Jérémy Hélan & City (Merged)

Re: Jérémy Hélan & City (Merged)

bizzbo said:
FCLB your English is excellent, but either you or I am confused as to the legal status of M. Hélan's case.

My understanding is that he has pursued the case within the FFF, who have dismissed his claim. The FFF are a self-regulatory body, not part of the French legal system. His current case is being heard by the domestic civil courts. City have stated that this case is ongoing. I can find no evidence that any part of the French judiciary has delivered a verdict, but I admit searching for information is extremely difficult. Even if there had been a decision, I have to assume that it is still under appeal? If so, couldn't he take this appeal to a higher French court, before he appealed to the European Courts? Finally, as another poster has suggested, is it not correct that matters of employment law are heard by the ECJ, not the ECtHR?

as to your final point, EU law simply does not recognise the validity of any such contract. Let me quote Rosemary Bennet, Social Affairs Correspondant of The Times:

European Union law makes clear that, just like any other class of worker, footballers cannot sign legally binding employment contracts until they are 16 years old.

Then, like everyone else, they can work wherever they like under free movement of people laws, a cornerstone of the 27-member EU block.

Pre-contract agreements, such as the one signed by Gaël Kakuta at Lens when he was 14, have never been tested in the EU courts.

If they are, it is hard to imagine the EU siding with an employer seeking to circumvent longstanding legal protection of minors. And pre-contract agreements are a solely French tradition, unheard of in other leading footballing nations such as England and Italy. That will not help French clubs to convince EU judges that the contracts are fair and in the spirit of the community.

<a class="postlink" href="http://www.timesonline.co.uk/tol/sport/football/article6826910.ece" onclick="window.open(this.href);return false;">http://www.timesonline.co.uk/tol/sport/ ... 826910.ece</a>

The pre-contract system has never been challenged before. M. Platini may have some support within the EU and CE, but gaining an exception on such a sensitive issue would be an astonishing victory.

Yes, Helan took his case through the French Football Association tribunal system first. He failed as was expected. The Association sanctioned the use of Pre-Contracts after all, so they would hardly find them illegal. They will havehad legal advice as well as us, so be sure there is a good legal argument to be had.

Helan has now brought the case to a Labour Tribunal ( Employmnet Tribunal as we would call it). It has not been heard yet so there is no information in the public domain. The French press have been looking

Whoever loses the first hearing has the right to apply for permission to appeal to a higher court.
However, any sensible person would hope this matter is settled quickly because it is jeopardising a young player's career.

As it stands, Helan is banned from playing for any French national team because of his legal challenge. This was sanctioned by the head of the French national youth set up - Gerard Houlier.
 
Re: Jérémy Hélan & City (Merged)

As it stands, Helan is banned from playing for any French national team because of his legal challenge. This was sanctioned by the head of the French national youth set up - Gerard Houlier.

So does this mean that we can expect him to play for England in the future as well. Ohhhh the irony.
 
Re: Jérémy Hélan & City (Merged)

fbloke said:
As it stands, Helan is banned from playing for any French national team because of his legal challenge. This was sanctioned by the head of the French national youth set up - Gerard Houlier.

So does this mean that we can expect him to play for England in the future as well. Ohhhh the irony.

Yes, I should think that under the circumstances Helan is rather disenchanted with La Belle France now.
 
Re: Jérémy Hélan & City (Merged)

FCLB said:
Dubai Blue said:
If Freddy Adu was forced to decide his future professional career by signing a legally binding contract whilst he was a 13 year old child, then the US is just as backwards, third-world and tin-pottish as the French in that respect.

Trying to excuse the French system because the US does the same will not wash with me, I'm afraid.

I dont understand the "if" and the "in that respect". It seems to me that the situation is clear when it comes to Freddy Adu.

Freddy Adu is a professional football player. Consequence: one day or another, he signed for the first time a professional contract.
How old was he when he signed a professional contract? Once this is clear, there is absolutely no needs for a "if".

