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What is the Bosman Ruling?

What is the Bosman Ruling?

Football does not exist in a vacuum. Society, politics, art, and culture have always overlapped with the sport, whether through ground-breaking documentaries and TV or the movement of big commercial brands like Red Bull into the world of international soccer. With hundreds of millions of people across the globe addicted to the beautiful game, this is hardly a surprise.

One of the most high-profile examples of how the daily operations of global football clubs can be impacted by events and decisions made outside of the obvious confines of the sport is the Bosman Ruling. A ruling made by the European Court of Justice back in the 1990s, on the surface it might not seem like it's particularly relevant to the way football works, but you'll soon find out how its ramifications in the years since have been wide-ranging.

In this article, we'll take you through what the Bosman ruling is and why it's significant within the world of soccer. We'll look at the key figures involved in its introduction, and what the impact of this landmark event has been over the years. A key part of this will be a deep dive into the role that free transfers play within modern football – but more on that shortly. Let's start with the basics.

Who is Jean Marc Bosman?

It's possible you've heard the name Bosman before, without fully understanding the role he played in shaping modern transfer policy in football. So before we get into the specifics of what the Bosman ruling entailed, it's worth quickly sketching out exactly who Jean-Marc Bosman was, and why this case was named after him.

Jean-Marc Bosman is a Belgian former professional footballer who played as a midfielder. After rising up through Belgium's international youth set up (he made 20 appearances at junior level), he made his name at first division club Standard Liège, playing 86 times for the club, who have regularly competed in European competitions during the past few decades. However, it's not Bosman's performances on the pitch that he's most widely known for.

Bosman signed for RFC Liege in 1988, after five years at Standard. However, when his contract expired two years later in 1990 (when he was 25), his club prevented a move to French club Dunkerque from going through, citing a £500,000 valuation and insisting that the French side pay in full up front. No agreement could be reached, and as a result, Liège kept hold of Bosman but cut his wages by 75% to £500 per month. This move may seem completely out of order now; however, at the time, there was nothing to stop the club from doing this.

Following Liège's decision, Bosman decided to challenge the system legally, bringing his case to court. He sued not just Liège, but also the Belgian FA and UEFA, his argument being that UEFA's rules, which stopped him from leaving his club despite the fact that his contract had expired, amounted to a breach of his rights in accordance with the 1957 Treaty of Rome, which allowed freedom of movement within the European Community, now the European Union.

At this point, he was suspended by his club, and sadly his professional career deteriorated rapidly in the subsequent years — after a brief spell in the French second division with Saint-Quentin, he ultimately made only a handful of professional appearances during the rest of his career. However, his battle in court would go on to shape the future of his sport in a profound way.

What was the Bosman ruling?

A famous verdict made on 15 December 1995, the Bosman ruling is a 1995 European Court of Justice decision related to freedom of movement for workers, freedom of association, and direct effect of article 39 (now article 45 of the Treaty on the Functioning of the European Union) of the TEC.

The case had a profound impact on the free movement of labour within the European Union, and most significantly for footy fans, it had a powerful effect on how footballer transfers work within in the EU (as well as the transfers of players of other professional sports).

The Bosman ruling stated that football players should be free to move when their contracts had expired, and that clubs within the European Union could hire any number of EU players.

Essentially, the decision banned restrictions on foreign EU players within national leagues and allowed players within the EU to move to another club for free (aka without a transfer fee being paid) upon reaching the end of their contract. Formally, this case was also known as Union Royale Belge des Sociétés de Football Association ASBL v Jean-Marc Bosman - sounds pretty grand, right? Well, it was an important moment in soccer history, after all. 

The ruling consolidated three separate legal cases, all of which involved the Belgian professional football player. Those three cases were:

  1. Belgian Football Association vs Jean-Marc Bosman
  2. R.F.C. de Liège vs Jean-Marc Bosman and others
  3. UEFA vs Jean-Marc Bosman

And ultimately, Bosman's case was a success. The decision made by the Luxembourg-based European Court of Justice in December 1995 put power in the hands of the players, making it impossible for another case like that of Bosman's to happen again. At the same time, its consequences weren't all totally positive. Let's spend some time exploring the wide-ranging ramifications of this moment in football history.

