The Bosman Case
Competition In Sport|
HA Sport- & Eventmanagement
2.The European rules3
3.The transfer system before the Bosman ruling3
4.The Bosman Case4
4.2.The European Court of Justice considerations towards the judgment5
4.3.The final judgment6
5.The impact of the Bosman ruling6
5.1.Reactions and allegations6
5.2.The consequences in practice7
There are not many that ever have heard of Jean-Marc Bosman. But the name “Bosman” when it comes to transfers in football sounds familiar to almost everyone. Jean-Marc Bosman may be a relatively unknown football player didn´t have great football skills. But Jean-Marc Bosman has had an impact on the modern game of football much bigger than any other player, manager and chairman has had and may ever have! The case of Jean-Marc Bosman (the Bosman case) shook the entire world of professional sport. It was succeeded by the Belgian footballer to win the case over all the major football organizations by the European Court of Justice, and thereby revolutionized what is now called the old transfer system. This assignment will expose the principles of the Bosman ruling and the key elements will be presented and the effect of the ruling will be analyzed by providing some concrete examples. The aim of this text is to identify which impact the Bosman ruling has had on professional football. In order to identify this, there are some sub questions that need to be answered: Why did Jean-Marc Bosman feel that the old transfer system was a problem? Which considerations did the European Court of Justice have? Which arguments did the Jean-Marc Bosman, the Belgian football federation and UEFA have? And what did the European Court of Justice base their Judgment on? And finally, how has the clubs and players reacted in practice? It would also be appropriate to go into depth with which impact the Bosman Ruling has had on the competitive balance in leagues around of Europe, how the financial development of football clubs revenue has been, including the trend on the transfer market, the development of players’ salaries and so on and so forth. But because of the requirement of this assignments size, these interesting questions only will be affected in a limited extent. Enjoy!
2. The European rules
To understand the issues of the Bosman case, it is important to first get an overview of the overall European rules Jean-Marc Bosman claimed the Belgian football federation rules were contrary against. The European Treaty rules on the internal European market ensured the free movement of goods, persons, services, etc. The basis of the rules is that all obstacles to free movement are prohibited. However, there are still opportunities for countries inside the European Union, to maintain some national rules, even if they are contrary to the European treaty. But this requires that the country can justify that there is an important consideration behind these rules. In the European Union legally are called for overriding public interest. In addition, it is required, that the rules are proportionate to the interest which the country wishes to protect. So the formulation of the rules give both hope for Jean-Marc Bosman and the Belgian football federation as we will see later in this text, but the Belgian football federation had to prove that the rules wasn´t more stringent than necessary. 3. The transfer system before the Bosman ruling
An important reason to the conflict that at first were between Jean-Marc Bosman and his Belgian club, Royal Club Liégois SA (RC Liege) and later on included the European football federation, UEFA, was the transfer rules, which were then in force. Therefore it´s important to clarify these rules...