After a week of tension between the Argentine Football Association (AFA) and the Government, Finally, the sports entity will hold the Ordinary General Assembly, which will take place this Thursday October 17from 4 p.m., on the Ezeiza property. During it, the format of the Argentine first division soccer tournament will be modified, The re-election of Claudio Chiqui Tapia will be voted on and the registered office of the Association.
First of all, the Argentine soccer first division tournament will once again undergo modifications. Once again, the highest category of this sport will have the participation of 30 teamsalthough the exact format of the championship is still not known. This news confirms that there will be no relegations during the current season.
On the other hand, and with the help of Tapia, those present will seek to modify the registered office of the AFA. Currently, it is located at 1366 Viamonte Street, CABA, and is will seek to move it to the Ezeiza property, located in Buenos Aires territory.
This is a no small detail, taking into account what happened in recent days between the AFA and the IGJ. The entity chaired by Vitolo has jurisdiction only for the Autonomous City of Buenos Aires and the AFA seeks to move its domicile to allied territoryin the province of Buenos Airesunder the orbit of the governor Axel Kicillof.
Finally, Tapia’s re-election as president of the AFA will be confirmed. In this way, the Chiqui will begin its third consecutive cycle at the head of the governing body of football in our country.
The ruling of the Justice that enabled the AFA assembly
In four pages, Judge Christian Pettis – of Civil Court 66 – observed that the resolution to suspend the IGJ was not to the assembly itself, but to “certain points” of the planned agenda. Then, he analyzed the request of the AFA that denounced as “new fact” what was attempted by the body that depends on the Ministry of Justice and that required clarity about its finality, given that there are fifteen days to appeal to the jurisdiction civil and that its effects they would be suspensivein any case.
For the magistrate, who referred to what was said on October 9, the declaratory action cannot be admitted because “no resolution becomes final until it is found the period provided for in the regulations to appeal has expired“. In this sense, Pettis stated that there is no doubt about this procedure and therefore, Justice is prevented from acting, which ratifies the AFA’s claim for the refusal: The IGJ is not firm.
The Government of Javier Milei, which seeks to promote the entry of Sports Joint Stock Companies in Argentina, entered into a war over the interpretation of the ruling. Through the Minister of Justice, Mariano Cúneo Libarona, the Executive accused the coup but resignified it with respect to a certain fact: “justice once again denied Tapia’s request to legitimize the advancement of the elections in AFA,” he maintained. It is true, the proposal was rejected by the judge, but that also clear the way for the assembly because The appeal stage remains to what was resolved by the IGJ.
The magistrate even went further and recalled what are the procedures by which the provisions of the IGJ can be appealed to the Civil Appeals Chamber, a court that must determine the effects with which it grants the appeal. Pettis also clarified that the IGJ must “limit“to refer the proceedings to justice.
“Assuming otherwise would mean allowing the aforementioned administrative body becomes judge and party in the same matter“, he fired on the actions of the entity led by Vitolo. Last Wednesday, various figures in Javier Milei’s cabinet had warned of the possibility that the AFA would be intervened if it ignored the limitation that the IGJ had established.
If this war advances and the governing body of football in the country intervenes, the Government would have a new front: the possible sanctions that could be applied by international organizations of this sport, such as CONMEBOL or FIFA.
“The issuance of the IGJ resolution now invoked does not modify the situation that led me to decide in the sense that I already did in the record, nor does it enable my action with the intended scope, without it being noted in this state either.to the existence of danger of damage or aggravation that justifies in the terms of article 1710 of the Civil and Commercial Code the issuance of the self-satisfactory measure that had been requested,” Pettis concluded.
The IGJ ruling
The Justice entity had suspended the Ordinary General Assembly that was scheduled for this Thursday, October 17 by the AFA. Despite the AFA’s appeal, yesterday the head of the IGJ warned that the Government was analyzing intervening in the association in case of ignoring the resolution.
“They are violating the law and the statute and also assume a risk: the members of the Board of Directors and the Assembly Members may incur the crime of disobedience, prescribed in the article 239 of the Penal Code. And the law provides that in the event of serious non-compliance, the Ministry of Justice can intervene,” the official said on Rivadavia radio.
“We cannot prevent them from gathering at their headquarters, but that will not be an assembly, It will be a meeting of friendsbecause this is not going to be approved and what is resolved there is not going to be registered with the IGJ, it is not going to be validated,” Vitolo explained.
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The entire episode had begun from a complaint by the Talleres de Córdoba club whose President, Andrés Fassi, was sanctioned by the AFA for two years. “Talleres de Córdoba filed a complaint at the time with the IGJ, saying that the AFA had irregularly called an assembly to elect and renew its board of directors and executive committeewhen he still had one more year left in his term, and that this affected them, in the sense, and the rest of the clubs, because many things can happen during a year.
Source: Ambito
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