25 years ago the Bosman ruling revolutionized the world of football and the transfer market. An earthquake whose aftershocks still mark the world of football today. Positive or not. Faced with recent drifts, players must still “take control” of their career, according to the specialist lawyer Sebastien Ledure.
►►► To read also: What are the practical consequences of the Bosman judgment?
Blocked by FC Liège when he was at the end of his contract, Jean-Marc Bosman brought the case before the Liège court and then the European Court of Justice. December 15, 1995 changed the face of football. European justice has ruled that a player at the end of his contract was free (this was not the case at that time) and the free movement of players within the European Union. FIFA has extended this principle worldwide.
So much for the historical context. 25 years later, the finding is that “power was not transferred to the players but it remained largely with the clubs (who found the solution with long-term contracts, editor’s note)“, underlines Master Sebastien Ledure, lawyer specializing in sports law – Cresta, interviewed in La Tribune. “We have especially known the maintenance and especially the explosion of transfer allowances to levels never seen before.
The second beneficiary of this famous judgment: the agent. “He quickly understood that he could be an essential part. It has become indispensable“. The footleaks and the footgate have sufficiently highlighted the excesses of the new functioning. And in particular the problem of multiple representation.”We allowed an agent to work for a player, for the selling club and then the buying club“.
The main concern is that often the player is not aware of what is going on. “He legitimately thinks his agent is working for him. Let the agent get a 5-10% commission on their contract, but sometimes there is a second or third contract that allows the agent to earn an additional amount. And that sometimes goes up to 100% of the annual salary!“. In some cases, agents even have an interest in the resale of the player he represents. Did you say conflict of interest?
Sébastien Ledure, who defends the interests of players like Romelu Lukaku, wants to clean up the system. And that starts with the player. “Three things are important. He must know (be aware), decide (must have his future destination in hand) and control (need an external person who works only for him to know what each person earns) “. This “external” person can be, for example, a lawyer whose ethics prohibit working for several parties involved.
But there is no question of lawyers replacing agents. “A player needs an agent“, insists Ledure.”But the agent’s job is to make his network available to find a club for the player“.
FIFA is also preparing a reform of the agent status. Compensation could take several forms: a percentage of salary, an hourly rate or a lump sum. A new time, “it’s up to the player to take control and dare to negotiate with his agent, the one who will represent him“.