Impact of the Bosman ruling explained: how has it changed football?

Before the Bosman ruling, professional clubs within certain parts of Europe had the power to stop players from joining a club in another country even if their contracts had expired. Disputes didn't always go as far as Bosman and Liège's – in the United Kingdom, for instance, Transfer Tribunals had been in place since 1981 to resolve disagreements over fees between clubs when transferring out-of-contract players. But after the Bosman ruling was passed, things were a lot clearer.

Upon the expiry of their contracts, players were now free to play for any club in another country that wanted to sign them. Nowadays, players can even reach a pre-contract agreement with another club to set up a future free transfer during the final six months of their contract.

But it's not just player power that was impacted. The 1995 court decision also impacted the transfer market by allowing star players to freely exit their clubs to bigger, richer sides when the opportunity arose. For example, in 1995, Louis Van Gaal's Ajax were the dominant force in Europe, having made it to back-to-back Champions League finals in the middle of the decade. However, the ruling meant that players such as Edgar Davids (who became the first high-profile European player to benefit from the ruling when he moved from Ajax to Milan in 1996) were able to move on to big-name clubs across the continent. Ultimately, this change to European transfer rules caused a higher concentration of talent at the top end of the spectrum, making it difficult for smaller clubs to keep hold of their best players.

Domestic football across Europe was also changed by the ruling. Now, leagues in EU member states were no longer able to impose quotas on the amount of foreign players employed by each club, because it was seen as discriminating against nationals of EU states.

Before this point, UEFA allowed only three foreign players to be fielded by any side in a club competition, a limit that contributed to the fact that only 13 foreign players played in the first ever Premier League season. The influx of talent from abroad into the Premier League during the 21st century is largely down to the Bosman ruling.

There's one more important consequence worth discussing: the impact on international football. One 2021 study stated that the Bosman ruling encouraged greater homegrown talent development, thereby increasing the competitiveness of national team football. Meanwhile, the removal of the limit on EU players meant that foreign slots could be filled by non-EU players from continents such as South America and Africa. As a result, more players moved over to Europe from other continents, which in turn had an effect on the quality of the national sides of countries in those parts of the world.

The role of free transfers in the modern game

Since the early days following the Bosman case, when the likes of Edgar Davids, Paul Kane (the first UK Bosman transfer), and Steve McManaman earned high profile transfers as a result, the number of foreign players plying their trade in the Premier League and other high-profile leagues has grown enormously. Thanks to the EU ruling that allows out-of-contract footballers to move on without a fee being paid, it's now become fairly common to see players on big wages run down their contracts in an attempt to force a move to a side that they would rather play for (whether that's because they'd earn more money, they're out of favour at their current club, or they simply want a change of scene). This has had a profound effect on the modern transfer system.

Recent examples of high-profile players to move clubs as a free agent include Paul Pogba, who was able to re-join Juventus last summer after his contract with Manchester United expired, Robert Lewandowski, whose time at Borussia Dortmund ended after he signed a pre-contract agreement with Borussia Dortmund in 2013, and Lionel Messi, who joined PSG in 2021 after it became clear that a Barcelona in financial turmoil could not afford to keep him on.

The richest clubs in the world are still spending huge amounts of money on signing elite players; however, discounting the enormous wages on offer these days, it's standard practice for top players to move on to pastures new without a transfer fee as such being paid. The free movement of workers - aka footballers - in this way is all down to the Bosman ruling made back in 1995.

Transfers across European football have also been shaped by a number of other factors, one of which is the rise of data and analytics. For some fascinating insight into this aspect of the beautiful game, take a look at our article on Expected Goals (xG) and its role in modern football.