Is it possible for Alexander Isak to break his contract with Newcastle United and join Liverpool without paying a transfer fee by utilizing a legal loophole?
As the transfer deadline looms, the future of star striker Alexander Isak at Newcastle United remains uncertain. The Magpies are determined to keep their prized asset unless an acceptable offer is received.
Isak has claimed promises had been made regarding a new contract or a move, but Newcastle has denied these allegations. The 25-year-old Swedish international, who signed a contract with Newcastle around 2023, is currently under a deal that extends until 30 June 2028.
According to the rules, the protected period for players under 28, like Isak, lasts for three years or three seasons, whichever comes first. In Isak's case, the protected period ends in 2026, and any attempt to leave the club before then could result in sporting sanctions.
This situation is reminiscent of the Diarra case, a landmark legal case involving former Arsenal and Chelsea midfielder Lassana Diarra. Diarra terminated his contract with Lokomotiv Moscow in 2014 and was suspended from football activity by FIFA for 15 months. However, the Diarra case has limited FIFA's powers to sanction a player in the event of termination.
If Isak were to terminate his contract with Newcastle without just cause, it is unrealistic to expect him to pay compensation in line with his transfer value. Instead, he may face sporting sanctions, such as a ban from playing for a certain period.
Despite going on strike, training separately from the rest of Eddie Howe's squad and being omitted from matchday squads, it appears unlikely that Isak will take legal action to resolve the dispute. In the opinion of sports law expert @slbsn, it is unlikely Isak will pursue such action.
Meanwhile, Newcastle's summer transfer window has seen the arrivals of Jacob Ramsey, Anthony Elanga, Aaron Ramsdale, and Malick Thiaw. However, if Liverpool or any other team does not return with an offer Newcastle considers suitable, Isak may still be with the club when the transfer window closes on September 2.
The CJEU ruling last year found that sections of FIFA's RSTP contravened EU competition law and a worker's right to free movement. This ruling could potentially impact Isak's situation, but its implications are yet to be fully understood.
If Isak were to join another English club before the protected period ends, English contract law could potentially prevent him from playing for another club for a period of time. However, after the protected period ends in 2025, Isak may leave under certain conditions without sanctions.
In theory, Isak can unilaterally terminate his contract, but he will face sporting sanctions if he does so within the protected period. The Diarra case has shown that such sanctions can be significant, but the specifics of Isak's case remain to be seen.
As the transfer deadline approaches, all eyes will be on Newcastle and Isak as they navigate this complex situation. The outcome could have significant implications for both parties and the wider world of football.
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