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Kurt Sansone
The new regulations set out by the Malta Football Association that prevent football clubs from utilising more than three foreign players in a match, even if they hail from EU member states, have infuriated the top flight clubs. The clubs have reason to be angry because the rules are in breach of EU community legislation.
By virtue of the Bosman ruling of the European Court of Justice in 1995 any sporting association that imposes limits on the number of professional footballers - hailing from a fellow Member State - that football clubs can field, is counter to one of the EU’s founding principles concerning freedom of movement and establishment.
In a stormy meeting at the beginning of the month, MFA President Joe Mifsud informed clubs that they could register as many players as they wanted from EU Member States, but they could only field three ‘foreigners’ during a match. Although giving clubs the right to register as many EU nationals as they wanted in a bid to conform to Malta’s adherence to EU legislation as of 1 May, the rules effectively limit the freedom of registered footballers hailing from other Member States.
Furthermore, the new MFA rules also stipulate that if a club chooses to engage foreigners hailing from outside the EU, they would have automatically forfeited their right to engage as many EU nationals as they wanted.
A third aspect that conflicts with EU legislation is the issue regarding transfer fees. The new MFA regulations do not change the current situation, whereby clubs are entitled to a transfer fee for out-of-contract players.
The Bosman ruling stipulated that clubs were prohibited from demanding and receiving payment of a sum of money upon the engagement of one of its players, who has come to the end of his contract, by another club. Such a situation was decreed as directly affecting a player’s “access to the employment market in other Member States” and thus “capable of impeding freedom of movement of workers.”
Although the Bosman ruling spoke of international transfers it also stated that the national transfer systems that employ such measures, “in principle” violate the EU Treaty.
The MFA regulations, on a number of counts, are in clear breach of what the European Court of Justice had decreed in 1995 and can be challenged by any EU national. Top flight clubs incensed with the MFA’s decision, however have to settle down for the rules as during the meeting, Mifsud threatened any club that decides to take the issue to court with expulsion from the association.
The MFA President defended these restrictive regulations and said they were intended to safeguard domestic football, especially the national team.
But with national team performances being below par for years on end, Mifsud’s defence is hardly plausible and could stunt the growth of domestic clubs rather than protect national football.
kurt@newsworksltd.com
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