Mamelodi Sundowns attacker Lucas Ribeiro Costa leaning heavily on FIFA's new interim regulations, which are still subject to be challenged, could drag his efforts to be set free.
FIFA only amended its transfer regulations in December last year, with the amendments deemed temporary ahead of the January transfer window of 2025, after a recent Lassana Diarra ruling from the European Court of Justice.
READ | JUST IN! Sundowns break silence on Ribeiro saga
At the time, FIFA admitted that the regulations were not permanent and were subject to discussions with various stakeholders, with FIFPRO (global players union) saying it did "not agree" to the new regulations, claiming they were not consulted.
"The measures do not provide legal certainty to professional footballers and do not reflect the judgement by the European Court of Justice," FIFPRO warned.
With the new interim FIFA transfer regulations seeking to resolve the issue of restriction of trade, after the world football governing body denied Diarra his clearance in 2015 when he wanted to join Charleroi, experienced lawyer Raymond Hack, who sits and has served on various disciplinary committees, has suggested that Ribeiro could face a challenge stemming from the fact he was playing in a CAF zone and not in a European Union.
"The situation is the Court of Justice for the European Union found that the FIFA rules were not compatible with the treaty of the functioning of the European Union, specifically concerning workers’ freedom of movement and the prohibition of cartels," Hack explained on SoccerBeat YouTube Channel.
"As a result, the ruling prompted FIFA to initiate a global dialogue to review and potentially amend the regulations, concerning players’ contracts stability to comply with European law, leading maybe to a change (in transfer laws).
“But that's in European law. We're in South Africa, governed by CAF. Yes, if there's a dispute, FIFA will get involved, but at this stage, CAF would be the one. I don't see on what basis the player would succeed," he continued.
READ | ‘It is normal that Ribeiro wants out’
With the new FIFA transfer regulations not yet permanent, the 26-year-old, one of the first to bring such a case before the Tribunal since the amendment, could be using such tactics to force a transfer, with the regulations still subject to change or to be challenged.
FIFA admitted being open-minded to a "dialogue" on these regulations.
"FIFA remains convinced that an open, inclusive dialogue with all its stakeholders is the way forward to develop a robust, objective, transparent, non-discriminatory and proportionate regulatory framework for football at a global level," FIFA said after announcing the new interim transfer regulations.
Photo by Daniel Hlongwane/Gallo Images
