Originally Posted by
geysir
This is FIFA legal stuff, not UK law or US law or Napoleonic Law. As I wrote, the Bruce decision is binding until FIFA rule otherwise and there is not much chance of that happening. To quote from the CAS ruling on Kearns "The regulations put in place by FIFA are binding and must be observed at all times by every member association."
I think we can say that second generation Irish like Ciaran Clark, are born Irish citizens, therefore qualify for the FAI under article 15.
I think we can say that Alex Bruce was not an Irish citizen when he was born, as he was a 3rd generation, born to english born parents (Steve Bruce and wife), then I presume his status was that he had to acquire Irish citizenry, which he was entitled to do under the Irish citizenship laws.
I´d say it is most likely that a 3rd generation footballer has to acquire Irish nationality in order to be eligible to play for the FAI and is eligible under article 17. I'd say it is most likely that he does not qualify under article 15, even though his acquired Irish nationality is permanent and without residence requirements.
Though I don´t rule it out completely, I just cant see it.
That leaves the question of place of birth of Bruce's grandparents - Northern Ireland. Why are FIFA not concerned that Bruce's grandparents are not born inside the 26 counties? I conclude that FIFA legal dept. are satisfied that the grandparents are born in a territory from which automatic Irish nationality is granted.
Howards wells is on record saying he did ask in writing to the FIFA legal department clarification about the eligibility of Bruce, referring exactly to Bruces´ grandparent link to Northern Ireland.
You appear to be trying to paint a picture of FIFA ineptitude in its legal department. Whilst corruption is present in FIFA and obvious commercial interests guide decisions, that does not mean the whole lot is corrupt. Far from it. FIFA has a reputation to maintain, especially in these legal matters. It cannot be seen to be inept/biased/corrupt in the eligibility issue. There is way too much face to lose by exercising cronyism or favouritism here.
So far I have not come across one FIFA eligibility case, in all the cases that FIFA deal with, as being bogus.
The Qatar case in 2003 was not bogus. As per FIFA rules, Qatar could get their Brazilians, Qatar were seen as attempting to abuse the rules albeit legally. FIFA acted with haste and changed the rules so they could not get the Brazilians.
The couple of Japanese born who play for North Korea, qualify under the parentage or grand parent connection to play for North Korea.
It is well known that Kosovars have been eligible to play for Albania. Kosova has gained independence in 2004 and is looking for its players to come back.
The FIFA legal department is on the ball and and do their work appropriately scrutinising the eligibility applications that come their way.