Various reports have suggested Alexander Isak could trigger FIFA’s Article 17 clause to force a Newcastle United exit.
Alexander Isak simply cannot walk away from Newcastle United on his own accord next year.
Several outlets - including ESPN - have cited Article 17 of the FIFA Regulations on the Status and Transfer of Players as a method Isak could use as leverage over Newcastle. In layman’s terms, the Court of Justice of the European Union (CJEU) found in October that FIFA’s rules on transfers were too restrictive.
The amendment came about following a lengthy legal battle involving former Premier League midfielder Lassana Diarra, who was unable to gain a transfer certificate after triggering his exit from Lokomotiv Moscow in 2014. New guidelines allow footballers to invoke Article 17 - effectively ending their contract - under certain stipulations.
Can Alexander Isak trigger Article 17?
Players can only trigger the clause within 15 days of the season ending and must have served three years - or two years for those aged below 25 - under contract. If Isak did this, he would be free to join a new club on July 1 once Newcastle agreed a compensation package with a potential buyer.
The payment is guaranteed to be considerably lower than the £110million Liverpool offered earlier this month. If no compromise can be reached, FIFA’s Dispute Resolution Chamber, or even the Court of Arbitration for Sport, would likely settle the dispute.
The calculation factors the cost of finding a replacement, his salary and remaining book value. There has been no suggestion that Isak could do this - and there is a compelling reason why.
Premier League power
According to football financial expert Stefan Borson, the framework for Diarra and any potential Isak proceedings differs vastly. In a domestic case, the Premier League’s standard player contract, the FA Rules, and the PFA-negotiated disciplinary code would apply.
An early termination by the player is only lawful where there has been a clear contractual breach, such as non-payment of wages. Without just cause, Isak himself would face serious disciplinary action.
A player cannot walk away from a Premier League contract simply because he wishes to play elsewhere. In short, Isak’s chances of joining Liverpool without Newcastle negotiating a transfer fee - the traditional way - are exceptionally slim.
Sports lawyer speaks out
Speaking to The Athletic, sports law barrister Jibreel Tramboo, at London legal firm 33 Bedford Row, agreed that Isak terminating his contract is all but impossible. He said: “He can’t just walk away, he’s under contract. If he says he won’t play, then he’s technically in breach of contract, and that’s enforceable if Newcastle wanted to.
“The reality is that Newcastle hold the cards. They can block him from leaving. There are no grounds for termination of contract. If a player hands in a transfer request, then it can affect some of their loyalty bonuses in the contract and some of those can become void.
“I (also) don’t think handing in a transfer request does much for a player in terms of negotiation. It has no real legal power. In practice, it’s a political tool, which is why you rarely see them anymore.”
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