FIFA agents’ rules are contrary to the public policy of Bulgaria

According to the Study on Sports Agents in the European Union carried out, in November 2009, by a consortium composed of KEA European Affairs, EOSE and the CDES, and commissioned by the European Commission, the access, operation and control on the sports agent’s activity in Bulgaria is governed by the Act on Employment Promotion, primarily.

Representation services for employment placement cover information and consultation provision to job seekers and employers (Act on Employment Promotion, article 26). These services can be provided by individuals or legal persons.

The Act on Employment Promotion requires a prior registration with the National Agency for Employment and a permit issued by the Ministry of Labour, not by the Bulgarian Football Union (BFU), in order to operate a private employment placement in Bulgaria for profit. Notably, The Act on Employment Promotion stipulates that the agent/agency cannot receive any remuneration from the job seeker.

The foregoing implies that the recognition or enforcement of the FIFA Players’ Agents Regulations in Bulgaria is contrary to the public policy of the country.

Georgi Gradev recently addressed the Minister of Labour with a motion to render the BFU Players’ Agents Regulations and the Bulgarian Volleyball Federation Players’ Agents Regulations null and void, being contrary to the public policy of Bulgaria, which falls within the Minister’s powers, as set out in article 75 par. 1 of the Act on Employment Promotion (ed. 2009).

Sports Agents in Bulgaria – Applicable Law