Thanks to Igor Simutenkov (right) from now Russian athletes will not suffer discrimination in Europe
Photo: AP
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Russian Athletes are Accepted in the EU
// Simutenkov’s case
Yesterday's ruling of the European Court put the Russian soccer player on the same level as the players of EU countries. From now on Russian soccer players, just like all other athletes, will enjoy same rights as citizens of EU countries upon employment.
As many as 25 EU countries soccer leagues, have limitations on the number of players, who do not have “European” citizenship, which the team can register for official matches. Usually clubs are allowed to use no more than three legionaries. Because of that teams are usually very reluctant about signing contracts with them; in the same conditions preference is usually given to players with a EU passport, for they can be used to a broader capacity. But even those legionnaires, who sign contracts with EU teams, are usually limited in their rights. In particular, they are paid less under the excuse that they cannot be used to their full capacity. Valery Karpin is one of many athletes, who had encountered this problem. In 2000 Karpin, who at the time was playing for Celta, addressed the Spanish court with a demand to force the Spain Soccer Federation to take down the legionary status from him. By his personal estimation, he was paid $500 thousand a year short of what he was owed, only because he did not have equal rights with EU players.
Karpin’s lawyers referred to the Agreement on Social Care, singed by Russia and Spain in 1994. It is not mentioned in the employment contract, however. The only point it mentions is temporary work disability benefits for Russian citizens, who work in Spain on legal basis, and vice versa. However, Article 4 of the agreement reads: “Citizens of one negotiating party are equal to citizens of the other party in their rights and liabilities, regarding points, listed in Article 2.” Article 2, in its turn, lists cases, where the agreement may be applied, including the right for benefit in case of an accident or occupational disease, invalidity, etc. Karpin’s lawyers were able to convince the court that if their client was eligible to enjoy a right for such benefit (if he receives a trauma, for instance) he would not be able to use it, since he was not on equal terms with Spanish citizens. Therefore, even the possibility of his rights being violated must be prevented. However, that ruling was a made in regard to Karpin, and did not spread over to the other Russian players.
The European Court’s ruling owes itself to another Russian soccer player – Igor Simutenkov. He too, like Valery Karpin, played for Spain. From 1999 to 2002 Simutenkov played for Tenerife and was also underpaid compared to EU players.
Simutenkov had first success in January of this year, when his lawsuit was read by the main counselor of the European Court. She agreed with validity of the Russian’s suit, which stated that the restrictions on the EU territory on the number of legionaries in soccer clubs violated the agreement signed by the EU and Russia in 1994. The name of the document is “Agreement on partnership and cooperation, confirming partnership between the Russian Federation and European Communities and their member countries.” In clause 1 of Article 23, Chapter 1 of the Agreement it says: “The following of the laws, conditions and procedures in each member state of the EU, the member states must ensure that the regulations for the Russian citizens, legally employed by the member state are not discriminative on condition of citizenship, concerning labor conditions, salary, and dismissal compared to the citizens of that country. The court counselor in her recommendation to the Court practically quoted the article of the agreement, pointing out the impossibility of discriminating of the Russian soccer players. Her decision was more a recommendation to the Court, however.
Statistics show that in 80 percent of cases the court listens to the counselor’s opinion. So this time was no exception. Moreover, the Court’s ruling mentions that since there is the agreement signed between the EU and Russia, Russians may not be subject to any discrimination when employed in sports area. Practically the court expanded the effect of its ruling not only on soccer, but on all sports leagues of the EU. Therefore, Russian athletes should have fewer problems upon their employment in Europe.
Afsati Dzhusoiti
All the Article in Russian as of Apr. 13, 2005
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