The AFA warned through a statement that the institution could face a sanction by FIFA that covers “up to a disaffiliation”, to move forward with the forced inclusion of Sports Limited Companies (SAD). As Ambito anticipated a week agothe president of the local football parent company, Claudio “Chiqui” Tapia chose to resort to the statutes of the entity led by Gianni Infantino – who has already disaffiliated the federations intervened by politics in the past – to stop the libertarian advance.
From Viamonte they detailed that at the beginning of August, the Legal Management in charge of the Andres Paton Urich raised a Legal consultation to FIFA and CONMEBOL to find out if the Decree 730/24 – which regulates the participation of SADs – is in violation of their statutes regarding the independence of federations. Following this, the international governing body of football stated that “the AFA, and only the AFAis, in view of the legal framework of FIFA, the only competent entity to decide on aspects relating to the legal nature of the clubs affiliated to it.”
The war between “chiqui” Tapia and Javier Milei
The dispute between the President Milei and the top leader of AFA, Claudio Tapiafor local football continues unabated. In the last few hours, the Argentine Football Association issued a statement warning of possible sanctions from the AFA in the face of government intervention in sport, including a possible “disaffiliation“.
Although the battle for SADs had been taking place in the public debate, the situation deepened with the Government Decree 730/24which regulated what was stated in the DNU issued by the libertarian leadership at the end of December 2023. In it, the administration of La Libertad Avanza urged that the “Sports associations, federations and confederations have ONE (1) year to modify their statutes for the purposes of its adaptation, according to the terms provided in article 345 of Decree of Necessity and Urgency No. 70 of December 20, 2023.”
This caused a stir at the headquarters located at Viamonte 1366, which from the beginning expressed its rejection of the Government’s measure. Now, the association led by Tapia warned that if the Government pressures the AFA to modify its statute, FIFA could severely sanction the national football governing body. The consequences could include even disaffiliation from the entity, which would deny the selected player participation in international competitions.
According to the AFA, at the end of August the Legal Department in charge of Andrés Paton Urich submitted a legal consultation to FIFA and CONMEBOL at the beginning of August to determine whether the Government’s regulations did not violate the statutes of international entities referring to the independence that federations must have to manage their internal affairs.
Thus, the Argentine association stated that FIFA, through its Legal and Compliance Director, Emilio García Silvero, responded to the query as follows: “In light of what is considered in the fourth and fifth sections, we understand that the member federations of FIFA – and in this case the AFA – They must enjoy sufficient autonomy to freely and democratically determine the legal nature of the clubs. to participate in their national competitions. The AFA, and only the AFAis, in view of the legal framework of FIFA, the only entity competent to decide, through its legitimate governing bodies, the aspects relating to the legal nature of the clubs affiliated to it.”
“It corresponds to the AFAwithout any state intervention, decide democratically If their affiliated clubs must retain the legal status of civil associations in a mandatory manner -as is the current case, cf. article 10 (2) Statutes of the AFA-, transform into Sports Public Limited Companies or opt for a different model. Any other decision in this regard that does not come from the governing bodies of the AFA in use of their autonomy would be subject to the in conflict with Article 19 (1) of the FIFA Statutesalso assuming a breach of the provisions of article 14 (1) (i) of the same statutory text,” concluded the response of the international organization.
From the offices of the AFA in Viamonte, the president of the club is in talks with football leaders to protect the format of civil societies. In addition to the AFA statute that requires the adoption of this corporate model, Tapia has a card up his sleeve: he knows that FIFA has even disaffiliated federations that have been intervened by politics.Can you imagine a World Cup without Argentina?“, he asks those who visit him.
In this way, the Argentine association assured: “In order to avoid any type of consequence or sanction by FIFA (which includes up to disaffiliation) We will continue to defend the rights of the Argentine Football Association“.
The court ruling in favor of the AFA
In recent weeks, the AFA obtained a favorable ruling in court in the midst of the battle over the Sports Corporations model with which the government of Javier Milei intends to advance, and achieve that clubs can incorporate private shareholders. The Argentine sports institution presented a precautionary measure before the regulation of DNU 70/2023.
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Following government regulation, the Federal Court of Mercedes decided to make way for it requested by the AFAand ordered the National State to Suspension of the effects of articles 335 and 345 of Decree 70/2023as well as the Regulation of SADs. The measure is in force until the final judgment is issued, according to the Doble Amarilla portal.
The Casa Rosada questions the AFA’s approach, which maintains that although the institution does not have the power to prevent a club from can choose to become SADthe National Constitution protects her from becoming a member and from participating in the tournaments that it organizes. Faced with Tapia’s resistance, the Head of State not only insisted with the defense of corporations but also He did not rule out moving forward with the intervention of the parent entity of Argentine football.
Source: Ambito
I am an author and journalist who has worked in the entertainment industry for over a decade. I currently work as a news editor at a major news website, and my focus is on covering the latest trends in entertainment. I also write occasional pieces for other outlets, and have authored two books about the entertainment industry.
