The Contractual Dynamics of Team Stability Versus Player Mobility: Who Rules 'The Beautiful Game'?

Abstract

The specific focus of this article is on present and future contractual relations between footballers and their clubs, with an examination of arguments that players should have the 'right' unilaterally to terminate contracts providing compensation is paid to the current club. The article also seeks to make sense of the changing relationship between players and clubs within the cultural and economic transformation in football - particularly with regard to the issues of the traditional self-regulation of sports governing bodies and the implementation of effective internal governance. The major contentions of the article are that the current transfer system in the domestic leagues should be reformed along the lines of the current FIFA rules; Transfer windows should be abolished and the rules defining what constitutes an unlawful approach to a player should be significantly revised. Finally, resolution of the tensions between self governance and external regulation could be achieved by the application of reflexive regulatory theory to abolish, or at least reform, the transfer system throughout the EU.