The case revolves around a dispute involving footballer Nedim Bajrami and the Football Association of Albania (FAA) against FIFA and the Swiss Football Association (SFA) regarding Bajrami's eligibility to switch his sporting nationality from Switzerland to Albania. The Court of Arbitration for Sport (CAS) issued its final award on 13 June 2022, addressing key legal principles concerning sporting nationality, legal nationality, and FIFA's eligibility rules. The panel emphasized the distinction between sporting nationality and legal nationality, noting that while an individual may hold multiple legal nationalities, they can only represent one country in sports. FIFA's Regulations Governing the Application of the FIFA Statutes (RGAS) stipulate that a player may request to change their sporting nationality only once, provided they meet specific criteria under Article 9 of the RGAS. These criteria include not having played at the senior ("A") level for their current association and already holding the nationality of the new association when they first played in an official competition for their current team.
Nedim Bajrami, born in Switzerland to Albanian parents, had represented Switzerland at various youth levels but never at the senior level. In March 2021, Albania officially recognized Bajrami's Albanian descent, granting him citizenship under Albanian law. The FAA subsequently requested FIFA to approve Bajrami's switch to represent Albania. However, FIFA's Players' Status Committee rejected the request, citing that Bajrami did not meet the age requirement under Article 9(2)(b) of the RGAS, as he was over 21 when he last played for Switzerland's youth teams. Additionally, the FAA failed to prove Bajrami had a "genuine link" to Albania as required by Articles 6 or 7 of the RGAS.
The CAS upheld FIFA's decision, clarifying that nationality in sports is distinct from citizenship and must align with FIFA's regulatory framework. The ruling reinforced that sporting nationality is irrevocable once chosen, barring exceptional circumstances, and highlighted the importance of adhering to FIFA's eligibility criteria. The case underscores the complexities of nationality and eligibility in international sports, particularly for athletes with dual citizenship. The CAS's decision maintains the integrity of FIFA's regulations while addressing the specific circumstances of Bajrami's request.
The appellants argued that Bajrami held Albanian nationality from birth and had never played at the senior level for Switzerland, meeting the criteria for a change of association under FIFA's regulations. They provided a certificate from the Albanian Ministry of Interior to support their claim. However, FIFA maintained that Bajrami only obtained Albanian nationality in March 2021, after his initial representation for Switzerland, and thus did not meet the criteria under the new eligibility rules, which distinguish between holding a nationality and being eligible to obtain one. The CAS found that Bajrami inherently held Albanian nationality by birth due to his parents' Albanian origin, even if formal recognition came later. The Panel emphasized that the administrative requirements under Albanian law were "negative" conditions rather than active steps Bajrami needed to take.
Ultimately, the CAS ruled in favor of Bajrami, annulling the earlier FIFA decision and confirming his eligibility to represent Albania. The decision underscores FIFA's intent to balance fair nationality rules with players' genuine connections to their chosen nations, ensuring that eligibility decisions align with the spirit of the regulations rather than rigid formalities. The case highlights the importance of cultural and personal ties in determining nationality for international football representation.