Background Dispute Resolution Chamber.- Procedural aspects Dispute Resolution Chamber.- Introduction classification of decisions.-Medical examination.-Visa and work permit.- Employment contract.- Unilateral extension option.- Termination.- Compensation.- Sporting Sanctions.- Training compensation.- Solidarity mechanism.- Final conclusions.
Mr. Frans M. de Weger (1978) is senior legal counsel and in this
regard working for the Dutch Employer’s Organisation for
Professional Football Clubs (“FBO”), which is an associate member
of the European Professional Football Leagues (“EPFL”), since 2010.
On 1 January 2015, Frans de Weger is appointed on the proposal of
the European Club Association (ECA) as an arbitrator for the Court
of Arbitration for Sport (CAS) for the period 2015-2018. As a legal
counsel and a CAS arbitrator he is involved in several national and
international football related legal disputes.
As a legal counsel of the FBO, Frans de Weger regularly acts as a
legal representative on behalf of the Dutch professional football
clubs in national and international legal disputes. In this
respect, he gained a wide experience with legal procedures before
the national arbitrational court of the Royal Netherlands Football
Association (“KNVB”), the disciplinary courts of the KNVB and
FIFA,the FIFA Dispute Resolution Chamber (“DRC”) and the Players’
Status Committee (“PSC”) and in appeal before the CAS. In his
capacity as a legal representative, he is, on a yearly base,
responsible for the settlement and treatment of minimum 40-50 cases
before the mentioned courts. Further to this, De Weger provides the
Dutch football clubs with legal advise regarding among other
(national and international) employment related matters, players’
contracts, national and international transfers and with respect to
matters related to training compensation and solidarity
mechanism.
Before joining the FBO, De Weger worked as a legal trainee for the
KNVB, was an attorney at law registered at the bar in Amsterdam for
four years and in the past had a FIFA-license for players’
agent. Frans de Weger is author of the book “The Jurisprudence
of the FIFA Dispute Resolution Chamber”, published under the
editorship of the T.M.C. Asser Institute, Centre ofInternational
and European Law. In this book he discussed the most relevant
procedural aspects, such as the jurisdiction of the DRC, its
composition, applicable law, the procedural costs, the manner of
enforcement of the DRC decisions and the appeal procedure before
the CAS. In his book De Weger analysed all published DRC decisions
and classified the decisions into various subjects and discussed
the well-established jurisprudence of the DRC, such as the
existence of various types of just causes, the unilateral extension
option, the compensation to be paid in conformity with Article 17
of the Regulations on the Status and Transfer of Players, the
imposition of sporting sanctions and disputes related to training
compensation and solidarity mechanism. Currently he is working on
the second edition of this book, to be published in August 2016,
which edition contains all relevant decisions of the DRC (and the
CAS) until 2015. De Weger is also co-author of the book “CAS and
Football: landmark-cases”.
In line with the aforementioned DRC book, in 2009 Frans de Weger
initiated (and is editor of) an online database
(www.drcdatabase.com) with all the published jurisprudence of the
FIFA DRC. In this database all decisions are classified and can be
found by its members with a search engine. The database contains
extracts of all published DRC decisions and also commentaries on
the relevant ones. Several professional football clubs, scientists,
lawyers and law firms, CAS and FIFA arbitrators, players’ agents,
football organizations, such as national associations, employee and
employer organizations, on a worldwide scale, are registered member
and make use of DRC Database. Frans de Weger published several
articles in the field of international football law, among other in
the International Sports Law Journal regarding the just cause in
international football law, the unilateral extension option,
training compensation disputes before theFIFA DRC and CAS, and
leading “Article 17-cases” before FIFA DRC and CAS, such as the
cases “Webster”, “Matuzalem” and “De Sanctis” and the most relevant
aspects regarding training compensation and solidarity
contribution.
Frans de Weger holds several lectures in the field of international
football law. During the last years, he gave lectures for the Asser
Institute Sports Law Centre regarding the Webster-case in 2007,
regarding the Bernard-case of the European Court of Justice in 2010
and in May 2013 regarding the FIFA DRC, more specifically with
regards to the existence, the procedural aspects and the
well-established jurisprudence. Further to this, Frans de Weger is
teacher in courses organized by the Royal Netherlands Football
Association, for example regarding “legal disputes and
international transfers” and the Dutch Intermediaries’ Organization
Pro Agent regarding disputes between professional football clubs
and players’ agents. Next to this, he is guest teacher for several
Dutch universities, such as the Erasmus University, Amsterdam
University and Tilburg University. Since 2014 he is teacher for the
Sports Law Summer Programme of Asser International Sports Law
Institute. Each year he leads Asser’s Lunch and Learn discussing
the latest international football jurisprudence.
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