Kolpak
Encyclopedia
The Kolpak ruling is a European Court of Justice
European Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...

 ruling handed down on May 8, 2003 in favour of Maroš Kolpak
Maroš Kolpak
Maroš Kolpak is a Slovak handball goalkeeper and coach. Kolpak played 71 national team games for Slovakia...

, a Slovak
Slovakia
The Slovak Republic is a landlocked state in Central Europe. It has a population of over five million and an area of about . Slovakia is bordered by the Czech Republic and Austria to the west, Poland to the north, Ukraine to the east and Hungary to the south...

 handball
Team handball
Handball is a team sport in which two teams of seven players each pass a ball to throw it into the goal of the other team...

 player. It declared that citizens of certain countries which have signed agreements with the European Union, have the same right to freedom of work and movement within the EU as EU citizens. Thus any restrictions placed on their right to work (such as quotas setting maximum numbers of such foreign players in sports teams) are deemed illegal under EU law. The legal actions in Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...

 set a precedent for professional sports
Professional sports
Professional sports, as opposed to amateur sports, are sports in which athletes receive payment for their performance. Professional athleticism has come to the fore through a combination of developments. Mass media and increased leisure have brought larger audiences, so that sports organizations...

 in Europe, which have had a wide-ranging effect, especially in regard to English county cricket
County Championship
The County Championship is the domestic first-class cricket competition in England and Wales...

 and European professional rugby.

A Kolpak player or Kolpak, is a term used in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

 for players in the domestic leagues in cricket
Cricket
Cricket is a bat-and-ball game played between two teams of 11 players on an oval-shaped field, at the centre of which is a rectangular 22-yard long pitch. One team bats, trying to score as many runs as possible while the other team bowls and fields, trying to dismiss the batsmen and thus limit the...

 and both rugby codes
Rugby football
Rugby football is a style of football named after Rugby School in the United Kingdom. It is seen most prominently in two current sports, rugby league and rugby union.-History:...

 from overseas, subject to the Kolpak ruling.

Court Ruling

The Court of Justice's Bosman ruling
Bosman ruling
Union Royale Belge des Sociétés de Football Association ASBL v Jean-Marc Bosman is a 1995 European Court of Justice decision concerning freedom of movement for workers, freedom of association, and direct effect of article 39 of the EC Treaty...

 in 1995 had declared that, in accordance with the EC Treaty rules regarding freedom of movement for workers
Freedom of movement for workers
The freedom of movement for workers is a policy chapter of the acquis communautaire of the European Union. It is part of the free movement of persons and one of the four economic freedoms: free movement of goods, services, labour and capital...

, no resident of the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...

 should be restricted from working in another part of the EU on the grounds of their nationality. For example, a German football team could not be prevented from signing a Greek
Greece
Greece , officially the Hellenic Republic , and historically Hellas or the Republic of Greece in English, is a country in southeastern Europe....

 player since both nations are members of the EU.

Maroš Kolpak
Maroš Kolpak
Maroš Kolpak is a Slovak handball goalkeeper and coach. Kolpak played 71 national team games for Slovakia...

 was a Slovakian handball
Team handball
Handball is a team sport in which two teams of seven players each pass a ball to throw it into the goal of the other team...

 player, who was legally resident and working in Germany. He had been playing for the German second division handball side TSV Ostringen since 1997. The German Handball Association had a rule (Rule 15) which prohibited its member clubs from fielding more than two non-EU citizens. At that time, Slovakia
Slovakia
The Slovak Republic is a landlocked state in Central Europe. It has a population of over five million and an area of about . Slovakia is bordered by the Czech Republic and Austria to the west, Poland to the north, Ukraine to the east and Hungary to the south...

 was not yet a member of the European Union (it joined the EU in May 2004), and therefore the Bosman ruling did not apply to its citizens. Slovakia did however have an Association Agreement
European Union Association Agreement
A European Union Association Agreement is a treaty between the European Union and a non-EU country that creates a framework for co-operation between them. Areas frequently covered by such agreements include the development of political, trade, social, cultural and security links...

 with the European Union.

