Transfer bans illegal???

[bigy 0]

Seen this posted by Chris Graham on Twitter, it's from Wiki so not sure how reliable:

 

The 2011â??12 football season is the first during which the regulations apply;[2] The ultimate penalty is disqualification from European competitions.[3] Other possible penalties originally included fines, the withholding of prize money, and transfer bans.[4] As of early 2012, however, UEFA has had to shelve plans to ban player transfers following legal advice, and it remains to be seen if other threatened sanctions will be taken in practice.

 

http://en.m.wikipedia.org/wiki/UEFA_Financial_Fair_Play_Regulations#section_2

[bluebear54 0]

If this is true, there's a possibility of suing the SFA.

Now wouldn't that be sweet.

Of course, Regan wouldn't survive.

But the SPL and the SFA won't survive either.

House of cards.

[bigy 0]

http://www.telegraph.co.uk/sport/football/european/8908065/Uefa-shelves-proposals-to-impose-a-transfer-ban-on-clubs-that-breach-its-financial-fair-play-rules.html

 

Uefa shelves proposals to impose a transfer ban on clubs that breach its financial fair-play rules

 

Uefa has shelved proposals to impose a transfer ban on clubs that breach its financial fair-play rules amid concerns that its planned penalties will be legally unenforceable, or face challenges from individual players.

 

Problems: Uefa president Michael Platini has to shelve proposals to impose a transfer ban on clubs that breach financial fair-play rules Photo: REUTERS

 

By Paul Kelso

 

 

The European governing body confirmed on Tuesday that transfer embargo proposals, which had the support of leading clubs including Inter Milan and Arsenal, have been dropped because they were unenforceable. Control over player registrations lies with national associations and Fifa, not Uefa.

 

 

The move is a blow to Uefa’s prospects of producing a credible series of penalties short of the ultimate sanction of expelling teams from European competition.

 

 

Uefa intends to set out a sliding scale of proposed penalties for breaches of the rules in January, ahead of final ratification at its congress in March. Punishments will range from suspended fines, fines, to expulsion, but many of the alternatives under consideration are legally fraught.

 

 

Nyon is actively considering variations on the transfer embargo theme, including banning players whose signings contributed to clubs spending exceeding income, or limiting squad sizes, but these could face legal challenge from individual players.

 

 

Lawyers have advised that Uefa could be open to restraint-of-trade suits from players excluded from the competition. They could argue that they legitimately joined a club only because of the prospect of Champions League football, and now find themselves barred.

[forlanssister 3,050]

Technically it's not a transfer ban but a prohibition on the registration of players over the age of 18.

[bigy 0]

Technically it's not a transfer ban but a prohibition on the registration of players over the age of 18.

 

But UEFA's concerns seem to be that it is restricting a players trade and would be open to challenge. So Gattuso, for example, could take UEFA to court and the advice UEFA have been given is they wouldn't have a leg to stand on.

[rbr 1,247]

The date on the telegraph page was today but the story date was nov 2011 , is this definetly current

[aweebluesoandso 290]

We have to challenge these SFA muppets in the courts, making up the rules as you alone is not a sound principle to fight any legal challenges that may come their way.

[bluebear54 0]

Why didn't Keen bring this up last night??

[UCF2008 0]

Control over player registrations lies with national associations and Fifa, not Uefa.

 

The issue there is that it's outwith UEFA jurisdiction, but not the SFA.

[bluebear54 0]

Technically it's not a transfer ban but a prohibition on the registration of players over the age of 18.

 

In which case it must breach some kind of legislation due to age discrimination?