The uncertain consequences of Brexit for Bale and Madrid

Even producing a 'hard' Brexit without agreement, the Welshman could continue to enjoy the status of a community in the white team.


Bale and Brexit. Two British outings that have been taken for granted for a long time and that are not completed. The Welshman of Real Madrid faces an uncertain scenario once the United Kingdom's exit from the European Union seems irrevocable by January 31, 2020 after Prime Minister Boris Johnson has achieved the absolute majority that will allow him approve without problems in the Parliament of Westminster the necessary provisions to definitively carry out Brexit after three extensions.

One of the many edges of the exit is the situation of community workers who work in the United Kingdom and that of the British who make a living in other countries of the Union. In the case of Gareth Bale, the question to be addressed is a hypothetical loss of his community status and his fit in the quota of three chips of foreign players that Madrid has. Currently, the white club has only two (Militao and Vinicius), a circumstance that allows Zidane to align Rodrygo in the League, which is also extra-community and has a record of Castilla. If Bale lost the status of extra-community, the Regulation would not allow the technician to have the Brazilian having already covered the quota of three foreigners registered with the first team file.

Despite the latent risk of a hard Brexit, it seems unlikely that Madrid is abruptly faced with the scenario that Bale loses his community status on January 31. The Government approved in March a battery of measures in prevention of a hard Brexit: Royal Decree-Law 5/2019, of March 1 (BOE of March 2). The provision opens the door for Bale to retain his status as a community member when he states in his article 7.3 that "nationals of the United Kingdom who, at the time of the effective withdrawal from the United Kingdom, are permanently exercising in Spain a profession or activity Professional whose access and exercise is required to be a national of a Member State may continue to exercise it under the same conditions and without the need for additional procedures, in any case complying with the rest of the requirements to which their exercise is subject ".

Before, in Article 5.1, the Royal Decree-Law guarantees that British citizens residing in Spain before Brexit would obtain long-term residence if they have lived in Spanish territory for at least five years. A requirement that meets Bale, who signed for Madrid in September 2014. The rule, in any case, provides for the suspension of all these measures if the United Kingdom does not grant reciprocal treatment to Spanish citizens.

There are community players who are if they have nationality of an EU country

The treatment as community players does not only apply to national players from European Union countries, but also to a large number of States that have agreements with the Union. A judgment of the Court of Justice of the European Union of 2005, attended by the former Russian soccer player of Tenerife Igor Simutenkov, ruled that those athletes from countries that have agreements with the European Union for non-discrimination of their workers should be treated as community members. That benefits players like Lunin, who occupies a community position despite the fact that Ukraine does not belong to the European Union.The RFEF Regulation contemplates a safe-conduct

In the extreme case that Bale lost his status as a community player and that this affected Rodrygo's alignment, Madrid could avail himself of a discretionary RFEF decision to authorize the Brazilian's participation. Article 230 of the General Regulations, referring to foreign soccer players with chips in subsidiary or dependent teams, states: "The RFEF may authorize in each case, at the request of the club and in accordance with the requirements and conditions established in current legislation, the registration and alignment of these players in identical conditions as those of any player of Spanish nationality, community or a member State of the European Economic Area ".

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