10 questions you wanted to ask about new FIFA Interim Regulatory Framework
- valeryialukhverchy1
- 26 ene
- 3 Min. de lectura
On 22 December 2024 the Interim Regulatory Framework was adopted by a decision of the Bureau of the FIFA Council. It is a direct result of the close consultation between FIFA and its key stakeholders. The interim regulatory framework will apply until the broader discussions on the long-term content of the RSTP have concluded.
We assume that, with the holiday hustle and bustle, you don't have much time. For this reason, we've decided to summarise the answers to 10 key questions for better and easier understanding. Nevertheless, we recommend reading the full document.
What is the purpose of the Interim Regulatory Framework? - to ensure that all football stakeholders benefit from stability and regulatory certainty, in particular for the upcoming registration periods and more generally for as long as the broader consultation on possible long-term changes to the RSTP is ongoing.
When does it come into force? - on 1 January 2025.
Are there any changes to the definition of "just cause"? - article 14, paragraph 1 of the RSTP has been slightly amended to include the wording: "In general, just cause shall exist in any circumstance in which a party can no longer reasonably and in good faith be expected to continue a contractual relationship." This amendment represents no change in practice. Rather, it codifies the established jurisprudence of the Football Tribunal and its precursors.
How is compensation for breach of contract calculated? - compensation for the breach of contract shall be calculated taking into account the damage suffered, according to the ‘positive interest’ principle, having regard to the individual facts and circumstances of each case, and with due consideration for the law of the country concerned.
Who has the burden of proof in relation to joint and several liability - new clubs may only be held jointly liable to pay compensation if a claiming club can prove that a new club induced a player to breach their contract.
When shall sporting sanctions be imposed? - a sporting sanction shall be imposed (i) on any club found to be in breach of contract during the protected period or (ii) on a player’s new club if, having regard to the individual facts and circumstances of each case, it can be established that the new club induced the player to breach the contract during the protected period.
Are there any changes in the Procedural Rules? - Yes. The Procedural Rules now include a new rule on the "duty to collaborate." The new paragraph clarifies that parties have a duty to collaborate in the establishment of the facts in a specific case. A party submitting an evidentiary request shall demonstrate that the evidence requested is likely to exist and is relevant. This new rule also clarifies that the Football Tribunal is entitled to draw an adverse inference from a party’s reaction to such an evidentiary request (for example, if a party refuses to disclose a document or piece of information that seems relevant and is likely to exist, without a valid explanation or justification).
What is the time frame for delivering the ITC from the former to the new association? - 72 hours. If the former association fails to respond to the ITC Request within 72 hours, the new association will be able to register the player with the new club and enter the relevant player registration information in TMS. It is no longer possible for the former association to reject an ITC Request.
If there is an ongoing dispute, can the association of the former club reject the issuance of the ITC? - No. The existence of a contractual dispute can never be used to block the issuance of a player’s ITC. A player may always – irrespective of such a dispute – move to a new association and continue their career with a new club, as long as due consideration is given to sporting integrity and the transfer is made during the applicable registration periods.
Does the Interim Regulatory Framework apply to pending cases before the Football Tribunal? - Yes. Under article 29 of the RSTP (as amended under the interim regulatory framework), the amended rules of the RSTP will also apply directly to pending cases before the Football Tribunal. In particular, these include cases involving claims based on article 17 paragraphs 1, 2 and/or 4 of the RSTP.
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