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QUESTION

Create a 11 pages page paper that discusses the extent to which football clubs and governing bodies restrict player rights under article 45 of the tfeu.

Create a 11 pages page paper that discusses the extent to which football clubs and governing bodies restrict player rights under article 45 of the tfeu. This report stresses that Article 45 of the TFEU refers to rights of workers to move freely within the union. In addition, it also contends that this freedom of movement will involve the elimination of discrimination on the basis of nationality for nationals of member states with regards to remuneration, employment, and conditions of employment and work.

This paper makes a conclusion that a further alternative to the home-grown rule in countering the effects of the Bosman ruling has been the transfer fee caps, which has been seen as more attractive in restoring competitive balance. While it will restrict the signing on fees earned by player moving to other clubs, which is in contravention of Article 45(3) of the TFEU with regards to remuneration, it is more preferable to restrictions on player remuneration. However, getting back to the home-grown rule, the view that this will increase the national talent pool is a weak argument. It is evident that the best clubs always recruit the best players from their nation, meaning that there will be adequate numbers of eligible players to play for the national team. As observed by Relvas et al, the Scottish national team is not affected by the fact that most of their best players chose to play in the Premier League, while he also comments on the fact that the influx of international players into national leagues tends to improve football skills of the domestic footballers, instead of stunting their development.

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