FIFA Two
Encyclopedia
The FIFA Two refers to Colin Healy
and Gareth Farrelly
, two Irish
international football players who were prevented from playing for Cork City as they had already played for two other clubs in the 2006-07 period. After lobbying from Ireland's football governing body, the Football Association of Ireland
, FIFA ultimately changed its transfer regulations in January 2008.
informed Cork City that they would not allow two players, Irish internationals Colin Healy
and Gareth Farrelly
, to play for the club. FIFA
ruled that the players had already played for two other clubs in the previous 12 months, and so decreed that neither player could play until July 2007. Cork City had signed contracts with these two players, and so the options open to them were either to keep paying the players even though they cannot play, or cancel the contracts.
at senior international level.
Gareth Farrelly has played at the highest level in England, in the Premier League, with Aston Villa
, Everton
and Bolton Wanderers
. Farrelly joined Bohemians
in late August 2004 as player-manager, and left the position on 30 August 2006. He subsequently joined English side Blackpool
on a short-term contract, which expired in February 2007.
Colin Healy has played with Celtic
and Sunderland
, where he had the extreme misfortune to break his leg on two occasions. On 10 August 2006, Healy signed a one-year contract with Barnsley
. After making 10 appearances for Barnsley, he had his contract cancelled by mutual consent. During this period, he also played on loan with Bradford City
.
Article 39EC states:
a) to accept offers of employment actually made;
b) to move freely within the territory of Member States for this purpose;
c) to stay in a Member State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action;
d) to remain in the territory of a Member State after having been employed in that State, subject to conditions which shall be embodied in implementing regulations to be drawn up by the Commission
Article 40 b EC states:
The Council shall, acting in accordance with the procedure referred to in Article 251 (which refers to EC procedures for the adoption of Acts) and after consulting the Economic and Social Committee, issue directives or make regulations setting out the measures required to bring about freedom of movement for workers, as defined in Article 39, in particular:
b) by abolishing those administrative procedures and practices and those qualifying periods in respect of eligibility for available employment, whether resulting from national legislation or from agreements previously concluded between Member States, the maintenance of which would form an obstacle to liberalisation of the movement of workers;
Article 43EC states:
Within the framework of the provisions set out below, restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State shall be prohibited. Such prohibition shall also apply to restrictions on the setting-up of agencies, branches or subsidiaries by nationals of any Member State established in the territory of any Member State.
Freedom of establishment shall include the right to take up and pursue activities as self-employed persons and to set up and manage undertakings, in particular companies or firms within the meaning of the second paragraph of Article 48, under the conditions laid down for its own nationals by the law of the country where such establishment is effected, subject to the provisions of the chapter relating to capital.
There are also various Directives which govern Freedom of Movement of People.
Colin Healy
Colin Healy is an international footballer for the Republic of Ireland national football team, currently a free agent after having his contract terminated by mutual consent at Ipswich Town Fc.-Early career:...
and Gareth Farrelly
Gareth Farrelly
Gareth Farrelly is an Irish footballer. He currently plays for Warrington Town and Paul Hastings FC ....
, two Irish
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
international football players who were prevented from playing for Cork City as they had already played for two other clubs in the 2006-07 period. After lobbying from Ireland's football governing body, the Football Association of Ireland
Football Association of Ireland
The Football Association of Ireland is the governing body for the sport of association football in the Republic of Ireland. It should not to be confused with the Irish Football Association , which is the organising body for the sport in Northern Ireland.For the full history, statistics and records...
, FIFA ultimately changed its transfer regulations in January 2008.
The problem
On 2 April 2007, FIFAFIFA
The Fédération Internationale de Football Association , commonly known by the acronym FIFA , is the international governing body of :association football, futsal and beach football. Its headquarters are located in Zurich, Switzerland, and its president is Sepp Blatter, who is in his fourth...
informed Cork City that they would not allow two players, Irish internationals Colin Healy
Colin Healy
Colin Healy is an international footballer for the Republic of Ireland national football team, currently a free agent after having his contract terminated by mutual consent at Ipswich Town Fc.-Early career:...
and Gareth Farrelly
Gareth Farrelly
Gareth Farrelly is an Irish footballer. He currently plays for Warrington Town and Paul Hastings FC ....
