increased commercialisation of sport, as well as the implications and consequences of the decision in the Bosman case, have created a complex framework of individuals, regulations and financial opportunities that determine the present situation.