Brodies: Brexit could create obstacles for Scottish football

Brodies: Brexit could create obstacles for Scottish football

Paul McMahon

Brexit could make it harder to bring international talent into Scottish football, according to Paul McMahon, employment partner at Brodies.

The end of EU laws on freedom of movement could also cause problems for Scottish footballers seeking to go abroad.

Mr McMahon said: “At the moment we’re EU citizens, and athletes, sportsmen and women, coaches, sports staff and fans from all 28 nations move freely within the EU.

“But when Britain stops being part of the EU, the EU laws on freedom of movement that we’ve become used to will stop applying, and UK immigration laws will take over. That might create obstacles for elite athletes to work and move freely.”

As well as ending freedom of movement, Brexit could also end the enforcement of key EU court rulings, such as the 1995 Bosman ruling and 2003 Kolpak ruling by the Court of Justice of the European Union (CJEU).

Bosman ended restrictions on the number of EU players within a national league, and allowed players in the EU to move to another club at the end of a contract without the payment of a transfer fee.

Kolpak established that citizens of countries which have signed EU Association Agreements have the same right to freedom of work and movement within the EU as EU citizens.

Mr McMahon said: “The withdrawal agreement with the EU is, of course, not finalised, but it is thought unlikely that it will contain any special provision for movement of athletes.”

“It’s possible some privileged status will be given to EU citizens, either generally or in particular sectors, as part of any trade deal.

“It’s also possible that the future relationship between the UK and EU could become an association agreement for Kolpak purposes, which would help UK athletes work in the EU and possibly vice versa.

“Otherwise, there’s less money in Scottish sport from media rights generally, so Scottish clubs may find it harder to attract the calibre of talent that would be eligible to come here if EU players are subject to the same rules as non-EU players.”

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