1. Personal and Ecomic Freedoms and FIFA Regulations (Lex Sportiva)
Dimitrios P. Panagiotopoulos
Professor of Sports Law, University of Athens, Attorney-at-Law (Sup. Court)
President of International Association of Sports Law, Greece

2. Introduction
Problem of the application of FIFA regulations, as Lex Sportiva rules.
Personal and economic freedoms of the parts involved in sporting actions (Article 9&10, FIFA Statutes ).
Greek lawmaker, showed excessive yieldingness (Ar. 29, par. 12, Law 3479/2006) Given the fact that FIFA puts pressure to the Greek Federation
After the corruption problems, the Greek lawmaker tried to limit this power/autonomy (Law 4326/2015, Art. 15) .
So, the statutes and regulation of EPO (see HFF for Hellenic Football Federation) must be in line with the Greek Constitution and Legislation

3. I. Coaches
According to the Greek Constitution, the right to work is protected by the State for everyone (Greek Constitution Ar. 22).
Greek Sports Law, it is defined that the professional coaching practice, is only allowed to the licensee which is granted by the General Secretariat of Sport.
"Footbal Coaches Regulation" (Ministerial Decision 25533/ , in Gov. Gazzette Vol. 773/ , issue B).
The regulation for the coaches of the H F F (EPO Lex Sportiva:.
- obliges the Sports Science University graduate to attend special seminars organized by EPO, in order for him to obtain recognition from EPO .
- EPO's coaching school and the recognized coaching schools of abroad (EPO regulation 2015).

4. The age limitations is directly contrary of the EU Treaty (par
The age limitations is directly contrary of the EU Treaty (par. 2 of Article 45, TFEU).
Question! :
EPO as a body of private law, is entitled to place restrictions both in its members and in professional football in general, let alone third parties?
- professional athletes and coaches
- State law.
- Financial and professional freedoms as well (Ar. 5 Greek Const.)
Arrangements, such as the license of exercising the profession of coach and the required substantive and formal requirements for this licensing, even if self-imposed to football community by the Lex Sportiva system, violate norms included in the constitution and state laws .

5. II. Football Players
FIFA’s Player transfer regulation, there is an extension of regulations (articles: 6, 17 , 18.2, 3, 19 and 20).
Regulations where concerning aspects of financial and personal freedom rights in football (See Matildas World Sports Law Report, sept.15).
Specifically:
Article 6: " Registration periods ", time-limit the professional players freedom
Articles 17, par. 3 and 64 of FIFA's disciplinary sanctions
- contract termination without just cause.
- a period of deprivation to provide his professional services in any club.
Jurisprudence 4Α_558/2011 Swiss Federal Court :
- such a penalty, constitutes a violation of player's economic freedom without sufficient justification for such a restriction.
This constitutes a restriction on the free exercise of business and economic activity of the clubs..

6. Continuation
“Article 18.3 ensuring contractual stability, limit the right of a professional footballer.
Restrictions are opposed to the freedom of contracts, especially when they are not imposed by a national legislature.
FIFA a private law association without a legitimacy framework to do so.
Provisions concerning compensations (article 20 and annex 4), constitute a restriction of the workers free movement according to article 45 of the EU treaty.
The European court:
“the regulation does not can go beyond what is necessary to achieve it”.

7. III. Underaged Football Players
The age of 15 is the minimum age for employment (European Social Charter) .
FIFA Regulation (Art. 19) prohibit transfers if the athlete is not over 18 years old.
Exceptions apply to this rule:
a) Removal of the player's family
b) the consent of both parties federations that host club or player's team are 50 km. from the border,
c) the transfer takes place within the European Union (EU) and provided that they are aged between 16 and 18 years of age and the new club ensures a minimum.
1) adequate football education
2) good academic or school or professional education with additional football training,
3) good living conditions by a host family or in accommodation facilities of the club, mentor appointed to the association, etc. and
4) the new club have to inform in an official way the relevant federation that the above conditions for the player's transfer are met.
This regulation, in our opinion, an unfair restriction on the athletes freedom as workers .

8. IV. Arbitration Clause
Professional athletes and Mandatory arbitration systems .
The arbitrational agreement checked for :
1) if both parties have the ability to choose arbitrators to ensure the objectivity of the court and
2) if the arbitration agreement does not exploit the weakness of the weak party.
Legitimizing basis of arbitration is the autonomy of private will,
Professional athlete in contrast to a sports club or SA and unequal bargaining and de facto power (Decision. No.. 1 BvR 26/84 of 02/07/1990, published in BVerfGE 81, p (254) and NJW 1990, σελ. 1469).
Regulations of host Federation, in the content of which has no power to influence or change (German Fed. Arb. BGH, decision no. II ZR 11/94 of 11/28/1994, published in BGHZ 128).
Athletes have no choice but to accept "a priori" those rules and regulations in order to participate in the championships organized.
waiver of resorting to court.
Is constitutionally legitimate and therefore valid, only when it takes place voluntarily .
According to the case law : "the statute of Federation, must be subject to total control of its content in the perspective of the provisions of the General Trade terms» (OLG Frankfurt/M., decision No. 19 U 46/73 since , published in NJW 1973, 2209).
Rright to a proper "fair", objective and impartial trial.

9. Continuation Those settings bind the involved parts in a “unique” way
A constraint mechanism, imposing exclusive and binding jurisdiction of juridical bodies (FIFA Disciplinary Committee's decision 17 Sept 2015).
These regulatory arrangements of FIFA, have been established in an autonomous way having no legislative authorization.
The sense of fairness, the mutual interest of the parties involved and, in general, the proper safeguards of legal rights focused on sports activities, cannot be ensured (FIFPro , Sept 2015).
FIFPro among others seeks :
a) that 50% of the arbitrators to be selected by the athletes
b) protect athletes from the exploitation of third parties
c) struggles to protect athletes’ image in media .

10. Conclusion I
To the extent that FIFA's regulations deal with financial or contractual relationships in football, this constitutes an important modern legal issue, as it has already been discussed in the ILO (IASL Congress 2014) , concerning the protection of both personal and financial freedom of athletes, coaches and other involved parts and football stakeholders.
The research suggests that there is a need for substantial changes in the construction of international sports practices, taking into account the principles of legality and the general principles of law, as a constitutional charter for sports, including mandatory reporting of the FIFA Rules and other LEX Sportiva rules, for a "healthy" sporting activity and a valid sport jurisdiction.

11. Conclusion II
In light of the above, arises the question of the delimitation of the law preparatory stages concerning legislation of the Lex Sportiva system operators as well as FIFA's, and the creation of an international framework of legal principles, as a legitimizing basis, as a legislative authorization concerning the international sports institutions (see. FIFA). Those commitments in sports law, could provide the basis for the necessary legal rules, in order to make similar arrangements binding on the basis of those principles, to regulate not only the purely sporting and disciplinary matters, but also the rules of law required for "peace enforcement" in sports labor relations.
There is an international need for a common framework of sports law principles in international level sporting legality with transnational commitment that anticipate specific bodies for sporting disputes settlement, having as a main goal the ensuring of the fair, proper, quick and objective dispute resolution, an international Sports-Court, Athlodikeion.

12. Thank you
for your Attention