유럽 축구리그의 이적제도와 유럽사법재판소의 보스만 판결

The Bosman Case(1996) was a legal decision made by the European Court of Justice(ECJ). In this case, the legality of the transfer fee system for european football players and the existence of so-call ‘quota system(Nationality clauses)' was determined. the decision binds all football governing bodies that based in the European Union. Before the Bosman case, a football player could move to another club with the agreement of both clubs, and normally this agreement was reached by the setting of a “transfer fee”. This rule regardless of whether or not the player's contract with the former club had ended. Hence, out of contract players could not sign a contract with a new team until a transfer fee had been paid, or they had been granted a free transfer. and, in many national leagues and the UEFA club competitions were quota systems. This system meant that only a limited number of foreign players could play in a particular match. In the Bosman Case, the European Court of Justice made two important decisions in favour of Bosman. The court determined that transfer fees for out-of-contract players were illegal where a player was moving between one E.U. nation and another, and quota systems were also held to be illegal, concerning freedom of movement for workers, freedom of association and direct effect of article 39 (formerly 48) of the EC Treaty. After the Bosman case, FIFA recognised the necessity of change and introduced new transfer regulations for international tranfers, as an example, “Training Compensation for Players under 23”. The effects of the Bosman Case were far-reaching for football across Europe. Clubs started signing players for longer contracts than before in order to avoid risking losing them on free transfers. Smaller clubs started to lose out on transfer fees, as the good players moved on to larger clubs on free transfers. but, the case had a advantageous effect on the players. By this decision, players still serving contracts with therir teams could have transfer fees paid for them, but out of contract players were able to enter into free nogotiations with clubs, resulting in an enhanced bargaining position and higher wages. Consequently, the Bosman case increased ‘player power' considerably, providing with more employment rights. And Clubs were able to play as many foreigners from other European Union states as they wanted, although limits on players from outside the E.U. could still be imposed. But, the Bosman Case only affected the transfers of players whose contracts had come to an end, and it didn't address potentially more serious issue of the legality of the payment of transfer fees for players who are still under contract.