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The O'Shea View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote The O'Shea Quote  Post ReplyReply Direct Link To This Post Posted: 11 Sep 2019 at 7:01pm
Originally posted by Left foot Left foot wrote:

Legal definitions and Fifa statutes aside, I get the feeling that if Johansson really pushes for this hard he could make it happen.

Johansson can't "push hard", it's completely out of his hands now? This is not some sort of gut test where wanting something badly enough gets it for you, it's an administrative process between FIFA, the FAI, and the Luxembourg FA.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Left foot Quote  Post ReplyReply Direct Link To This Post Posted: 11 Sep 2019 at 7:03pm
Originally posted by The O'Shea The O'Shea wrote:

Originally posted by Left foot Left foot wrote:

Legal definitions and Fifa statutes aside, I get the feeling that if Johansson really pushes for this hard he could make it happen.

Johansson can't "push hard", it's completely out of his hands now? This is not some sort of gut test where wanting something badly enough gets it for you, it's an administrative process between FIFA, the FAI, and the Luxembourg FA.

Fair enough oshea but do you think we'll ever see him in the green or is this highly unlikely?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote The O'Shea Quote  Post ReplyReply Direct Link To This Post Posted: 11 Sep 2019 at 7:11pm
Originally posted by Left foot Left foot wrote:

Originally posted by The O'Shea The O'Shea wrote:

Originally posted by Left foot Left foot wrote:

Legal definitions and Fifa statutes aside, I get the feeling that if Johansson really pushes for this hard he could make it happen.

Johansson can't "push hard", it's completely out of his hands now? This is not some sort of gut test where wanting something badly enough gets it for you, it's an administrative process between FIFA, the FAI, and the Luxembourg FA.

Fair enough oshea but do you think we'll ever see him in the green or is this highly unlikely?

Precedent and the intention of the statute are certainly in our favour. From a purely literalist interpretation of the statute, not so much. On the balance of things though I'd be confident of this going our way.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Luis Amor Rodriguez Quote  Post ReplyReply Direct Link To This Post Posted: 11 Sep 2019 at 7:40pm
O'Shea, I don't mean to be rude, but you're basically bluffing on entirely unsupported assertion. 

Where has FIFA ever said "citizenship" is the same as "nationality"?  You haven't read the Statutes, which don't concern themselves with "citizenship".  

If "citizenship" is the test, then why can't Qatar or Montserrat (or ROI for that matter) just make the best 11 uncapped Brazilians citizens tomorrow and make them eligible?  The answer is, obviously they wouldn't be - because citizenship is not the test.

You're just confusing the issue by literally making it up as you go along - without reading, let alone understanding, any of the applicable laws and regulations.  

Unfortunately, it's misleading for the majority of people who (in common with you) won't have looked into the laws on this.  

Your posts should carry a "bluffer" health warning!

 


Edited by Luis Amor Rodriguez - 11 Sep 2019 at 7:42pm
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Luis Amor Rodriguez Quote  Post ReplyReply Direct Link To This Post Posted: 11 Sep 2019 at 7:54pm
Of course, if O'Shea's made-up idea that "citizenship" is the same as "nationality" was correct, then Ryan Johannson would not be eligible for Ireland (or Dan Crowley - or Callum Robinson even!).  

Because it is beyond doubt he only became an Irish citizen in the last year or so (when he registered with the Dept of Foreign Affairs).  This occurred AFTER he played underage for Lux.  The rules forbid changes to nationalities "acquired" after being capped by the initial country (here Lux) - see article 8 of the Regulations on the Application of the Statute, which O'Shea can read here: https://resources.fifa.com/image/upload/the-fifa-statutes-2018.pdf?cloudid=whhncbdzio03cuhmwfxa

The question here simply is - did Johansson acquire Irish "nationality" when he became and Irish citizen, or did he always have it?

If as O'Shea says it's when he became a citizen, he is ineligible.  

Luckily, that interpretation is merely an invention of O'Shea's mind, and the question is one of "nationality".  It seems likely Johanson always had Irish nationality as far as FIFA is concerned, given his Mum and grandparents etc. 


Edited by Luis Amor Rodriguez - 11 Sep 2019 at 8:19pm
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Post Options Post Options   Thanks (0) Thanks(0)   Quote The O'Shea Quote  Post ReplyReply Direct Link To This Post Posted: 11 Sep 2019 at 8:34pm
Originally posted by Luis Amor Rodriguez Luis Amor Rodriguez wrote:

Of course, if O'Shea's made-up idea that "citizenship" is the same as "nationality" was correct, then Ryan Johannson would not be eligible for Ireland (or Dan Crowley - or Callum Robinson even!).  

