EFAA launches Approaching the FFAR series
On May 31st, EFAA kicked off the“Approaching the FFAR” series in Antwerp at the University of Antwerp with its event, “A reflection of the threats and opportunities for future agent regulations at the national and European level.”
The event opened with Professor Robby Houben of the University of Antwerp introducing “Approaching the FFAR” and highlighting some of the key issues on the table in relation to governance and football entities. This was followed by a welcoming address from Mr. Bruno Satin on behalf of EFAA, who expressed that it was very positive to have an open and objective, academic-driven event that engaged perspectives of all stakeholders, including football agents.
Dr. Roberto Branco Martins of the University of Amsterdam and EFAA gave an in-depth look into some of the most pressing issues of the forthcoming FIFA Football Agent Regulations (FFAR), along with the consultation process (or lack of) in coming to the final draft version of these regulations. Professor Richard Parrish of Edge Hill University discussed the intersection of EU and sports law, highlighting some of the most pertinent cases that have laid the foundation to football’s operations and functioning today. He further elaborated on fee cap and representation issues, which are likewise connected to the proportionality test. Under the proportionality test, it follows that the contents and application of rules should not exceed what is necessary to achieve their objectives. In a similar vein, sports governing bodies have autonomy, albeit the autonomy stems from representation of stakeholders. Such autonomy is limited where there is not proper representation, making official consultation necessary.
From the European Commission, Mr. Matteo Zacchetti discussed that EU sports governing bodies hold a lot of freedom and autonomy in self-regulating, but this is limited on the basis of the framework adopted by the European Union and the Meca-Medina framework. Proportionality and stakeholder representation are also related to the way in which policy becomes implemented.
The event had two panels, the former internationally and the latter Belgian-focused. The international panel brought together Ivančica Sudac of UEFA/the Croation FA, Roy Vermeer of FIFPRO, Thibault Dochy of RSC Anderlecht, and John Shea of Lewis Silkin, acting in the capacity of the representative of the AFA (English Agent Association), and it was moderated by Professor Robby Houben. This panel delved into and underlined the potential friction of national laws and FIFA regulations, along with UEFA’s new club licensing regulation. The Belgian panel included Pieter De Beus of the Belgian FA, Stijn Francis of Stirr Associates, Sven Jaecques of Royal Antwerp FC, Steve Sartor of Concordia, and Sébastien Ronse of KAA Gent, and it was moderated by Professor An Vermeersch of Ghent University. It focused on the Belgian regulation of football agents, and the technical and ideological impact of implementing FFAR and its consequences for the Belgian market.
The event closed with a networking drink sponsored by Concordia, a leading insurance firm specialized in the sports/football sector.
We would like to thank the University of Antwerp for hosting this kick-off event, and we look forward to welcoming you all for an engaging discussion of both FFAR and the larger framework of governing sports agents at our next event taking place in Leipzig. More information will follow soon.
In conclusion, where there is friction with EU law, sport governing bodies may be exempt from the full impact of EU law, but only if good governance principles are met. This includes official consultation with stakeholders, whereby stakeholders are represented in the consultation process.