Rescind the FIFA decision on Farrelly and Healy

The Problem
On Monday 2nd April 2007, FIFA informed Cork City FC that they would not allow two players, Irish internationals Colin Healy and Gareth Farrelly, to play for the club. FIFA has ruled that they have played for two clubs already in the last year, and so have decreed that neither player can play until next July. CCFC has signed contracts with these two players, so the choice is either to keep paying them even though they cannot play, or cancel the contracts. Option one is costly and frustrating, option two is not a result that club, players nor fans want to see occur.

The Players
Both Colin Healy and Gareth Farrelly have represented the Republic of Ireland at senior international level.

Gareth Farrelly has played at the highest level in England, in the Premiership, with Aston Villa, Everton and Bolton. Farrelly joined Bohemians FC in late August 2004 as player-manager, he left that position 30th August 2006. He subsequently joined English side Blackpool on a short-term contract, which expired in February 2007.

Colin Healy has played with Glasgow Celtic and Sunderland, where he had the extreme misfortune to twice break his leg. On 10th August 2006 Healy signed a one year contract with Barnsley. After making 10 appearances for Barnsley, he had his contract cancelled by mutual consent. During this period he also played on loan with Bradford City.

The Rule
According to the FIFA Regulations for the Status and Transfer of Players, Chapter III: Registration of Players, Article 5.3 states

"Players may be registered for a maximum of three clubs during the period from 1 July until 30 June of the following year. During this period, the player is only eligible to play in Official Matches for two clubs."

So no player can play for 3 different clubs in a season, the season being the period from the start of July of one year to the end June of the next year. What FIFA appear to have ignored in this case is that the Eircom League season does not follow this timeline; its season runs from March to November of the calendar year. So what’s wrong with this, you might ask? Don’t football clubs have to follow the rules of their governing organisation? Well, yes and no…

The Precedent
1. The Finnish Football Federation, an association that also has its season within a calendar year, just like Ireland, simply ignores this rule, because their season is “out of sync” with the FIFA designated season. Any player who signs for a Finnish club, and who is in the same situation as Colin Healy or Gareth Farrelly, is allowed to play in official matches in Finland. FIFA has NEVER penalised the Finnish Football in any way for this, FIFA simply allows the situation to continue.

2. A more telling precedent is the case of Javier Mascherano. FIFA allowed Argentine international Mascherano to join Liverpool from West Ham, his third team in the 12 month period. FIFA ruled that as the other team involved, Corinthians of Sao Paolo, participates in Brazil's January to December season period, they were outside the scope of the July-June restriction. Thus the Brazillian season runs within the calendar year, similar to the eircom league season.

3. A number of players with other eircom league sides have also been caught by Article 5.3, but have since been cleared to play. One of these players is Shaun Holmes who was registered with 3 clubs Glentoran, Derry and Finn Harps. Glentoran is an Irish League club in Northern Ireland and part of the UK, a league that follows the FIFA designated season. Shaun Holmes has played for a club in a UK league, the same situation as both Farrelly and Healy, but this fact has not proved a barrier to him playing in the Eircom League this season.

The Law
It is possible that the FIFA regulations may conflict with certain provisions of European Community law, or, at the very least, an arguable case can be made that such a conflict exists.

Article 39EC states
1. Freedom of movement for workers shall be secured within the Community.

2. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.

3. It shall entail the right, subject to limitations justified on grounds of public policy, public security or public health:
(a) to accept offers of employment actually made;
(b ) to move freely within the territory of Member States for this purpose;
© to stay in a Member State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action;
(d) to remain in the territory of a Member State after having been employed in that State, subject to conditions which shall be embodied in implementing regulations to be drawn up by the Commission.

Article 40 b EC states
The Council shall, acting in accordance with the procedure referred to in Article 251 (which refers to EC procedures for the adoption of Acts) and after consulting the Economic and Social Committee, issue directives or make regulations setting out the measures required to bring about freedom of movement for workers, as defined in Article 39, in particular:
(b ) by abolishing those administrative procedures and practices and those qualifying periods in respect of eligibility for available employment, whether resulting from national legislation or from agreements previously concluded between Member States, the maintenance of which would form an obstacle to liberalisation of the movement of workers;

Article 43EC states
Within the framework of the provisions set out below, restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State shall be prohibited. Such prohibition shall also apply to restrictions on the setting-up of agencies, branches or subsidiaries by nationals of any Member State established in the territory of any Member State.

Freedom of establishment shall include the right to take up and pursue activities as self-employed persons and to set up and manage undertakings, in particular companies or firms within the meaning of the second paragraph of Article 48, under the conditions laid down for its own nationals by the law of the country where such establishment is effected, subject to the provisions of the chapter relating to capital.

There are also various Directives which govern Freedom of Movement of People.