Kolpak was ejected by his club in 2000 as they had filled their quota of two non-EU players. Kolpak challenged the German Handball Association, claiming that Rule 15, by treating him differently from German citizens, placed an illegal restriction on his freedom of movement as a worker. The German Handball Association held that equality of treatment applied only to citizens of European Union countries (as per the Bosman Ruling) and not to non-EU citizens. The case was referred by the German higher court
Oberlandesgericht
The Oberlandesgericht is one of the 'ordinary courts' in Germany...

 to the European Court of Justice
European Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...

, for a determination on whether the Association Agreement between Slovakia and the European Union provided equal rights for Slovakian workers who were living and working legally within the EU. The Court ruled in favour of Kolpak.

Thus the Kolpak Ruling declares that citizens of countries which have applicable Association Agreement
European Union Association Agreement
A European Union Association Agreement is a treaty between the European Union and a non-EU country that creates a framework for co-operation between them. Areas frequently covered by such agreements include the development of political, trade, social, cultural and security links...

s with the EU, and who are lawfully working within a 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 and Zimbabwe.

Cricket

In practice the decision has allowed English county cricket clubs to employ the services of a multitude of overseas cricketers, especially from South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...

. Prior to the Kolpak ruling ECB
England and Wales Cricket Board
The England and Wales Cricket Board is the governing body of cricket in England and Wales. It was created on 1 January 1997 combining the roles of the Test and County Cricket Board, the National Cricket Association and the Cricket Council...

 rules had limited each county to one overseas (non-EU) professional.

County cricket clubs could already employ any number of EU residents under the Bosman ruling
Bosman ruling
Union Royale Belge des Sociétés de Football Association ASBL v Jean-Marc Bosman is a 1995 European Court of Justice decision concerning freedom of movement for workers, freedom of association, and direct effect of article 39 of the EC Treaty...

. There are no other strong cricketing nations within the EU, however, which explains why it was Kolpak, not Bosman, which has had the significant impact on English county cricket. The largest group of countries with an association agreement with the EU is the ACP Group of States, which includes South Africa, Zimbabwe
Zimbabwe
Zimbabwe is a landlocked country located in the southern part of the African continent, between the Zambezi and Limpopo rivers. It is bordered by South Africa to the south, Botswana to the southwest, Zambia and a tip of Namibia to the northwest and Mozambique to the east. Zimbabwe has three...

, and many of the nations that supply the West Indies cricket team.

The English Cricket Board ruled that a player must not have represented their own country for over twelve months in order to qualify for Kolpak status but after South African Jacques Rudolph
Jacques Rudolph
Jacobus Andries Rudolph , popularly known as Jacques Rudolph, is a South African Test and ODI cricketer currently playing in England with Yorkshire CCC and in South Africa with Titans.He had an unbeaten 222 in his debut Test inning...

 signed for Yorkshire
Yorkshire County Cricket Club
Yorkshire County Cricket Club represents the historic county of Yorkshire as one of the 18 major county clubs which make up the English and Welsh domestic cricket structure....

, they admitted that this rule was unenforceable.

In an effort to combat the influx of Kolpak players, the ECB linked the central payments made to counties, to the number of English qualified players who play for that county. This in effect means that every game a Kolpak player plays instead of an English qualified player, a county gets £1,100 less from the ECB. As this was classed as a way of encouraging counties to develop young players who could go on to play for England, rather than a restrictive quota system, it was legal under the EU rules. However, the system did not result in a significant drop in the number of Kolpak players, as counties chose to continue to sign foreign players, rather than maximize their handout from the ECB. The influx reached a peak in 2008, when during a match between Northants and Leicester, half the players on the field were from non-EU countries.

In 2008, the EU changed its reading of the Cotonou Agreement
Cotonou Agreement
The Cotonou Agreement is a treaty between the European Union and the African, Caribbean and Pacific Group of States . It was signed in June 2000 in Cotonou, the largest city in Benin, by 78 ACP countries and the then fifteen Member States of the European Union...

 (the Association Agreement between the EU and the ACP countries). It now stated that the Cotonou agreement should not be interpreted as mandating free movement of labour, but rather the free trade of goods and services. The Home Office were subsequently able to introduce new rules placing restrictions on Kolpak players, stating that only those who had held a valid work permit for four years had the right to be treated the same as EU citizens.