Because it is beyond doubt he only became an Irish citizen in the last year or so (when he registered with the Dept of Foreign Affairs).  This occurred AFTER he played underage for Lux.  The rules forbid changes to nationalities "acquired" after being capped by the initial country (here Lux) - see article 8 of the Regulations on the Application of the Statute, which O'Shea can read here: https://resources.fifa.com/image/upload/the-fifa-statutes-2018.pdf?cloudid=whhncbdzio03cuhmwfxa

The question here simply is - did Johansson acquire Irish "nationality" when he became and Irish citizen, or did he always have it?

If as O'Shea says it's when he became a citizen, he is ineligible.  

Luckily, that interpretation is merely an invention of O'Shea's mind, and the question is one of "nationality".  It seems likely Johanson always had Irish nationality, given his Mum and grandparents etc. 

What are you even on about? Crowley, Johansson, etc are POTENTIALLY ELIGIBLE for Ireland precisely because they are entitled to Irish citizenship, however the fact they didn't yet have Irish citizenship when they played competitively for another nation means they are at risk of falling foul to this additional FIFA statute. They will only be fully cleared to play for Ireland when all of the parameters are satisfied. If your construction of "nationality from descent"  was the true parameter, then there would be no need for the likes of Crowley, Johansson, Robinson, Pearce, O'Dowda, Clark, Hogan etc having to go through the process of ACQUIRING IRISH NATIONALITY in order to play for us; but that is exactly what every single one of them has had to do. They have had to ACQUIRE Irish nationality before they are cleared to play for us, because despite the fact they were always ENTITLED to it, they didn't yet have it.

In essence, this is a glaringly obvious distinction between being entitled to something, and actually having it. Children understand this difference, so let me put it in childrens terms; being entitled to a glass of water doesn't quench your thirst, you need someone to actually give it to you. Johansson was the guy still waiting on his Irish glass of water when he drank from Luxembourgs well in this metaphor, and therein lies the potential issue.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Luis Amor Rodriguez Quote  Post ReplyReply Direct Link To This Post Posted: 11 Sep 2019 at 8:46pm
No, you're off again.  The passport and citizenship thing is often an easy shorthand (in most cases) that the nationality requirements will be fulfilled (e.g: for many people it will be indicative of an Irish-born grandparent); and it can be readily be understood why that type of evidence would be included in any switch of FIFA nationality application.  

There are of course huge overlaps between nationality and citizenship, but they're not the same thing.

If they were the same thing, then surely you'd agree that since Johannson (or Callum Robinson for that matter) is only recently an Irish citizen (critically AFTER he was capped for someone else - see article 8), he is not eligible?

Surely you would also agree that Qatar could just give a passport, or rather citizenship, to an uncapped foreigner and the next day that player would be eligible to play for Qatar?  

The latter premise is obviously wrong. 

The former is, thankfully, largely irrelevant, because citizenship is not nationality (although in most cases will be indicative).  They are similar, they overlap, yes, but they are subtly different.  

What is the source of your contention that for FIFA, uniquely in the world, citizenship and nationality are the same thing? 

You have literally made this up!


Edited by Luis Amor Rodriguez - 11 Sep 2019 at 8:53pm
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Luis Amor Rodriguez Quote  Post ReplyReply Direct Link To This Post Posted: 11 Sep 2019 at 8:55pm
And for completeness, Ciaran Clark was an Irish citizen from birth.  His parents were born in Ireland. 

Edited by Luis Amor Rodriguez - 11 Sep 2019 at 9:09pm
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Post Options Post Options   Thanks (0) Thanks(0)   Quote The O'Shea Quote  Post ReplyReply Direct Link To This Post Posted: 11 Sep 2019 at 9:13pm
Originally posted by Luis Amor Rodriguez Luis Amor Rodriguez wrote:

No, you're off again.  The passport and citizenship thing is often an easy shorthand (in most cases) that the nationality requirements will be fulfilled (e.g: for many people it will be indicative of an Irish-born grandparent); and it can be readily be understood why that type of evidence would be included in any switch of FIFA nationality application.  

There are of course huge overlaps between nationality and citizenship, but they're not the same thing.

If they were the same thing, then surely you'd agree that since Johannson (or Callum Robinson for that matter) is only recently an Irish citizen (critically AFTER he was capped for someone else - see article 8), he is not eligible?

