Protection of minors: lessons about the FIFA RSTP from the recent Spanish cases at the Court of Arbitration for Sport
journal contributionposted on 30.04.2018, 12:55 by Serhat YilmazSerhat Yilmaz
The publication of recent CAS awards concerning minors in Spanish football involving two football giants, Fu´tbol Club Barcelona and Real Madrid Club de Fu´tbol, and the national association, The Real Federacio´ Espan˜ola de Fu´tbol, offers a valuable opportunity to analyse the operation of the regulatory regime for the protection of minors under FIFA’s Regulations on the Status and Transfer of Players (RSTP). By synthesising legal reasoning used by the CAS Panels and the Sole Arbitrator in three cases, this article presents a holistic view of the regulatory framework for minors established by FIFA which extends beyond Art. 19 of the RSTP and then highlights some important lessons for its operation in practice. The liability of national associations concerning minors, the applicability of the regulatory framework to all minors, and the distinction between the registration requirements of minors in participating in organised football and reporting requirements in relation with minors in academies are all discussed and explained. This paper represents a contribution into a limited literature with regard to both the regulation of minors in football and the analysis of CAS jurisprudence on the topic.
- Sport, Exercise and Health Sciences