Law and/or Enforcement

Whilst I studied for my master degree in laws over 4 years ago at Durham, I very much recall being fascinated by a legal theory question that essentially posed the question: What acts as a greater deterrence, law itself or enforcement of the law?

Ultimately, the obvious conclusion is that without enforcement, law itself is rendered redundant. So it begs the question of why many football regulatory bodies set down such extensive regulations yet not prepare itself to be able to enforce the regulations?

At a recent AFA (Association of Football Agents) meeting in London, The FA's key financial regulation department figures themselves admitted they did not have the man power or finances in order to always be able to speedily forward on finances held in their account, let alone to fully enforce all the regulations rigorously.

[For those interested in the AFA please visit here.]

The FA are ready to admit there is a problem with unlicensed agents operating in the business for example or a knowledge that players and agents are signing contracts but not lodging with the FA or know that experienced pro players are trying to sign shorter representation agreements which are not in line with FA regulations - but really do not have the time or resources to investigate. As a result, where these people can get away with sometimes notably honest mistakes or mis-alignment with the regulations and should be due just a quick personal reminder, this never comes and these (sometimes honest) corners can easily open up to something much wider to those who care to exploit it.

An example would be pretty crime. If petty crime was not acted upon and enforced then criminals would move on and on to see how far they can go without repercussion. Likewise this is happening in our industry.

One of the most known reactions recently by FIFA to the fact that many people operate out of alignment with agent regulations they set at the top and through associations country by country is to look to allow agents to operate without a license potentially from the end of this year. They want to do this so their regulations towards agents and anything related will apply to anyone automatically who is involved in this side of the game - regardless of whether they are licensed. Again all this relates to is greater regulations. But the key question should be what is being done to increase enforcement?

I'll make this rather simple. Unless FIFA, the FA and other bodies looking at increasing what can be done to increase enforcement - not just to agents - but to players, clubs and more who wish to deviate from the regulations relating to transactions and more - then why bother to look at what can be done with changing the regulations? Otherwise all your doing is widening the catchment of what the law applies. Is that enough?