Current County cricketers registered under Kolpak

  • Derbyshire
    Derbyshire County Cricket Club
    Derbyshire County Cricket Club is one of the 18 major county clubs which make up the England and Wales domestic cricket structure, representing the historic county of Derbyshire...

     — Wayne Madsen
    Wayne Madsen (cricketer)
    Wayne Lee Madsen is a South African cricketer and current Kolpak player for Derbyshire County Cricket Club. Hailing from a strong cricketing family, with uncles Michael Brian Madsen, Henry Fotheringham and Trevor Madsen, and cousin Greg Fotheringham all playing first class cricket in South Africa,...

    , Greg Smith
    Greg Smith (cricketer, born 1983)
    Gregory Marc Smith is a South African cricketer. He is a right-handed batsman and a right-arm medium-fast bowler who plays for Derbyshire....

  • Durham
    Durham County Cricket Club
    Durham County Cricket Club is one of the 18 major county clubs which make up the English and Welsh national cricket structure, representing the historic county of Durham. Its limited overs team is called the Durham Dynamos. Their kit colours are blue with yellow trim and the shirt sponsor was...

     — Dale Benkenstein
    Dale Benkenstein
    -External links:****...

     Michael Di Venuto
    Michael Di Venuto
    Michael James Di Venuto is a former Australian cricketer of Italian descent who played first-class cricket for Tasmanian Tigers and One Day Internationals for Australia. Although he has retired from representative cricket in Australia, he currently continues to play for Durham CCC. He has also...

  • Essex
    Essex County Cricket Club
    Essex County Cricket Club is one of the 18 major county clubs which make up the English and Welsh national cricket structure, representing the historic county of Essex. Its limited overs team is called the Essex Eagles, their team colours this season are blue.The club plays most of its home games...

     —
  • Glamorgan
    Glamorgan County Cricket Club
    Glamorgan County Cricket Club is one of the 18 major county clubs which make up the English and Welsh national cricket structure, representing the historic county of Glamorgan aka Glamorganshire . Glamorgan CCC is the only Welsh first-class cricket club. Glamorgan CCC have won the English County...

     —
  • Gloucestershire
    Gloucestershire County Cricket Club
    Gloucestershire County Cricket Club is one of the 18 major county clubs which make up the English and Welsh national cricket structure, representing the historic county of Gloucestershire. Its limited overs team is called the Gloucestershire Gladiators....

     —
  • Hampshire
    Hampshire County Cricket Club
    Hampshire County Cricket Club represents the historic county of Hampshire in cricket's County Championship. The club was founded in 1863 as a successor to the Hampshire county cricket teams and has played at the Antelope Ground from then until 1885, before moving to the County Ground where it...

     — Neil McKenzie
    Neil McKenzie
    Neil Douglas McKenzie is a South African cricketer. He is a right-handed opening batsman who plays for South Africa, making his first appearance in 2000. Strong on the leg side, he is also a very good player of spin...

    , Friedel de Wet
    Friedel de Wet
    Friedel de Wet is a South African first-class and Test cricketer.He was educated at the University of Technology in Pretoria. He has represented the UCBSA National Academy, Titans, Lions, North West and the Northerns as a right-handed batsman and a right-arm fast-medium bowler...

  • Kent
    Kent County Cricket Club
    Kent County Cricket Club is one of the 18 first class county county cricket clubs which make up the English and Welsh national cricket structure, representing the county of Kent...

     — Martin van Jaarsveld
    Martin van Jaarsveld
    Martin van Jaarsveld is a South African cricketer who played nine Tests and eleven One Day Internationals for South Africa between 2002 and 2004...

    , Makhaya Ntini
    Makhaya Ntini
    Makhaya Ntini is a former South African cricketer who was the first ethnically black player to play for the South African team. A fast bowler, he tends to bowl from wide of the crease with brisk, although not express, pace...

  • Lancashire
    Lancashire County Cricket Club
    Lancashire County Cricket Club represents the historic county of Lancashire in cricket's County Championship. The club was founded in 1864 as a successor to Manchester Cricket Club and has played at Old Trafford since then...