Surely you would also agree that Qatar could just give a passport, or rather citizenship, to an uncapped foreigner and the next day that player would be eligible to play for Qatar?  

The latter premise is obviously wrong. 

The former is, thankfully, largely irrelevant, because citizenship is not nationality (although in most cases will be indicative).  They are similar, they overlap, yes, but they are subtly different.  

What is the source of your contention that for FIFA, uniquely in the world, citizenship and nationality are the same thing?

You're arguing with me on something which we have already established that we disagree on. You apply (ridiculously and against all the evidence I might add) a purely literal approach to FIFA statutes; my position has always been that FIFA often apply a purposive approach to their statutes instead. Thus, even though the likes of Robinson probably would be ineligible through a purely literal interpretation of thestatutes, FIFA recognise this would be an absurd outcome and thus apply a purposive approach instead (this is the exact reason the purposive approach was invented, look it up).

On an aside, to return to your point which I don't think I properly addressed about "whats to stop us just giving citizenship to 11 Brazilians etc"; the answer is that absolutely nothing is stopping us other than the naturalisation process and ensuring that they haven't played competitively for Brazil prior to becoming Irish citizens. Again, this is a position well supported by the contemporary evidence. The Bulgarian squad we faced last night contained 2 Brazilians (Wanderson and Marcelinho), the current Russia squad has 3 (Guilherme, Fernandes, and Ari), Armenia have 1 (Pizelli), Slovakia had 1 (Dionatan Teixeira), and Spain, Portugal, and Italy have all naturalised numerous South Americans. Even closer to home, think of the amount of guys who have played for England at various age levels despite not being born there and having no ancestral link to the place (Sterling, Zaha, Berahino, Shola Ameobi, Bigirimana, Ronaldo Vieira, our very own Dennis Cirkin...). None of these guys qualify for England for any other reason than the British citizenship they have attained via residency in England. So again on this point, your argument falls flat on its face.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Luis Amor Rodriguez Quote  Post ReplyReply Direct Link To This Post Posted: 11 Sep 2019 at 9:41pm
Yes, I agree that a purposive approach is generally applied, as we've discussed elsewhere.  However that is difficult to apply if it is totally contradictory to the words of the law being interpreted. 

Sterling, Zaha, Cirkin etc have lived in England since they were young kids and are naturalised as nationals (i.e.: they all have British nationality), not just citizens as a result.  That is why they are eligible for a UK team (because of the Home Nations agreement, here to be eligible for England).  

As regards the other players, they have clearly been naturalised as "nationals" - acquired the "nationality" of that country.  In all of those cases, that will presumably also include them being citizens of the country, be entitled to vote etc.

But not everyone who is a national of a country, will be a citizen of that country (although that will usually be the case).  A person born in American Samoa has American nationality, but is not a U.S. citizen. 

It may be that Johanson has always had Irish nationality, but (up until recently) obviously was not an Irish citizen. 

Once again, what is the source of your contention that for FIFA, uniquely in the world, citizenship and nationality are the same thing? 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote The O'Shea Quote  Post ReplyReply Direct Link To This Post Posted: 11 Sep 2019 at 9:55pm
Originally posted by Luis Amor Rodriguez Luis Amor Rodriguez wrote:

Yes, I agree that a purposive approach is generally applied, as we've discussed elsewhere.  However that is difficult to apply if it is totally contradictory to the words of the law being interpreted. 

Sterling, Zaha, Cirkin etc have lived in England since they were young kids and are naturalised as nationals (i.e.: they all have British nationality), not just citizens as a result.  That is why they are eligible for a UK team (because of the Home Nations agreement, here to be eligible for England).  

As regards the other players, they have clearly been naturalised as "nationals" - acquired the "nationality" of that country.  In all of those cases, that will presumably also include them being citizens of the country, be entitled to vote etc.

But not everyone who is a national of a country, will be a citizen of that country (although that will usually be the case).  A person born in American Samoa has American nationality, but is not a U.S. citizen. 

It may be that Johanson has always had Irish nationality, but (up until recently) obviously was not an Irish citizen. 

Once again, what is the source of your contention that for FIFA, uniquely in the world, citizenship and nationality are the same thing? 

Jesus man, if you're a "citizen" of a country then you are also a "national" of that country. Are you suggesting there was once a time when Sterling, Zaha etc had been in Britain long enough to be "citizens" but not "nationals"? Because that is an absolutely bizarre assumption; how would it work, what is the timeframe?

