The Court of Arbitration for Sport (CAS) issued a significant ruling on October 23, 2020, in a case between The Football Association (The FA) and FIFA, addressing violations of FIFA's Regulations on the Status and Transfer of Players (RSTP) concerning the protection of minors in football. The case stemmed from allegations that The FA failed to ensure its member clubs, particularly Chelsea Football Club (CFC), complied with FIFA's rules on the international transfer and registration of minor players. The CAS panel, composed of Hendrik Willem Kesler, Siobán Healy QC, and Prof. Ulrich Haas, examined multiple legal issues, including the obligations of national associations under FIFA regulations and the interpretation of key RSTP provisions.
The panel clarified that the principle of res judicata applies only to the operative part of a decision and not to its reasoning, and it does not extend to parties not involved in the original proceedings. It emphasized that under Article 14(1)(d) of the FIFA Statutes, national associations like The FA must ensure their members comply with FIFA's regulations, though this is not a strict liability offense. The FA argued that it should not be held liable for breaches by its clubs, as it had no direct involvement in the violations. However, the panel rejected this, stating that The FA's responsibility was to avoid systemic failures in enforcing compliance, not to prevent every individual breach.
A central issue was whether the Premier League Games Programme (PLGP) qualified as "organized football" under Article 5(1) of the RSTP, requiring player registration before participation. The FA contended that PLGP matches, particularly in the Foundation and Youth Development phases, were not official competitions and thus exempt. The panel disagreed, ruling that PLGP matches, organized under the Premier League's auspices with The FA's involvement, constituted "organized football," necessitating registration. The FA's failure to enforce this requirement allowed CFC to field unregistered minors, violating RSTP rules.
The panel also addressed The FA's misinterpretation of Article 19 RSTP, which prohibits international transfers of players under 18 unless specific exceptions apply. The FA argued that younger players (under 12 or 10) were exempt from these protections, but the panel upheld FIFA's position that Article 19 safeguards all minors, regardless of age. The FA's negligence in enforcing these rules led to systemic failures, including the improper registration of minors and inadequate oversight of clubs like CFC.
Regarding Article 19bis(3) RSTP, the panel found The FA failed to maintain a proper register of minors attending academies, as required. The FA's reliance on the Premier League's registration system was deemed insufficient, as national federations must ensure comprehensive reporting by clubs. While the violation was relatively minor, it underscored The FA's broader negligence in safeguarding minors.
The CAS upheld FIFA's sanctions, including a CHF 350,000 fine, with half suspended for two years contingent on The FA's compliance. The panel also affirmed a warning, reprimand, and cost orders. The ruling emphasized the importance of protecting minors in football and the responsibility of national associations to enforce FIFA's regulations rigorously. The decision serves as a precedent for holding federations accountable for systemic failures in oversight, reinforcing the need for robust regulatory frameworks to prevent exploitation of young players. The FA was ordered to rectify its regulatory framework and ensure future compliance with FIFA's rules.
The case highlights the tension between regulatory enforcement and practical challenges in protecting minors, underscoring the balance between sporting interests and player welfare. The CAS's decision clarifies the obligations of national associations and the consequences of non-compliance, ensuring stricter adherence to rules designed to safeguard young athletes in football.