Please correct your post to be as affirmative as you are when it comes to the US standing.

Why in "that respect"? In your previous post, you took a broad general stance on France, not a specific stance relatively to a well-delineated subject.

Please: How old was Adu when he signed his first pro contract?
What does it mean when it comes the US in a general view?

Thank you for your cooperation.
I thought I was very clear in my views. I don't know Freddy Adu's case and nor do I care, but if he was subject to the same kind of backwards laws that are apparently prevalent in France, then I hold the US in the same disregard as I do France.

Legally binding someone to a piece of paper signed as a 13 year old is wrong. I don't really care what country it happens in; it is quite clearly wrong. And any court of actual importance to this case will tell you the same thing.

You question my use of "if". Well, if you have a problem about Freddy Adu's contract, please state it. I have neither the time nor inclination to research it. But I can promise you that my opinion will not change no matter what you reply with.

Oh, and the last time I checked, the US was not part of the EU, so I don't really see what relevance your point has.
 
Re: Jérémy Hélan & City (Merged)

johnny crossan said:
fbloke said:
As it stands, Helan is banned from playing for any French national team because of his legal challenge. This was sanctioned by the head of the French national youth set up - Gerard Houlier.

So does this mean that we can expect him to play for England in the future as well. Ohhhh the irony.

Yes, I should think that under the circumstances Helan is rather disenchanted with La Belle France now.

Might decide to play for whatever his parents or grandparent's country is (anyone know?)

I mean as a Black guy from France he/his family are probably originally from one of the former French colonies in Africa
 
Re: Jérémy Hélan & City (Merged)

[quote="Dubai Blue]
I thought I was very clear in my views. I don't know Freddy Adu's case and nor do I care, but if he was subject to the same kind of backwards laws that are apparently prevalent in France, then I hold the US in the same disregard as I do France.

Legally binding someone to a piece of paper signed as a 13 year old is wrong. I don't really care what country it happens in; it is quite clearly wrong. And any court of actual importance to this case will tell you the same thing.

You question my use of "if". Well, if you have a problem about Freddy Adu's contract, please state it. I have neither the time nor inclination to research it. But I can promise you that my opinion will not change no matter what you reply with.

Oh, and the last time I checked, the US was not part of the EU, so I don't really see what relevance your point has.[/quote]

Your position is unclear. You say that your position will come automatically to the conclusion if.
Few lines later, you state I might have a problem with Adu's contract.

The US is not part of the EU but still part of what it is called the first world. The US is usually acclaimed as the poster child for democracy and civil/human rights.

The time to research it?
-copy "freedy adu first professional contract" (two seconds)
-open browser on google (five seconds)
-paste "freddy adu first professional contract" (two seconds)
-click research button, wait for answer (one second)
Read headers.

Ten seconds research, less it took you to write your previous message.

The inclination, it is more understandable as you dont want to repeat your conclusion on a country like the US which would certainly weaken your point of view.

///////////////////////////////////////////////////////////////////////////////////////////////////////

Hélan's ancestors were from Africa but he will have to track back a number of generations to be find something else than french citizenship.

More likely, Hélan is going to play for the national english squad. All it takes is taking up english citizenship around his twenty one, twenty two and wait for the english management to give him a selection in the senior english squad.
 
Re: Jérémy Hélan & City (Merged)

The Adu comparison is irrelevant. He was signed by DC United in 2004, when he was 14, with a view to being, immediately, a member of their first team squad. Helan signed a contract that obliged him to sign a contract with a club under certain circumstances (basically, if he fulfilled his promise) several years down the line. There is a big difference between an underage party committing themselves to be paid for their services currently being performed and one which doesn't come into force until they reach adulthood.

