6+5 Rule - Legal Position in European Union

Legal Position in European Union

The 6+5 rule has on numerous occasions been described as illegal by the European Union and was rejected by the European Parliament on 9 May 2008. The rule violates both Article 48 of the EC Treaty and the Bosman ruling. FIFA President Sepp Blatter met with representatives of European football leagues to explain the new rule and to garner support for it on 22 July 2008.

At an informal meeting of the European sports ministers in Biarritz on 27 and 28 November 2008, FIFA was again seeking support for its proposed rule. In a final declaration, the ministers expressed their wish to "encourage further discussion on initiatives put forward by international federations to encourage the teams of professional clubs in each country to develop the presence of athletes capable of qualifying for national teams, in compliance with EU law, to strengthen the regional and national roots of professional sport."

While FIFA expressed their satisfaction about the continuation of dialogue, EU commissioners repeated their standpoint that the "6+5 rule is based on direct discrimination on the grounds of nationality, and is thus against one of the fundamental principles of EU law." Observers concluded that the status quo has not changed.

The independent Institute for European Affairs (INEA) had been commissioned by FIFA to investigate whether the rule was legal under current EU law. On 26 February 2009, the INEA released an expert opinion declaring the 6+5 rule "can be implemented in line with European Community law."

The ruling has since been scrapped as of June 2010 as the European Commission had said such a proposal would contravene EU labour laws. From 2011-2012 season, the Premier League will bring in a system where there must be eight home-grown players in a squad of 25.