     — Daren Powell
    Daren Powell
    Daren Brent Lyle Powell is a West Indian cricketer who plays first-class cricket for Jamaica. A right-arm fast medium bowler, he has played Test matches and One Day Internationals for the West Indian cricket team. Despite starting his cricketing career as a number 3 batsman, Powell is a genuine...

  • Leicestershire
    Leicestershire County Cricket Club
    Leicestershire County Cricket Club is one of the 18 major county clubs which make up the English and Welsh national cricket structure, representing the historic county of Leicestershire. It has also been representative of the county of Rutland....

     — Jermaine Lawson
    Jermaine Lawson
    Jermaine Jay Charles Lawson is a West Indian cricketer who has played in 13 Tests and 13 ODIs.Lawson is a fast bowler capable of bowling over 150 km/h...

    , Jacques Du Toit
    Jacques Du Toit
    Jacques Du Toit is a cricketer who plays for Leicestershire. He is a middle order right handed batsman who can also bowl medium fast.-Cricket career:...

  • Middlesex
    Middlesex County Cricket Club
    Middlesex County Cricket Club is one of the 18 major county clubs which make up the English and Welsh domestic cricket structure, representing the historic county of Middlesex. It was announced in February 2009 that Middlesex changed their limited overs name from the Middlesex Crusaders, to the...

     — Corey Collymore
    Corey Collymore
    Corey Dalanelo Collymore is a Barbadian cricketer whose speciality is seam bowling. He has represented the West Indies team in both Tests and ODIs cricket. In a side that so often chopped and changed he became one of their most experienced bowlers...

  • Northamptonshire
    Northamptonshire County Cricket Club
    Northamptonshire County Cricket Club is one of the 18 major county clubs which make up the English and Welsh domestic cricket structure, representing the historic county of Northamptonshire. Its limited overs team is called the Northants Steelbacks. The traditional club colour is Maroon. During the...

     — Andrew Hall
    Andrew Hall
    Andrew James Hall is a South African cricketer and a former member of the South African cricket team . He is an all-rounder who bowls fast-medium pace, and has been used as both an opening batsman and in the lower order. Prior to making it on the South African first class cricket scene he played...

  • Nottinghamshire
    Nottinghamshire County Cricket Club
    Nottinghamshire County Cricket Club is one of the 18 major county clubs which make up the English and Welsh domestic cricket structure, representing the historic county of Nottinghamshire, and the current county champions. Its limited overs team is called the Nottinghamshire Outlaws...

     — Andre Adams
    Andre Adams
    Andre Ryan Adams is a New Zealand cricketer of Caribbean descent who has played one Test and 42 One Day International, taking 53 wickets at a bowling average of 31. He has also scored over 400 ODI runs with a batting strike rate above 100...

    , Riki Wessels
    Riki Wessels
    Mattheus Hendrik Wessels, also known as Riki Wessels, is an Australian cricketer who has played for the cricket teams of Marylebone Cricket Club and Northamptonshire...

  • Somerset
    Somerset County Cricket Club
    Somerset County Cricket Club is one of the 18 major county clubs which make up the English and Welsh domestic cricket structure, representing the historic county of Somerset...

     — Charl Willoughby
    Charl Willoughby
    Charl Myles Willoughby is a South African cricketer who played two Tests and three ODIs for South Africa between 2000 and 2003. He played for Boland and Western Province before spending two seasons with the Cape Cobras. He has also played English county cricket, and after a season with...

    , Alfonso Thomas
    Alfonso Thomas
    Alfonso Clive Thomas is a South African cricketer who has represented his country in one Twenty20 International. He is a right arm fast-medium bowler and a big hitting lower-order batsman...

  • Surrey
    Surrey County Cricket Club
    Surrey County Cricket Club is one of the 18 professional county clubs which make up the English and Welsh domestic cricket structure, representing the historic county of Surrey. Its limited overs team is called the Surrey Lions...

     — Zander de Bruyn
    Zander de Bruyn
    Zander de Bruyn is a South African cricketer. He is a right-handed batsman and a right-arm medium-fast bowler. He has played three Test matches for South Africa, and currently plays domestic cricket for the Highveld Lions and Surrey County Cricket Club...

