Toni Roca, director of the Sports Law Institute, assessed the legal consequences that this process will have for Bale during a special Brexit edition of the Webinar ‘Winning in the offices’. For Toni Roca, “Brexit will become a problem for Real Madrid and for Bale“, He said, to explain that” the agreement reached by RFEF, AFE and Liga, which was embodied in Circular No. 50 of the RFEF, establishes that any player from the United Kingdom who was in Spain playing before December 31 will be, this season, community. But as of June 30, all British people will act as non-EU members. That includes Bale. “
Hence Rock Tone it is clear that “chen his assignment at Tottenham ends and he returns, as it seems, to Real Madrid, he will occupy one of the three places abroad that LaLiga allows. If Real Madrid intends to place him in the market of one of the major European leagues, it will be very, very difficult. And I don't mean just the 30 million it charges. In France, Italy or Germany, to name a few major leagues, Bale is a non-EU member. And seeing its performance and cache, it seems difficult that no big bet on it, “he said.
To Toni Rock, “Right now the only option that seems viable in the event of a transfer is to return to the UK. Another legal alternative? Surely a contract termination, but that would also imply a very high cost. It is not easy at all ”, he valued.
“Cesc or Piqué would never have played in the Premier with Brexit”
A Toni Rock He was joined in this special Brexit edition of the Webinar by two of the UK's leading experts on British Sports Law: Carol couse regular contributor to UEFA, FIFA and TAS arbitration forums, and John shea specialist in dispute resolution and sports regulatory affairs, and Premier League team advisor.
For Shea lhe Brexit incursion will have profound consequences for the signings of young talents. “Cesc and Piqué would never have played in the Premier with Brexit “, has begun to explain. “Or at least they would have had it a lot more difficult,” he said, adding that “before, when the UK was part of the EU, British teams could sign young talent, but now they can only do so if they are 18 or over and based on the point system set by Brexit. That means young players caught in the big leagues would never have ended up in England, but now the English youth academy will be more spoiled. “
“South America will be the great beneficiary of Brexit”
Shea believes that Brexit will allow the Premier to focus more on recruiting footballers from other regions than from the European Union. “I have a clear example. This summer I advised a Premier team that wanted to sign a Brazilian. I told them no, that I would not pass the legal court. Now, with Brexit, that Brazilian would have no problem getting the points to sign for that team, “he explained.
“Many will believe that the system is more unfair, more elitist, but I do not agree at all. At least it is not as elitist as the previous point mechanism that existed before the European Union. That was based on the costs of the operation. The more expensive the transfer was and the more the player charged, the more points he would have, because a player, if he was very expensive, was supposed to be good. And of course, you could sneak puffs at a gold price … Now those criteria disappear and it is based on the sports performance of the soccer player in previous years. That is a fair criterion, ”Shea said bluntly.
The trick to haggling Brexit
Carol Couse, for his part, he revealed the trick that English clubs are considering using to 'haggle' the limitations of the Brexit. “The norm has a blind spot. Clubs can sign a player, even if he does not have a work permit. A priori this can be a problem, but many are considering the option of signing players, although they may not meet the criteria and transfer it to other European clubs so that they gain experience, that is, points, and can return, “he said.
Though Couse He recalled that “FIFA wants to limit the loan of footballers and of course, no matter how much you sign a player, if later you don't find another European club that wants or can accept the assignment, you have to eat the footballer and pay him the salary, without he can play because he does not have a work permit ”, he concluded.