Eligibility of Teenagers in Late-Hour Games

The 'specificity of sport' is a unique legal concept that emphasizes the distinct characteristics of sport, setting it apart from other activities. It recognizes that sports have their own set of rules, structures, and social and educational functions, which may not always align with general legal principles. The European Court of Justice and the European Commission have shaped this concept, requiring a case-by-case assessment of sporting rules' compatibility with EU law.

In 2009, the 'specificity of sport' was formally recognized in the amended Treaty of the European Union. This recognition, as stated in article 1653 of the Treaty, underscores the paramount importance of the 'specificity of sport' in the legal system, highlighting its unique and significant role:

“The Union shall contribute to the promotion of European sporting issues, while taking account of the specific nature of sport, its structures based on voluntary activity and its social and educational function.”

Through this principle, many cases have emerged, and exceptional provisions have been applied to them that differ from the general rule of law as they relate to the specificity of sports.

Recent Debate: Eligibility of Teenagers in Late-Hour Games

Recently, the issue of “The eligibility of teenagers to participate in late-hour games” has gained significant attention because it conflicts with local labor laws regulating the working hours of underage individuals. This debate was widely discussed across various platforms, specifically after the appearance of one of the big stars in the UEFA Euro 2024, the Spanish player Lamine Yamal, who is only 16 years old.

Due to the lack of explicit text in the game's rules specifying the time minors are entitled to participate in matches, the issue has become a complex intersection of local laws, international regulations, and organizational policies, necessitating a comprehensive approach to resolve it.

Therefore, we must conduct an in-depth study based on the relevant German laws, FIFA, and UEFA regulations, supported by jurisprudence and related cases, to fully understand the implications of this issue.

??????? I.??????????? German Jurisdiction

The 'Jugendarbeitsschutzgesetz' (Youth Labor Protection Act) provides comprehensive protections for minors in employment, including professional sports, to protect them from exploitation and ensure their work does not interfere with their education and development. This law sets out specific working hour limits for minors, with exceptions for certain circumstances, such as sports events. This extension exception for young athletes involved in competitive sports is granted to accommodate training, competitions, and travel related to their sports activities.

By this law, the general working hours for minors aged 15 to 17 is 8 hours a day and 40 hours a week between 6:00 a.m. and 8:00 p.m. Except that section “§ 14 Abs. 2 JArbSchG” allows young people aged 16 and above to participate in events until 11:00 p.m. if their type of employment is a "multi-shift operations," which typically refers to workplaces where employees work shifts covering different parts of the day, including late evening.

From this principle, football clubs are to be considered to operate similarly to multi-shift businesses since matches, training sessions, and other associated activities like travel may occur at any time of the day, extending into the evening. Therefore, in this view, this provision may be deemed to apply. Lamin Yamal and other teenagers can participate in late-hour games until 11 p.m.

????? II.??????????? UEFA and FIFA’s regulations

UEFA's regulations are not just rules; they are a framework designed to ensure a balance between player development and welfare. For example, within the Youth Development Programme, clubs are mandated to implement youth development initiatives that prioritize the health and well-being of young athletes, emphasizing the critical role of maintaining this balance.

Moreover, UEFA's Medical Regulations regarding Player Health highlight the importance of safeguarding the health of all players. This is achieved through meticulous scheduling and comprehensive medical care, ensuring their health and fitness are closely monitored to prevent excessive physical strain. According to football medicine experts, minors need extra care in football due to their ongoing growth and development, which makes them more susceptible to injuries. Tailored training programs, balanced nutrition, and adequate rest are crucial for their physical and mental well-being.

In addition, as the global governing body of football, FIFA underscores the protection of young players through its regulations on the Status and Transfer of Players, such as Article 19 on the Protection of Minors. This article establishes stringent guidelines for the international transfer and registration of players under 18, ensuring their protection and compliance with local laws.

These regulations collectively emphasize the importance of providing excellent care for players' health and physical fitness. They also highlight the need for specific legal systems to focus on the conditions applicable to minors. This approach delineates a clear distinction between fully competent and minor players, advocating for differentiated treatment to address their unique needs appropriately.

??? III.??????????? Jurisprudence

Case: CAS 2008/A/1485 FC Midtjylland A/S v. FIFA

The Court of Arbitration for Sport's ruling in favor of strict compliance with regulations protecting minors is a significant decision that emphasizes the importance of their well-being and adherence to local laws. The panel's confirmation of the Player Status Committee's decision carries substantial weight, stating:

“Reverting to the crucial issue of the protection of minors in the matter at stake, the Committee wished to emphasize that the aim of the relevant provision in the Regulations is the protection of minors. The protection of minors, in fact, constitutes one of the principles included in the agreement that was concluded between FIFA, UEFA and the European Commission in March 2001 and is one of the pillars of the Regulations…”

Conclusion and Recommendations

Given the intersection of these various regulations and laws, we can notice a fine line in offering exceptional treatment for minors. Thus, teenagers' ineligibility to participate in games scheduled after 11 p.m., like Lamin Yamal, a 16-year-old player, is well-founded in a comprehensive framework of local German law (JArbSchG) and FIFA and UEFA compliance. Supported by relevant jurisprudence, these rules collectively ensure the welfare and development of young athletes. Clubs and organizers must strictly adhere to these regulations to uphold the integrity and health of young players.

However, minors’ attendance might be facilitated in several ways, either by receiving special permission from the relevant authorities, a court order, a specific exception for the event, or being accompanied by a legal guardian.

In striving for fairness, protection of young athletes, avoiding ambiguity, misinterpretation, and greater transparency in the enforcement process, it is recommended that regulations be strengthened to ensure comprehensive protection for young athletes. This can include more specific guidelines on match schedules, mandatory rest periods, and details crucial to their welfare.

By Nabih El Jouni

Lawyer and Sports Law Specialist