Another example would be a studio signing a child actor to appear in a series of films, starting now as against the child being sent off to drama college having bound himself exclusively to the same studio starting at a point several years in the future provided he graduated the course with top marks. The former may be permitted in the US. The latter? I very much doubt it, unless an American lawyer can confirm otherwise.
 
Re: Jérémy Hélan & City (Merged)

FCLB said:
[quote="Dubai Blue]
I thought I was very clear in my views. I don't know Freddy Adu's case and nor do I care, but if he was subject to the same kind of backwards laws that are apparently prevalent in France, then I hold the US in the same disregard as I do France.

Legally binding someone to a piece of paper signed as a 13 year old is wrong. I don't really care what country it happens in; it is quite clearly wrong. And any court of actual importance to this case will tell you the same thing.

You question my use of "if". Well, if you have a problem about Freddy Adu's contract, please state it. I have neither the time nor inclination to research it. But I can promise you that my opinion will not change no matter what you reply with.

Oh, and the last time I checked, the US was not part of the EU, so I don't really see what relevance your point has.

Your position is unclear. You say that your position will come automatically to the conclusion if.
Few lines later, you state I might have a problem with Adu's contract.

The US is not part of the EU but still part of what it is called the first world. The US is usually acclaimed as the poster child for democracy and civil/human rights.

The time to research it?
-copy "freedy adu first professional contract" (two seconds)
-open browser on google (five seconds)
-paste "freddy adu first professional contract" (two seconds)
-click research button, wait for answer (one second)
Read headers.

Ten seconds research, less it took you to write your previous message.

The inclination, it is more understandable as you dont want to repeat your conclusion on a country like the US which would certainly weaken your point of view.

///////////////////////////////////////////////////////////////////////////////////////////////////////

Hélan's ancestors were from Africa but he will have to track back a number of generations to be find something else than french citizenship.

More likely, Hélan is going to play for the national english squad. All it takes is taking up english citizenship around his twenty one, twenty two and wait for the english management to give him a selection in the senior english squad.[/quote][/quote][/quote][/quote]


Thank you for coming on to debate with us. This is not about being anti-French, I hope. The issue of what is and isn't allowed in USA is irrelevant as we are part of the EU and USA is not. The laws are different in different parts of the world.

The matter of pre-contracts is sanctioned by the FFF. The FFF have legal advice which says pre-contracts are OK within French and therefore EU law. The tribunals of the FFF have upheld the pre-contracts on that basis. Helan is asking the French law courts to confirm or refute the legal advice given to the FFF.

That is clear.

The first issue is a legal one. Can a minor (below the age of 16) enter into an binding agreement for the future. English law says not, and I believe EU law says not. French law may say otherwise, I don't know for sure. Then the question is whether French law is in line with EU law, as we are all subservient to EU Law in these matters. Or is there a declaration that football is a special case within EU law?

The other issue is about personal choice. There is evidence Helan didn't want to stay at Rennes, but there is no evidence that Helan had his 'head turned' by City. Should he be forced to do something he doesn't want to do and that he feels will affect his career badly, just because he signed a piece of paper at the age of 13. The law sensibly says he couldn't know the implications of that piece of paper at that young age.

Helan has had his career disrupted becuse of this situation. He is banned from national teams. He is under huge stress.

No one disputes the wrong of moving children around in case 'they make it big' and then dumping them when they don't. That can be stopped. But you can't deny young people their choices. All you can do is ensure they are taken care of and given a clear future (in football or not), and then ensure anyone who has helped develop them them is compensated.

That is true in every day life, why not in football?
 
Re: Jérémy Hélan & City (Merged)

scottyboi said:
French child trafficking bastards i hope you choke on a snail.


Short and straight to the point.. even if completely unwaranted with the ongoing debate, which I am finding good to read.
 

Don't have an account? Register now and see fewer ads!

SIGN UP
Back
Top
  AdBlock Detected
Bluemoon relies on advertising to pay our hosting fees. Please support the site by disabling your ad blocking software to help keep the forum sustainable. Thanks.