The Kolpak Ruling and Fijian Rugby players in Europe

At the end of yesterdays blog on Saint-Andre's comments about non-French players– I raised the question whether this will have any effect on the number of Fijian players in Europe. A comment from Vhavnal on the Facebook group Silktails Rugby needs to be highlighted. His comment was that there will be no effect on the number due to the Kolpak ruling. Let me explain.

Kolpak was a Slovakian handball player who was ejected by his German club in 2000 as they had filled their quota of two non-European Union players. Kolpak took this decision of the German Handball Association to the European Court of Justice arguing that as Slovakia had an  Association Agreement with the European Union, the quota limitation placed an illegal restriction on his freedom of movement as a worker.  The court agreed with Kolpak in what is now called the ‘Kolpak’ ruling.

This ruling declares that citizens of countries which have applicable Association Agreements with the EU, and who are lawfully working within an EU country, have equal rights to work as EU citizens, and cannot have restrictions such as quotas placed upon them. Such countries include those within the African, Caribbean and Pacific (ACP) group of states, such as South Africa, Jamaica, Zimbabwe and Fiji.

The effect of this ruling on Fijian rugby players is at they will be regarded as European Union players and so do not affect the quota limitation of clubs that they play for. This will continue as long Fiji remains a member of the ACP and this body maintains an Association Agreement with EU.

Thanks Vhavnal.