Sports law constantly presents challenges for professionals in the field. This is also the reason why the Costaș, Negru & Asociații team carefully analyzes any changes that occur in the matter, at a national or international level.
For example, a relevant topic in this context is the more recent possibility of termination of legitimation without the club’s consent, regulated by art. 4 point (21) of the Regulation on the status and transfer of football players. The discussion is current in the context in which it was previously shown that there are significant problems regarding the career of young footballers, on the border between contractual freedom and sporting coercion (C.F. Costaș, Career of young footballers, between contractual freedom and sporting coercion, 18 April 2024, Cluj Bar Association Conference dedicated to “Sports Law”).
More precisely, until the end of June 2024, the rules established by the Romanian Football Federation were as follows:
a) Athlete aged 14-16, without a private scholarship contract concluded with the club – The player could request termination of registration and registration at another club, with the prior payment of a compensation of 700 lei for each competitive year in which he was registered at the club from which he leaves [art. 4 point 21 lit. c) from the Regulation on the status and transfer of football players – RSTJF].
b) Athlete aged 14-16, having signed a private scholarship contract with the club – The player had a legal prohibition to apply for registration at another club and had to continue the activity at the club where he was registered at least until the end of the junior program [ June 30 of the year in which the player turns 19], based on an individual employment contract or a sports activity contract [art. 4 point 21 lit. a) RTSJF].
c) Athlete aged 16 – 19 years – The player was obliged to conclude a contract until the end of the junior period with the club to which he was permanently registered if he was guaranteed a net monthly remuneration of 600 lei during the junior period. In case of refusal, the player had the status of an amateur player at the club where he was registered and could not be transferred without the club’s consent [art. 10 points 5, 7 and art. 14 point 1 RTSJF].
d) Athlete aged 19 – 24 – The player was obliged to conclude a contract for a maximum of 5 years if he had the guarantee of a certain net income provided for in the grid of the Romanian Football Federation. The option was exercised between July 1 and December 31 of the year before the year in which the junior player turned 19. This right could not be exercised by clubs that have exclusive activity at the junior level [art. 14 point 2, 3 RTSJF].
Costaș, Negru & Asociații recently had the opportunity to actively contribute to the application of the new regulations, effective from July 1, 2024, by successfully completing a case pending before the National Chamber for the Resolution of Disputes within the Romanian Football Federation ( FRF). Thus, the Commission ordered the termination of the registration of a 15-year-old player from the club to which he belonged and granted him the right to register with another club (Romanian Football Federation – National Chamber for Dispute Resolution, decision no. 410 of 23 July 2024). This success underlines the importance of knowing and correctly applying the regulations in force.
It should be noted that during the meeting of the Executive Committee of the Romanian Football Federation on January 30, 2024, amendments to the Regulation on the Status and Transfer of Football Players (RSTJF) were approved. These provisions became applicable as of July 1, 2024.
These changes are essential to protect the rights and interests of the players, but also to ensure a balance between their interests and those of the clubs. In this article, we will look at the legal framework for termination of registration without the club’s consent, as well as its legal and practical implications. We will try to capture the complexity of these regulations which, although seemingly technical, reflect the subtleties and nuances of an ever-evolving world where every legal decision can influence careers and destinies.
Following the latest changes that entered into force on July 1, 2024, the following legal provisions apply to amateur players:
a. An amateur player who has actually participated in less than 25% of the official games played by the team to which he is registered in a competitive year has the right to request from the competent committee his registration to another club without the consent of the club to which he is registered. If the request is accepted by a final decision, the player in question can be registered as an amateur at another club. If a player registered with another club under these conditions acquires professional status within 2 years, the regulatory provisions on training compensation are applicable accordingly;
b. Senior amateur players and junior amateur players between the ages of 7 and 19 have the right to request the competent commission to terminate their registration without the consent of the club to which they are registered and registration to another club, in compliance with the terms provided for in art. 4 para. 19 of the RSTJF.
c. Junior players, aged between 7 and 19, have the right to request the competent commission to terminate their registration without the consent of the club to which they are registered and their registration to another club, as follows:
– Junior players between the ages of 7 and 10 who are in this situation are obliged to pay the former club the sum of 400 lei for each competitive year in which they were registered with the respective club;
– Junior players over 10 years old and up to 16 years old in this situation are obliged to pay the former club the sum of 700 lei for each competitive year in which they were registered with the respective club;
– Junior players aged over 16 and up to 19 in this situation are obliged to pay the former club the sum of 1,000 lei for each competitive year in which they were registered with the respective club.
In the case of periods shorter than one competitive year, an amount proportional to the related period will be paid.
By exception to the provisions of art. 4 point 21 lit. c) above, junior players between the ages of 14 and 19, who have signed sports activity contracts in accordance with the law with the club to which they are registered, will not be able to apply for registration at another club for the duration of that contract. The mentioned sports activity contract will obligatorily provide a clause/provision regarding the player’s obligation to carry out sports activity for the respective club, in accordance with the provisions of art 14 para. 1 of this Regulation.
This exception introduces an additional layer of protection for clubs, ensuring that players who have signed a sports activity contract remain committed to their club for the duration of the contract. The clause serves not only to strengthen the contractual commitment between the player and the club, but also to maintain stability and continuity in the development of young athletes.
The requests provided for in para. 21 is resolved by the National Council for the Resolution of Disputes within the Romanian Football Federation or the Commission on Player Status of the County Football Association, with the application of the following rules:
– for the cases shown in letter a), the application can only be submitted between two editions of the championship;
– for the cases shown in letter b) and c), applications can only be submitted between July 1 and 31 of the competition year, respectively August 1 and 31 for players registered at indoor football clubs.
The competent jurisdictional bodies will exclusively verify the fulfillment of the conditions regarding the date of the application, the age of the player and will determine the amount of the amount required to be paid.
Legitimation to other clubs of players in the situations shown in letter a), b) and c), can only be done during the transfer periods, based on the final and irrevocable decisions of the competent commissions.
The amendment to the rules of the Romanian Football Federation removes a so-called “right to compel a player to sign a contract”, which contradicted the principle of freedom of movement of workers within the European Union.
It is true that the national rules applied by the Romanian Football Federation may have certain justifications (e.g. protecting clubs and academies that train players, creating a selection base for national teams, stability of players in training, preventing unfair competition from clubs with budgetary resources significant or unlimited). However, these justifications should refer, in order to comply with European Union law, only to the reasons provided by the Treaty on the Functioning of the European Union: public order, public safety, public health.
Therefore, the changes made from July 1, 2024 to its own Regulations by the Romanian Football Federation are welcome.
This article was prepared for the Costaș, Negru & Asociații Blog by av. Paul Buzea (Baroul Arad) and av. Dr. Cosmin Flavius Costaș (Arad Bar Association), coordinator of the Sports Law practice at Costaș, Negru & Asociații. The company’s team for this field is completed by av. Andrei Fătu (Cluj Bar).
Costaș, Negru & Asociații is a civil society of lawyers with offices in Cluj-Napoca, Bucharest and Arad, which offers assistance, legal representation and consultancy in several areas of practice through a team composed of 20 lawyers and consultants. Details regarding legal services and team composition can be found on the website https://www.costas-negru.ro. All rights for the materials published on the company’s website and through social networks belong to Costaș, Negru & Asociații, their reproduction being permitted only for informational purposes and with correct and complete citation of the source.
