Minors: FIFA sanctions in Spain (Real and Atlético Madrid)

Minors: FIFA sanctions in Spain (Real and Atlético Madrid)
We all know that FIFA decided, in the agreement with the European Commission in 2001, to include the famous “Minors’ protection” when treating the international transfer of under 16 (within the EU and EEE) and under 18 (within the rest of the world) and from that date there have been several cases directed to particular players but never with the legal strength that has occupied the last two seasons, with the sanctions to the three biggest Spanish clubs: FC Barcelona, Real Madrid and Atlético de Madrid.

Over the past years there has been an undeniable controversy regarding the legal framework issued by FIFA, meant to regulate international transfers involving minors. First and foremost, it needs to be anticipated that the present article is not willing to deal with whether the FIFA is at all, competent to regulate this matter. The governing body for worldwide football should have taken into account, for instance, but not limited to, the United Nations Convention on the Rights of the Child, and different sets of legislation approved by sovereign States all around the globe.

FIFA has definitely failed to take this into account, i.e. its lack of competence or, at the very least, the existence of the afore-referred legislation that regulations issued by a private association - no matter its size, relevance and impact worldwide - shall respect. Its delusions of grandeur should have been refrained somehow by its own internal and external legal services. However, it...

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