Jules Koundé, new Barça player


This is what LaLiga clubs would face if they don't register their signings

Published:18/08/2022 - 20:57h

Updated:18/08/2022 - 23:06h

The financial 'fair play' continues to generate headaches within LaLiga. Several players are still not registered, as is the case with Koundé, but if they lose their license, they will be able to continue training with the group

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The 'fair play' financial has been the big problem of the Spanish clubs during this market of signings. To two weeks of the closing of the window veraniega, several footballers follow without inscribed and the situation begins to concern in his squares. Such is the case of the Betis, with until 6 players in list of wait or the FC Barcelona with Jules Koundé without being able to be affiliated. That's why the doubts begin to arise in this regard of what sucedería in case that the teams leave without inscribing to his effective with agreement.

In this sense, the law endorses them jurídicamente to be able to do it. An entity can not inscribing to a player with agreement, already was because LaLiga prevents them do it for breaking the requirements of the 'fair play' and the mass salarial or by sportive reasons. Like this it remained estimated in a sentence of April of 2016, when the Upper Court of Justice (TSJ) of Madrid desestimó the resource of the AFE and the footballer Pedro León against the denial of the licence by part of LaLiga.

In the already mentioned sentences the justice gives him the authority to LaLiga "for denegar the licence of a footballer if a Club or sportive anonymous society exceeds the limit of the cost of the sportive staff conceded by the Organ of Validation of Budgets". Likewise, him otroga to the patronal the competition to "demand the fulfillment of determinate economic requirements to the Clubs/SAD affiliated to proceed to the previous visa of the licences of the footballers, foreseen in the Norms for the preparation of the budgets or economic control a priori".

That's why, arrived the 23:59 hours of 1 September, the clubs that can not or leave to inscribe to players in the relation of 25 footballers will be protected by the law, like this these have agreement in force. However, these players will be able to follow training with total normality beside the rest of the first team. Like this it stipulates it the Royal decree 1006 of 1985, whose point fourth of the article 7 sustains clearly that "the professional sportsmen have right to the effective occupation, not being able to, save in case of sanction or injury, be excluded of the trainings and other instrumental or preparatory activities for the exercise of the sportive activity".

The FIFA can not take part

On the other hand, the FIFA could not take letters in the subject to arrive this stage. In spite of that the maximum organism of the world-wide football is against of any behaviour that can tildarse abusive, in this situation the labour national legislations condition and limit his intervention.

It is thus that, still when the article 14 of the Regulation on the Statute and the Transfer of Players condemns "any abusive behaviour of a part that have like aim force to his contraparte to terminate an agreement or modify the terms of this, will constitute a cause justified of rescission of the contraparte", the FIFA delegates to each to association, the RFEF in this case, the establishment of the appropriate means to protect to the 'victim' of the situation, respecting always to the compulsory national legislation and to the collective agreements.

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