Johansson was never an Irish national until he applied to become an Irish citizen, just like every other grandchild of an Irish emigrant. The Irish state does not recognise the grandchildren of emigrants as Irish nationals, citizens, or anything else until these grandchildren go through the lengthy and expensive process of submitting their name to the foreign births register. It is only once this occurs that a formal link between the Irish state and this individual is established. Similarly, FIFA will not permit a player to line out for a country until this formal link (nationality, citizenship, or whatever else you want to call it) has been created.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Luis Amor Rodriguez Quote  Post ReplyReply Direct Link To This Post Posted: 11 Sep 2019 at 10:38pm
If Johansson did not have Irish "nationality" as far as FIFA are concerned until his citizenship came through, and you are correct in that (which could be true in any event as a coincidence regardless of your "citizenship = nationality" assertion), then he could be in serious trouble on the eligibility front as the words of the statute are clear in stating he would not be eligible.  And Crowley (or, crazily, the multi-capped Robinson or Brazilian Russian Fernandes etc) wouldn't be eligible.

However, every legal system and language in general recognises a distinction between those concepts - although one may be indicative of or overlap with the other (a person will generally have to be naturalised as a national before they can be a citizen) - and you haven't been able to point to any evidence why FIFA uniquely would treat them as absolute equivalents.  

However, if that is the case, we could be in big trouble in terms of capping future grandparent rule players, from Johansson to Crowley, given the ubiquity of underage caps in football nowadays.  It would also adversely impact the many African countries with French colonial history.       
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Post Options Post Options   Thanks (0) Thanks(0)   Quote IrishKeano Quote  Post ReplyReply Direct Link To This Post Posted: 11 Sep 2019 at 10:43pm
Originally posted by The O'Shea The O'Shea wrote:

Originally posted by Luis Amor Rodriguez Luis Amor Rodriguez wrote:

Yes, I agree that a purposive approach is generally applied, as we've discussed elsewhere.  However that is difficult to apply if it is totally contradictory to the words of the law being interpreted. 

Sterling, Zaha, Cirkin etc have lived in England since they were young kids and are naturalised as nationals (i.e.: they all have British nationality), not just citizens as a result.  That is why they are eligible for a UK team (because of the Home Nations agreement, here to be eligible for England).  

As regards the other players, they have clearly been naturalised as "nationals" - acquired the "nationality" of that country.  In all of those cases, that will presumably also include them being citizens of the country, be entitled to vote etc.

But not everyone who is a national of a country, will be a citizen of that country (although that will usually be the case).  A person born in American Samoa has American nationality, but is not a U.S. citizen. 

It may be that Johanson has always had Irish nationality, but (up until recently) obviously was not an Irish citizen. 

Once again, what is the source of your contention that for FIFA, uniquely in the world, citizenship and nationality are the same thing? 

Jesus man, if you're a "citizen" of a country then you are also a "national" of that country. Are you suggesting there was once a time when Sterling, Zaha etc had been in Britain long enough to be "citizens" but not "nationals"? Because that is an absolutely bizarre assumption; how would it work, what is the timeframe?

Johansson was never an Irish national until he applied to become an Irish citizen, just like every other grandchild of an Irish emigrant. The Irish state does not recognise the grandchildren of emigrants as Irish nationals, citizens, or anything else until these grandchildren go through the lengthy and expensive process of submitting their name to the foreign births register. It is only once this occurs that a formal link between the Irish state and this individual is established. Similarly, FIFA will not permit a player to line out for a country until this formal link (nationality, citizenship, or whatever else you want to call it) has been created.


For what it's worth both Carlo Cudicini and Mikel Arteta tried to switch to England years ago and were prevented from doing so because of this rule......Both had played underage football (which I don't even think was competitive) for Italy and Spain and didn't hold a British passport at the time obviously, I know it's not the same set of circumstances but just thought I'd say that FIFA have actually set a precedent there.......So hopefully we can argue the always a national angle here.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote AbuAbu Quote  Post ReplyReply Direct Link To This Post Posted: 12 Sep 2019 at 11:45am
lots of big words up thereHug
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Luis Amor Rodriguez Quote  Post ReplyReply Direct Link To This Post Posted: 12 Sep 2019 at 2:38pm
IrishKeano - good spot re Cudicini and Arteta.

That's why it's important for us that FIFA recognises the differences between the concepts of nationality and citizenship; which in general terms, I am sure it will.

It is unsurprising O'Shea could be confused as in 99.9% of situations, nationality and citizenship will mean the same thing; and the distinction is rarely raised.  However the difference is there, and you can be sure the drafters of the FIFA statutes were aware of it when they used the word "nationality" instead of "citizenship".  

