'Foreign' football players

In reply to a question about the eligibility of non-Maltese EU football players under the Competition Rules of the Malta Football Association, Simon Busuttil MEP argued (February 9) that these run counter to EU legislation since, directly or indirectly, they discriminate against or restrict non-Maltese EU citizens on the basis of nationality as home-grown players are obviously likely to be Maltese nationals. Furthermore, he claimed that it is incumbent on national governments to ensure that EU law is respected even by non-governmental organisations.

In regard to Dr Busuttil's opinion about direct or indirect discrimination or restriction of such rules on the basis of nationality, in my humble opinion he took a very simplistic and a too dogmatic approach. Dr Busuttil based his opinion on the Bosman ruling of 1995 and other judgments of the same court in which "nationality", purely and simply, was the basis of discrimination or restriction. There has never been a case so far that dealt with restrictions imposed to protect local youth sports. Indeed, Advocate General Lenz's opinion in the Bosman case and the court ruling itself may also lead one to conclude that the protection of the sports youth sector is something very laudable. Furthermore, since the pronouncement of this ruling three major EU decisions seem to support this view.

Almost four years ago, the EU Commission agreed with FIFA and UEFA about new FIFA rules introducing a compensation system for the training and development of young players in the case of transfer of players from one national association to another, notwithstanding that the players' transfer system operating for many years throughout the whole football world had to be scrapped in EU/EEA countries as a direct result of the Bosman ruling.

Last year the EU Commission exempted UEFA from the relevant provisions of the EU competition law (a sacred cow of EU legislation) and allowed it, for the period 2006/2009, to central market the television rights of the UEFA Champions League, among others, one of the reasons being that part of the generated income goes to strengthen the youth sector in the different European national member associations.

Only a few weeks ago, the majority of MEPs, including Dr Busuttil, voted for the new European Constitution. This includes an article that recognises the "specificity of sports".

All this should lead the EU decision makers (Commission and/or Court of Justice) to draw a distinction between sports, even when it implies an economic activity, and other economic activities. Indeed, most youngsters will never participate in professional sports but all those who eventually will have to be trained and developed from a very young age within the youth sector. In order that youngsters are encouraged to participate in sports and do all the necessary sacrifices, they must be supported, among others, with rules as those adopted by the MFA and similar ones, though not identical, which will be adopted in the near future by UEFA itself and many of its member national associations.

However, I do not wish to pontificate as to what conclusion/s the EU Commission and/or the European Court of Justice may arrive at in future. It may very well be that the MFA has taken a risk in legislating in the way it did, on the basis of the principle of the "specificity of sports". In my humble view, the fact that non-Maltese EU/EEA citizens do not settle with certain frequency in our country is immaterial since all the citizens of a EU/EEA country have practically the same rights of Maltese citizens to settle in Malta.

Nevertheless, this is a risk well taken when considering that these new rules will force clubs to maintain local regional identity and the link between them and the local community. Furthermore, these rules will enforce more Clubs to contribute socially to their community by using their resources for training young football players with all the benefits that such initiatives may bring about to the communities within which these operate.

On the other point raised by Dr Busuttil, I hope he is not hinting to national governments to take over the role of the local courts and/or the European Court of Justice when an apparent case of non-compliance surfaces or, even worse, advising national governments to criminalise non-compliance with EU civil law by individuals, companies or associations.

On the other hand, since Dr Busuttil is one of the five MEPs representing our people in the European Parliament, I expected him to give us also his opinion as to whether he agrees or not with the concept of the protection of the local football youth sector. After all, I understand that Dr Busuttil was elected to the European Parliament to bring also forward in this forum, which lately seems to have become more powerful, the interests of local youth rather than to give legal advice on EU law and jurisprudence to our people.

In the meantime, the MFA, together with its European counterparts, will continue fighting through its available means to protect the football youth sector. At the same time it hopes that in this fight it will be joined by Dr Busuttil and by the other Maltese members of the European Parliament for the benefit of our youth and, consequently, to our country's future in sports, particularly football.

Dr Mifsud is president of the Malta Football Association and a member of the UEFA executive committee.