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Kurt Sansone
Football clubs aggrieved by the Malta Football Association’s decision to limit the number of foreign players fielded by a club to three, even if they hail from EU member states, will find no solace at government level.
Education Minister Louis Galea, who is also responsible for sports, told MaltaToday that the MFA had the right to set its own rules with regard to the leagues it organizes on behalf of FIFA and UEFA.
“Whoever feels aggrieved by the decisions, rules or regulations of the MFA should be able to seek the necessary remedies as prescribed by the rules of the respective organisations at different levels both locally and internationally,” the Minister replied when asked to comment on the MFA’s new regulations.
The limitation imposed by the MFA goes against EU regulations as defined by the European Court of Justice in the Bosman ruling. The court ruled that any limitation imposed by associations on the number of ‘foreign’ footballers allowed to play with a club went against the principle of free movement of workers within the EU.
The Court ruling means that a Maltese football club can register and field as many foreign players as it wants if the footballers hail from other member states.
The new MFA regulations were amended after 1 May to allow football clubs to register as many EU nationals as they wanted but were constrained to play only three ‘foreigners’. Furthermore, the MFA regulations state that if a club registers a player from outside the EU, it would have automatically forfeited its right to register as many EU nationals as it wanted. These regulations, including others related to the transfer fee of out-of-contract players breach EU legislation and can be challenged in court.
However, clubs have been warned by MFA President Joe Mifsud that if they took the case to court the club would be kicked out of the association’s competitions.
Asked for his reaction to the MFA president’s threat, Minister Galea was very legalistic in his reply. “Recourse to the courts of the land is an undeniable right that is available to all. It is up to the courts to judge on the merits of the MFA's reaction to members' litigation," Galea told MaltaToday.
While the MFA’s intention behind the imposed limit is to protect the national football team and young Maltese footballers, the major clubs see this as a move to stunt their growth.
kurt@newsworksltd.com
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