Despite lots of angry posturing, O'Shea wasn't able to show one shred of evidence that the FIFA player status committee, uniquely in the legal systems in the world, says they are the same thing. 

I find it difficult to see how FIFA could get around the words of the Statute if O'Shea is correct and citizenship always means nationality - so this point (that Johansson always had Irish nationality, even if he was not a citizen) could be important for us.

I'm not sure if under Irish law Johansson could always have been considered an Irish national (I just haven't carefully looked in to it); but the hope would be under FIFA's definition of nationality (informed by things like the grandparent rule, and bearing in mind the intention of the statute in preventing unconnected/genuine foreigners playing for other countries etc), Johansson (and Crowley) would be regarded as an Irish national .

That is, the argument would be his citizenship (the right to vote etc) is contingent on a mere administrative expediency of filling in a form, but that substantive entitlement or character of "nationality" comes as a birthright.  That makes sense to me.

I think that might be the best argument and fits well with the Statutes and long established differences between legal concepts of citizenship and nationality.

If it isn't, well Johansson wasn't an Irish citizen and we would have an Arteta/Cudicini situation; and that wouldn't be fair for many reasons. 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote The O'Shea Quote  Post ReplyReply Direct Link To This Post Posted: 12 Sep 2019 at 3:32pm
Originally posted by Luis Amor Rodriguez Luis Amor Rodriguez wrote:

IrishKeano - good spot re Cudicini and Arteta.

That's why it's important for us that FIFA recognises the differences between the concepts of nationality and citizenship; which in general terms, I am sure it will.

It is unsurprising O'Shea could be confused as in 99.9% of situations, nationality and citizenship will mean the same thing; and the distinction is rarely raised.  However the difference is there, and you can be sure the drafters of the FIFA statutes were aware of it when they used the word "nationality" instead of "citizenship".  

Despite lots of angry posturing, O'Shea wasn't able to show one shred of evidence that the FIFA player status committee, uniquely in the legal systems in the world, says they are the same thing. 

I find it difficult to see how FIFA could get around the words of the Statute if O'Shea is correct and citizenship always means nationality - so this point (that Johansson always had Irish nationality, even if he was not a citizen) could be important for us.

I'm not sure if under Irish law Johansson could always have been considered an Irish national (I just haven't carefully looked in to it); but the hope would be under FIFA's definition of nationality (informed by things like the grandparent rule, and bearing in mind the intention of the statute in preventing unconnected/genuine foreigners playing for other countries etc), Johansson (and Crowley) would be regarded as an Irish national .

That is, the argument would be his citizenship (the right to vote etc) is contingent on a mere administrative expediency of filling in a form, but that substantive entitlement or character of "nationality" comes as a birthright.  That makes sense to me.

I think that might be the best argument and fits well with the Statutes and long established differences between legal concepts of citizenship and nationality.

If it isn't, well Johansson wasn't an Irish citizen and we would have an Arteta/Cudicini situation; and that wouldn't be fair for many reasons. 

Seriously, what the f*ck are you on about, you're literally coming up with arguments completely separate to mine and representing them as what I've said? Arteta and Cudicini fit perfectly into what I've argued; that FIFA only apply a purposive interpretation of the statute if the literal interpretation would be absurd. In the cases of Cudicini and Arteta, a literal interpretation did not lead to an absurd conclusion, so they were ineligible. In any case, even if FIFA had ruled them eligible they couldn't have played for England due to the self-imposed British rule that naturalised players must have 5 years of British schooling to play for the national team...

Essentially what you are continually displaying is that not only do you not know what you're talking about, you also don't know what I'm talking about... You blindly insist that I am claiming citizenship is the ONLY criteria for eligibility, I have never said that. Citizenship is a NECESSARY criteria for eligibility, but it is not the ONLY criteria. I have repeatedly stated this, but you continually ignore it because you either aren't reading what I'm saying, or you're too dense to interpret it.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Paul Andrew White Quote  Post ReplyReply Direct Link To This Post Posted: 12 Sep 2019 at 3:35pm
Dont envisage any bureaucracy on Crowley nor Johansson. We've got the upper hand, mates. 🍻
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Post Options Post Options   Thanks (0) Thanks(0)   Quote 10 Box Quote  Post ReplyReply Direct Link To This Post Posted: 12 Sep 2019 at 3:38pm
Originally posted by Paul Andrew White Paul Andrew White wrote:

Dont envisage any bureaucracy on Crowley nor Johansson. We've got the upper hand, mates. 🍻

I feel better already Wink
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