It was at least surprising that FIFA’s President, Sepp Blatter, should go as far as proposing that football clubs field a minimum of six domestic nationals given the plain European Community rules on free movement of workers.  It was perhaps astonishing that FIFA’s governing body endorsed that proposal.

The basic principle in the European Union is that citizens have the right to work and live in another Member State without being discriminated against on grounds of nationality.   It is enshrined in Article 39 of the EC Treaty and protects the right of a citizen to look for a job in another Member State; the right to work in another Member State;  the right to reside there for that purpose;  the right to remain there;  the right to equal treatment in respect of access to employment, working conditions and all other advantages which could help to facilitate the worker’s integration in the host Member State.

There is clear authority that professional sportsmen are not exempt from the provisions of Community law.  In Bosman the European Court of Justice held that the player had accepted an offer of employment in another Member State and that Article 39 applied.  Professional football was an economic activity to which the Treaty applied.  The transfer fee system between clubs which was aimed at compensating the former club for the training invested in the player who wished to leave, was incompatible with the free movement of workers.  It also held that Article 39 precluded rules which limited the number of professional players from other Member States who could play in football competitions.  The Court also held in Slovak  that a rule which limited the number of professional players who may participate in matches related to working conditions and was also discriminatory.

One may wonder why the FA and UEFA have reportedly backed the FIFA scheme in principle when it would be indefensible if a legal challenge were to be mounted.  Why would anyone wish to be shielded from legitimate competition?  Far from the short term illusory gains which may be envisaged, a fair playing field, as contemplated by European law, will ensure a raising of standards and equality of opportunity between all EU citizens.