Sepp Blatter's proposals to force clubs to field a minimum of six domestic nationals in their teams received short shrift last night from the European Commission, who ridiculed the plan as “unacceptable” and “a non-starter”. While the Fifa president's resolution was endorsed by an overwhelming majority at the governing body's congress in Sydney yesterday, its implementation appears extremely unlikely.

Blatter's “six plus five” rule, which he hopes to have in place by 2012, would, for instance, oblige Barclays Premier League clubs to field at least six players who are eligible to represent England. Fifa intends to find

“harmony and balance between national team football and club football”, arguing that a “loss of national identity is endangering the former and has led to increasing inequality among the latter”. The dominance of English clubs in the Champions League at the same time as England's failure to qualify for the European Championship is seen as a vivid example of Blatter's concern. The Fifa scheme has been backed, in principle, by the FA and Uefa, although they recognise the logistical problems ahead.

“Bringing through more high-quality English players in the future is an absolute priority for the FA,” a spokesman said. “However, this is a question of balance and we believe first and foremost in a meritocracy system, where players appear in club teams based on performance and ability. This is at the core of our coach and player development strategy over the coming years.”

Blatter stated that Fifa does “not want to go against the existing laws”, preferring “consultation, not confrontation”, but, at present, there is little room for negotiation.

“The European Commission is showing a red card to the six plus five rule,” Vladimir Spidla, the Commissioner for Employment and Social Affairs, said. “This would be direct discrimination on the basis of nationality, which is unacceptable. It's a non-starter.

“Professional football players are workers, therefore the principle of non-discrimination and the right to free movement apply to them. If EU member states allowed the application of the six plus five rule, they would be in breach of EU law and players who are discriminated against could take the member states to court. And they would win.”

Legal experts agree. “To make a rule on the basis of nationality is simply unjustifiable, no matter how noble the intention,” Amanda Jones, a specialist in employment, sport and discrimination law at Maclay Murray & Spens and a non-executive director of Hibernian, the Scottish club, said. “As things stand, there is no case for it.”

Michel Platini, the Uefa president, acknowledged the problems of this “thorny issue”; under a separate Uefa proposal, eight of a club's 25-man squad will have to be “locally trained”, a theory that the EC endorses.

“Uefa's system of ‘home-grown players' would not lead to direct discrimination based on nationality,” Reijo Kemppinen, the EC's Head of Representation in the UK, said. “The objectives of the rule proposed by Uefa, such as the promotion of training young players and reinforcing the balance of competitions, appear to be completely legitimate objectives in the general interest of all.”

The debate sparked by Blatter has been welcomed, however. “I would hope a sensible compromise can be reached, particularly if it's based on positive action, which is lawful, rather than positive discrimination, which is not,” Jones said. “Positive action would mean encouraging the game at the grassroots level, so you're more likely to have players coming through. It's good that it's raised the discussion.”