What is the ‘fear clause’ and why won’t Ez Abde play Barcelona – Osasuna in LaLiga 2022-23?

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The Barça footballer, on loan to the rojillo team, will not be present at Camp Nou.

Ez Abde is one of the main absentees Club Atlético Osasuna has this afternoon from Spotify’s Camp Nou, where the rojillos play their LaLiga Santander Matchday 32 game against FC Barcelona.

Why doesn’t Ez Abde play Barcelona – Osasuna in LaLiga 2022-23?

Abde, who belongs to FC Barcelona and plays on a rental basis at Osasuna, will not play matchday 32 because the club from Pamplona has decided not to pay any economic consideration so that the striker can be present. Whyhe can not? For the famous ‘fear clause’. Why don’t they pay? Because Osasuna is playing the Copa del Rey final next Saturday and Jagoba Arrasate, as he did with most of his starters, would not have fielded him at Camp Nou. It should be remembered that Abde has not been penalized as he played the only game against Real Sociedad on matchday 31 for which he was penalized for being sent off against Cádiz.

What is the ‘fear clause’ in football?

They are famous in Spanish football and often repeated throughout the seasons. They are the now famous “fear clauses”. They occur when they are embodied in a loan contract, after the completion of a mutually agreed negotiation between the clubs, specifying that the transferring club can prevent the player in question from being used by the club where he plays on loan, in order to to avoid harming the club that owns their economic rights.

What is it and how does it work?

When this clause is included in the transfer contract and both clubs assume and accept its existence, they undertake to comply with it. How does the muedo clause work? Well, the club that detaches a football player introduces these kinds of clauses with the aim of preventing that player from playing direct matches against that team. Otherwise, the team receiving the mercenary would have to pay an economic consideration in order to count on him. In other words, if you want to deactivate that agreed ‘fear clause’ you can get the player to meet his club of origin as long as he pays an economic amount stipulated in the contract.

FIFA discourages these practices

The famous ‘fear clauses’ do not convince FIFA, which advises against such practices. This is considered under the Player Status and Transfer Rules. “No club shall enter into a contract which permits the opposing party and vice versa or third parties to take a position enabling them to influence employment and transfer matters related to the independence, politics or performance of the club’s teams.”. In other words, FIFA is not in favor of such clauses in contracts between clubs.

In Spain there are “fear clauses” and they are not illegal

While FIFA discourages these practices, it is not prohibited or illegal for domestic tournaments to include these clauses in contracts. In fact, in Spain it is completely legal and is usually included if the parties draft the contract that way. Currently, in Spanish football, the ‘fear clause’ can be applied if a club does not want a player on loan to be fielded against that club. LaLiga and the RFEF do not prohibit it.

Free choice, consensual decision

Not all clubs choose to activate this ‘fear clause’ as the clubs often don’t even think about it in the lease signed by both parties. However, there are some cases where the contract does state this and where the club wishing to use the player on loan is urged to pay a sum of money in order to field the player against his original club. For example, when Atlético de Madrid loaned Samuel Lino to Valencia, both clubs agreed that there would be no ‘fear clause’. An opposite example is precisely the case of the transfer of Ez Abde, where Osasuna has to pay a financial amount to Barça, the club that owns his rights, if he wants to field the winger against the Barça team.

Source: Goal

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