, to play for the club. FIFA
FIFA
The Fédération Internationale de Football Association , commonly known by the acronym FIFA , is the international governing body of :association football, futsal and beach football. Its headquarters are located in Zurich, Switzerland, and its president is Sepp Blatter, who is in his fourth...
ruled that the players had already played for two other clubs in the previous 12 months, and so decreed that neither player could play until July 2007. Cork City had signed contracts with these two players, and so the options open to them were either to keep paying the players even though they cannot play, or cancel the contracts.
The players
Both Colin Healy and Gareth Farrelly have represented the Republic of IrelandRepublic of Ireland national football team
The Republic of Ireland national football team represents Ireland in association football. It is run by the Football Association of Ireland and currently plays home fixtures at Aviva Stadium in Dublin, which opened in May 2010....
at senior international level.
Gareth Farrelly has played at the highest level in England, in the Premier League, with Aston Villa
Aston Villa F.C.
Aston Villa Football Club is an English professional association football club based in Witton, Birmingham. The club was founded in 1874 and have played at their current home ground, Villa Park, since 1897. Aston Villa were founder members of The Football League in 1888. They were also founder...
, Everton
Everton F.C.
Everton Football Club are an English professional association football club from the city of Liverpool. The club competes in the Premier League, the highest level of English football...
and Bolton Wanderers
Bolton Wanderers F.C.
Bolton Wanderers Football Club is an English professional association football club based in the area of Horwich in the Metropolitan Borough of Bolton, Greater Manchester. They began their current spell in the Premier League in 2001....
. Farrelly joined Bohemians
Bohemian F.C.
Bohemian F.C. , more commonly referred to as Bohemians, is a professional football club from Dublin, Ireland. Bohemians compete in the Premier Division of the League of Ireland and are the third most successful club in League of Ireland football history, having won the League of Ireland title 11...
in late August 2004 as player-manager, and left the position on 30 August 2006. He subsequently joined English side Blackpool
Blackpool F.C.
Blackpool Football Club are an English football club founded in 1887 from the Lancashire seaside town of Blackpool. They are competing in the 2011–12 season of the The Championship, the second tier of professional football in England, having been relegated from the Premier League at the end of the...
on a short-term contract, which expired in February 2007.
Colin Healy has played with Celtic
Celtic F.C.
Celtic Football Club is a Scottish football club based in the Parkhead area of Glasgow, which currently plays in the Scottish Premier League. The club was established in 1887, and played its first game in 1888. Celtic have won the Scottish League Championship on 42 occasions, most recently in the...
and Sunderland
Sunderland A.F.C.
Sunderland Association Football Club is an English association football club based in Sunderland, Tyne and Wear who currently play in the Premier League...
, where he had the extreme misfortune to break his leg on two occasions. On 10 August 2006, Healy signed a one-year contract with Barnsley
Barnsley F.C.
Barnsley Football Club are a professional English football club based in the town of Barnsley, South Yorkshire. Nicknamed the Tykes, they were founded in 1887 under the name Barnsley St. Peter's...
. After making 10 appearances for Barnsley, he had his contract cancelled by mutual consent. During this period, he also played on loan with Bradford City
Bradford City A.F.C.
Bradford City Association Football Club is an English association football club based in Bradford, West Yorkshire, playing in League Two....
.
The rule
According to the then-current FIFA Regulations for the Status and Transfer of Players, Chapter III: Registration of Players, Article 5.3 stated:The precedent
- The Finnish Football Federation, an association that also has its season within a calendar year, just like Ireland, simply ignores this rule, because their season is "out of sync" with the FIFA designated season. Any player who signs for a Finnish club, and who is in the same situation as Colin Healy or Gareth Farrelly, is allowed to play in official matches in Finland.
- A more telling precedent is the case of Javier Mascherano. FIFA allowed Mascherano, an Argentine international, to join LiverpoolLiverpool F.C.Liverpool Football Club is an English Premier League football club based in Liverpool, Merseyside. Liverpool has won eighteen League titles, second most in English football, seven FA Cups and a record seven League Cups...
, his third team in the 12 month period, from West Ham UnitedWest Ham United F.C.West Ham United Football Club is an English professional football club based in Upton Park, Newham, East London. They play in The Football League Championship. The club was founded in 1895 as Thames Ironworks FC and reformed in 1900 as West Ham United. In 1904 the club relocated to their current...