  • Sussex
    Sussex County Cricket Club
    Sussex County Cricket Club is the oldest of the 18 major county clubs which make up the English and Welsh domestic cricket structure, representing the historic county of Sussex. The club was founded as a successor to Brighton Cricket Club which was a representative of the county of Sussex as a...

     — Murray Goodwin
    Murray Goodwin
    Murray William Goodwin is a cricketer who played 19 Tests and 71 One Day Internationals for Zimbabwe. He is a right-handed top order batsman strong on the back-foot and a good cutter and puller of the ball....

     Dwayne Smith
    Dwayne Smith
    Dwayne Romel Smith is a cricketer who has represented the West Indies. An all-rounder, he is known as an aggressive and powerful right-handed batsman, bowls medium pace, and is also an athletic fielder. Smith has played for Barbados since the start of his career but has also played three seasons...

  • Warwickshire
    Warwickshire County Cricket Club
    Warwickshire County Cricket Club is one of the 18 major county clubs which make up the English and Welsh domestic cricket structure, representing the historic county of Warwickshire. Its limited overs team is called the Warwickshire Bears. Their kit colours are black and gold and the shirt sponsor...

     — Neil Carter, Ant Botha
    Ant Botha
    Anthony Greyvensteyn Botha is a South African former cricketer who played for the cricket teams of Natal B, Natal, South Africa Academy, KwaZulu-Natal B, KwaZulu-Natal, Easterns, Derbyshire and Warwickshire....

  • Worcestershire
    Worcestershire County Cricket Club
    Worcestershire County Cricket Club is one of the 18 major county clubs which make up the English and Welsh domestic cricket structure, representing the historic county of Worcestershire...

     —
  • Yorkshire
    Yorkshire County Cricket Club
    Yorkshire County Cricket Club represents the historic county of Yorkshire as one of the 18 major county clubs which make up the English and Welsh domestic cricket structure....

     — Jacques Rudolph
    Jacques Rudolph
    Jacobus Andries Rudolph , popularly known as Jacques Rudolph, is a South African Test and ODI cricketer currently playing in England with Yorkshire CCC and in South Africa with Titans.He had an unbeaten 222 in his debut Test inning...


Rugby

In rugby league and rugby union, the Kolpak ruling has allowed teams to sign many players from Fiji
Fiji
Fiji , officially the Republic of Fiji , is an island nation in Melanesia in the South Pacific Ocean about northeast of New Zealand's North Island...

, Tonga
Tonga
Tonga, officially the Kingdom of Tonga , is a state and an archipelago in the South Pacific Ocean, comprising 176 islands scattered over of ocean in the South Pacific...

 and Samoa
Samoa
Samoa , officially the Independent State of Samoa, formerly known as Western Samoa is a country encompassing the western part of the Samoan Islands in the South Pacific Ocean. It became independent from New Zealand in 1962. The two main islands of Samoa are Upolu and one of the biggest islands in...

, all of which are also ACP countries. Many rugby union clubs have also signed South African players under Kolpak. In a related issue, New Zealand legend Andrew Mehrtens
Andrew Mehrtens
Andrew Philip Mehrtens MNZM is a New Zealand rugby union footballer, currently playing in France for Béziers, a club in the third-level Fédérale 1 league...

, who was born in Durban
Durban
Durban is the largest city in the South African province of KwaZulu-Natal and the third largest city in South Africa. It forms part of the eThekwini metropolitan municipality. Durban is famous for being the busiest port in South Africa. It is also seen as one of the major centres of tourism...

, decided to pursue a South African passport when he signed with the English side Harlequins
Harlequin F.C.
The Harlequin Football Club is an English rugby union team who play in the top level of English rugby, the Aviva Premiership. Their ground in London is Twickenham Stoop...

 for the 2005-06 National Division One season
National Division One 2005-06
National Division One is a club rugby union competition in England. 2005-06 champions Harlequins were promoted to the Guinness Premiership for the 2006-07 season...

, as it would enable the club to sign another non-EU and non-Kolpak player.

External links

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