The Malta Football Players Association issued a statement in which it revealed that FIFA had sent a letter to the Malta Football Association, dated June 28 2019, in which the world’s football governing body clearly outlines how the MFA’s retention of parameters, goes against FIFA principles. Therefore the rules must be amended and brought in line with the rest of the footballing world.
The MFPA said that with this clear declaration from FIFA, explicitly telling MFA to amend the rules and remove parameters, the time has run out on those seeking to retain these rules.
Due to MFPA and FIFPro’s insistence, FIFA orders MFA to abolish the Parameters system
The Parameters system requires a transfer fee which must be paid for a player to be able to register with a new club. This transfer fee is owed even though the contract has naturally expired. It is also owed when the player in question, whether MALE or FEMALE, is an amateur player who makes no money from football. This system has been abolished in the rest of the football world following the famous Bosman ruling in which the European Court of Justice held that such a system hampered a player’s right to freely move. FIFA changed its rules to comply with this decision, but 18 years later Malta is still retaining an illicit system, hampering player development.
MFPA has been alone, and unsupported for years, in its fight for the abolishment of Parameters in Malta. Setbacks have only served to make MFPA even more resolute to break the walls hindering its players. With the support and guidance of FIFPro, thankfully, MFPA will not have to keep on fighting alone any longer. Reinforcement has been received. In a letter dated 28 June 2019 sent by FIFA to MFA, the world’s football governing body clearly outlines how MFA’s retention of Parameters, goes against FIFA principles. It goes on to say, that the rules must be amended and brought in line with the rest of the footballing world. With this clear declaration from FIFA, explicitly telling MFA to amend the rules and remove Parameters, the time has run out on those seeking to retain such archaic rules.
MFPA, despite it not having any voting power within MFA, is continuously driving change in Maltese Football. Not only will this benefit players and their family, but in the long run it will serve to raise the standards of Maltese Football.
The work of a players’ union is not easy. We run into the wall often, but we keep on running until the wall breaks.
Extract from FIFA letter
In this regard, we would like to underline that the principles of FIFA Regulations on the Status and Transfer of Players regarding contractual stability must be considered at national level (cf. art. 1 par. 3b of the aforementioned Regulations, see also FIFA Circular letter no. 1064).
In this respect, we would like to emphasise that, in principle, the only justified reason for disallowing a player to transfer to another club is an existing and binding contractual relationship with his/her former club. The FIFA Regulations expressly confirm this understanding (cf. Annexe 3, art. 8.2 par. 7 in connection with Annex 3, art. 8.2 par 4. literal b).
Furthermore, we would like to point out that once an employment contract expires, such a contractual relationship does not exist between the player and the club any longer. Consequently, it is a fundamental principle that a player who is out of contract is free to move to a new club of his/her choice without any compensation having to be paid to his/her former club.