. FIFA ruled that as the other team involved, CorinthiansSport Club Corinthians PaulistaSport Club Corinthians Paulista, commonly just known as Corinthians , is a Brazilian football club based in the city of São Paulo. They play in the São Paulo state league, as well as the Brasileirão, Brazil's top national league...
, is from Brazil and so competes in a January-December season, they were outside the scope of the July-June restriction. - A number of players with other League of IrelandLeague of IrelandThe League of Ireland is the national association football league of the Republic of Ireland. Founded in 1921, as a league of eight clubs, it has expanded over time into a two-tiered league of 22 clubs. It is currently split into the League of Ireland Premier Division and the League of Ireland...
sides have also been caught by Article 5.3, but have since been cleared to play. One of these players is Shaun HolmesShaun HolmesShaun Holmes is a Northern Irish footballer.-Career:He had previously played for Derry City F.C. in the League of Ireland but was released by the club on 14 December 2006, as he was not seen as being a fundamental part of Pat Fenlon's plans...
who was registered with 3 clubs GlentoranGlentoran F.C.Glentoran F.C. is a semi-professional, football club in Northern Ireland. The club was founded in 1882 and plays its home games at the Oval in east Belfast. Club colours are green, red, and black.Glentoran's biggest rivals are Linfield...
, DerryDerry City F.C.Derry City Football Club is a professional football club based in Derry, Northern Ireland. It plays in the League of Ireland Premier Division...
and Finn HarpsFinn Harps F.C.Finn Harps Football Club are a professional Irish football club playing in the First Division of the League of Ireland. The club was founded in 1954 and elected to the league in 1969. They hail from Ballybofey, County Donegal and play their home matches at Finn Park. The club's colours are blue...
. Glentoran is an Irish LeagueIFA PremiershipThe IFA Premiership – formerly the Irish Premier League, and before that the Irish Football League–and still known in popular parlance simply as the Irish League, is the national football league in Northern Ireland, and was historically the league for the whole of Ireland. Clubs in the league are...
club in Northern Ireland and part of the UK, a league that follows the FIFA designated season. Shaun Holmes has played for a club in a UK league, the same situation as both Farrelly and Healy, but this fact has not proved a barrier to him playing in the eircom League this season.
The law
It was possible that the FIFA regulations at that time could conflict with certain provisions of European Community law, or, at the very least, an arguable case could be made that such a conflict existed.Article 39EC states:
- Freedom of movement for workers shall be secured within the Community
- Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment
- It shall entail the right, subject to limitations justified on grounds of public policy, public security or public health:
a) to accept offers of employment actually made;
b) to move freely within the territory of Member States for this purpose;
c) to stay in a Member State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action;
d) to remain in the territory of a Member State after having been employed in that State, subject to conditions which shall be embodied in implementing regulations to be drawn up by the Commission
Article 40 b EC states:
The Council shall, acting in accordance with the procedure referred to in Article 251 (which refers to EC procedures for the adoption of Acts) and after consulting the Economic and Social Committee, issue directives or make regulations setting out the measures required to bring about freedom of movement for workers, as defined in Article 39, in particular:
b) by abolishing those administrative procedures and practices and those qualifying periods in respect of eligibility for available employment, whether resulting from national legislation or from agreements previously concluded between Member States, the maintenance of which would form an obstacle to liberalisation of the movement of workers;
Article 43EC states:
Within the framework of the provisions set out below, restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State shall be prohibited. Such prohibition shall also apply to restrictions on the setting-up of agencies, branches or subsidiaries by nationals of any Member State established in the territory of any Member State.
Freedom of establishment shall include the right to take up and pursue activities as self-employed persons and to set up and manage undertakings, in particular companies or firms within the meaning of the second paragraph of Article 48, under the conditions laid down for its own nationals by the law of the country where such establishment is effected, subject to the provisions of the chapter relating to capital.
There are also various Directives which govern Freedom of Movement of People.
The solution
FIFA added the following language to Article 5.3:External links
- The FAI article about the problem
- The news report by RTE
- See article 5.3 of the FIFAFIFAThe Fédération Internationale de Football Association , commonly known by the acronym FIFA , is the international governing body of :association football, futsal and beach football. Its headquarters are located in Zurich, Switzerland, and its president is Sepp Blatter, who is in his fourth...
document, Regulations on the Status and Transfer of Players NB: This states the post-2008 version of the transfer rule.