FIFA presented on September 10, 2021 the procedural and operating rules of the Football court. It brings together the existing decision-making bodies of FIFA into a single institution made up of three chambers: the dispute resolution chambers, the status of the player and the agents.
When publishing the FIFA Legal Manual 2021, a document compiling all of its main regulations in digital format, FIFA took the opportunity to publish the Rules of Procedure of the Football Court, created on May 21, 2021 during the 71st FIFA Congress and brought into operation as of October 1, 2021.
The manual is accompanied by a Circular no.1769 intended for the attention of FIFA member associations and presents the necessary amendments to the football regulations in order to set up the Football Court (the amendment to the Regulations on the Status of and Transfer of Players to bring together the current resolution chambers disputes and commission of the status of the player within the Tribunal (I), and the creation of the Chamber of Agents (II)) and the main new rules of procedure of this Tribunal (III).
Amendment to the Regulations on the Status and Transfer of Players: merger of the Dispute Resolution Chambers and the Player Status Committee (October 1, 2021)
The Circular specifies that the amendments to the Regulations on the Status and Transfer of Players (RSTJ) are mainly of a technical nature, in order to allow the establishment of the Football Court, which will be composed of three chambers:
- The dispute resolution chamber ("CRL"),
- The Player's Status Room (“CSJ”), and
- The agents' room ("CA").
Before this reform, the RSTJ provided for the powers of the Dispute Resolution Chamber and the Player Status Commission in its articles 23 and 24.
These judicial bodies have retained their jurisdiction and are now grouped together in a single article 23 (Football court) of the RSTJ, which provides that:
« The dispute resolution chamber of the Football Court is empowered to settle any dispute referred to in art. 1, al. 22a, b, d and e.
2. The player's status chamber of the Football Court is empowered to settle any dispute referred to in art. 22, al. 1c and f, and 2. (...)».
Thus, in accordance with Article 22 (FIFA jurisdiction) of the RSTJ, the CRL is still competent to deal with disputes:
- between clubs and players relating to the maintenance of contractual stability;
- international dimension between a club and a player relating to work; and
- relating to training compensation and the solidarity mechanism between clubs belonging to different associations (or to the same association if the transfer of the player at the origin of the dispute takes place between clubs belonging to different associations).
The Player Status Commission, which has become CSJ, is still competent to hear disputes:
- international dimension between a club or association and a work-related coach; and
- between clubs belonging to different associations not corresponding to the field of competence of the CRL.
If the amendments to the RSTJ have entered into force since August 31, 2021, the Football Court will only effectively functionfrom the 1er October 2021 and the entry into force of the new procedural rules (cf. III).
Consequently, the CRL and the Players 'Status Committee will until that date render their decisions on the basis of the old Rules of the Dispute Resolution Chamber and the FIFA Players' Status Committee.
The 31 August 2021, thehe Bureau of the FIFA Council has appointed the presidents, vice presidents and members dispute resolution chambers and the status of the player of the Football Court.
The creation of the Chamber of Agents, third chamber of the FIFA Football Tribunal
The measures announced in a FIFA press release of 20 January 2020, following a wide consultation process concerning the new regulation of the activity of players' agents in football, are about to be concluded.
« The reform package therefore includes several measures concerning agents:
- the establishment of a cap on commissions to avoid excessive and abusive practices;
- limiting multiple representation to avoid conflicts of interest;
- la reintroduction of a compulsory licensing system for agents in order to raise the standard of rules applicable to this profession;
- the creation of a FIFA clearing house to guarantee better financial transparency;
- la establishment of an effective system for resolving disputes between agents, players and clubs ;
- the disclosure and publication of all agent interventions in the context of player transfers, in order to increase transparency and improve the credibility of the transfer system».
Thus, the Chamber of Agents will be the third chamber of the Football Court. The competence of this chamber will be defined in specific FIFA regulations.
The aforementioned Circular n ° 1769 specifies that “ the members of the chamber of agents will be appointed later, after approval of the FIFA Agent Regulations ».
The publication of the Rules of Procedure of the FIFA Football Tribunal
The Rules of the Dispute Resolution Chamber and the FIFA Players' Status Committee are replaced by the Rules of Procedure of the Football Court, which will come into force on 1er October 2021.
These Rules of Procedure of the Football Court include general provisions which apply to the proceedings of the three chambers as well as specific provisions specific to certain proceedings.
La Circular no.1769 this some of the new rules :
- Free procedures :
Article (Fee) provides:
« 1. The proceedings are free when at least one of the parties is a player, a coach, an agent or a match organizer.
2. In all other cases of dispute, procedural costs are applied. The procedural costs are payable by order of the competent chamber at the end of a case and are set out in Annex 1 to these rules of procedure. (...) "
- Deadline for payment of procedural costs :
Le same article has:
"(...) 6. A party to whom procedural costs are charged is required to pay them only:
a) if it requests the reasons for the decision after notification of the device; Where
(b) whether the reasons are notified directly at the time of the decision.
7. The costs of the proceedings must be paid within ten days of the notification of the relevant decision, by transfer to the bank account indicated in the said decision. (...) ”.
Thus, the payment of procedural costs remains a mandatory prerequisite for the reasons for a decision to be communicated. Finally, the reasoned decision will only be notified to the party having the reasons and paid the costs of the proceedings.
- The currency of the proceedings costs :
Procedural costs are now payable in dollars ($) according to the scale in appendix 1 of the Rules of Procedure of the Football Court (and no longer only in Swiss francs CHF).
- Language of the proceedings :
Article (Languages) provides:
« 1. The language (s) which may be used in all proceedings are the official languages of FIFA.
2. If the submissions or evidence are drawn up in only one official FIFA language, the chamber shall render its decision in that same language.
3. If the submissions or evidence are drawn up in more than one official FIFA language, the proceedings will be conducted in English and the decision rendered in English. ».
- Accelerated procedure:
Article (Preliminary procedural matters) reads:
« 1. After ensuring that the complaint is complete, the FIFA general secretariat inquires about:
(a) if the chamber concerned is obviously not competent; and or
(b) if the said complaint is clearly the subject of a statute of limitations.
2. Subsequently, the FIFA general secretariat may submit the complaint directly to the president of the chamber concerned under an accelerated procedure.
3. If the president of the chamber concerned considers that the protest is not affected by preliminary questions of procedure, he requests the FIFA general secretariat to continue the procedure. ».
- Mediation :
Article (Mediation) invites the parties to resort to mediation:
«1. If the President of the Football Court considers it appropriate, he may invite the parties to resolve a dispute through mediation.
2. Mediation is a free voluntary procedure. It takes place in accordance with the general principles of the CAS mediation regulations and is conducted by mediators registered on a list approved by the FIFA general secretariat.
3. If the mediation is successful, a settlement agreement is signed by the parties and ratified by the mediator as well as the president of the Football Court. The settlement agreement constitutes a final and binding decision of the Football Court, in accordance with the applicable FIFA regulations. If the mediation is unsuccessful, the FIFA general secretariat will resume the procedure from the point where it was interrupted. ».
