The Federal Chamber of San Martín decided to rule in favor of the Argentine Football Association (AFA), leaving without effect the article that allowed private capital to enter the clubs. This means that Sports Joint Stock Companies are prohibited (SAD), at least momentarily, until the final sentence is handed down.
This determination of Chamber I is crucial for Claudio Chiqui Tapia and the presentation of his precautionary measure, since it means a judicial triumph over the government of Javier Milei. Thus, some articles belonging to the Decree of Necessity and Urgency 70/2023in addition to the articles of the Regulatory Decree 730/2024.
This desire to implement SAD is one of the main disputes that Milei has faced since his inaugurationbut so far it has not obtained favorable results. He expressed it every time he could, even after Botafogo wins the Copa Libertadores last Saturday.
The resolution of justice
The resolution was signed by the Chamber judges Marcelo Darío Fernández, Marcos Moran, and Juan Pablo Salasin addition to the secretary Matías José Sac, within the framework of the cause No. 22121.
The failure is a response after the National Government has previously been favoredwith a measure that supported the appeal of the National State given the measure that was granted to the AFA of precautionary suspension of the effects of the decree. It imposed substantial changes in the legal structure of the clubs, making it mandatory for public limited companies.
The chamber judges argued their decision, maintaining that “There is a state of necessity.” This means that in said state, sports entities run the risk of a repair impossible due to proposed changes by DNU 70/2023, something that can directly affect its existence.
The AFA request
For its part, the AFA stipulated that these articles of the decree directly attack the “right of free association”by forcing the clubs accept the affiliation of private capital and the subsequent transformation into SAD. This goes against the statutes and the historical structure.
Furthermore, he maintained that the measures implemented in the DNU They are not necessary or urgent, and they do not respond to an emergency, so the immediacy of their application is not required.. These arguments were supported by the court.
Likewise, in its file, the AFA maintained that said modifications are aimed solely at the benefit of a sector that is a minority and that it is not something that represents the interest or general need of citizens and club members.
Other key points are that The decree modifies issues that directly alter the rights of sports associations in the free decision of their operation and their composition. This, based on the key postulates of non-profit civil associations.
Source: Ambito
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