Britain’s withdrawal from the European Union (“EU”), looks set to herald a change in County cricket’s ‘Kolpak’ system. Under Kolpak a foreign cricketer can play in County cricket without using up a Counties quota of overseas players. This article will look at Kolpak, its impact and how this may change in post Brexit Britain.
What is Kolpak?
The term derives from a European Court of Justice (“ECJ”) judgment on 8 May 2003, concerning a Slovakian handball player, Maros Kolpak. Slovakia at the time was not a member of the EU and the ECJ ruled that citizens of countries which have signed an EU association agreement (a treaty between Non-EU countries and countries within the EU) have the right to work as EU citizens. South Africa, Zimbabwe and a number of Caribbean countries are part of several nations, which signed the Cotonou agreement with 15 EU countries, of which Britain was one.
Judgements from the ECJ are binding on matters of EU Law, and therefore Britain was obliged to accept the ruling. So because of this arrangement, cricketers from the aforementioned countries can play for County teams without using up the quota of overseas players (One in the County Championship/two in Twenty20). Cricketers, who have played in England under this rule, include former England coach Andy Flower, current South African international Francois Du Plessis and West Indian batsman Dwayne Smith.
The impact of Kolpak
The England and Wales Cricket Board (ECB) have been concerned about the impact these players will have on domestic cricket. It reached its peak in 2008 when Kolpak players numbered 60 out of approximately 400 professional cricketers. Whilst many argue it has improved the standard of county cricket, it has also been suggested that it reduces the opportunities for English cricketers to play for their counties.
The ECB have tried a number of measures to address these concerns, but have often found their efforts legally unenforceable. One such measure, declared that to qualify as a Kolpak player, the cricketer should not have represented his country for 12 months or more. However this was deemed to have breached the Kolpak ruling and was quickly abandoned.
In 2008, there were amendments to the Cotonou agreement, as the EU declared that the agreement referred primarily to free trade of goods and services as opposed to freedom of movement. Consequently the ECB were able to introduce a restriction, which stated that only after an individual had a valid work permit for four years would they qualify as an EU citizen.
Kolpak: Post Brexit
For Britain, leaving the EU looks set to render the Kolpak ruling void and the ECB will be free to set restrictions on foreign players. The possible impact is debatable, and as outlined above it depends on your point of view. It could increase the opportunity for English players, but equally the quality of the domestic game could suffer. This could be felt particularly in domestic Twenty20, where the bigger crowds have provided a steady revenue stream for Counties.
However, in light of the uncertainly created by Brexit, predictions such as the end of Kolpak (or an equivalent system) may be premature. We don’t yet know what Brexit will entail, whether Britain will become a member of the European Economic Area or if access to the single market will require compromise on freedom of movement. As with the rest of Country, County Cricket and its Kolpak players can only sit and wait to see what the future may hold.
edwardjeavonssportslaw 