There The Argentine Sports Confederation (CAD) presented this Monday a call for collective protection against DNU No. 70/2023 signed by Javier Milei and Judge Enrique Lavié Pico made it possible to treat the trial fairly.

Led by its president, Rodolfo Paverini, the CAD requested an urgent precautionary measure to stop the effects of the DNU which, among other things, modifies the sports law to allow the entry of sports joint stock companies (SAD). In its argument, the Confederation stressed that the government inappropriately used an extraordinary resource, by introducing the SAD without justification in the sporting field.

“That alleged emergency situation to which the executive power refers, is in no way applicable or justified with regard to sport, and more precisely with regard to the institutional system of sport and physical activity. Without hesitation, we can affirm that the executive branch used this extraordinary and exceptional remedy as “a shortcut to introduce sports societies”explains the presentation.

The entity argued that the legislative reform not only affects the structure of national sports but also direct implications on the participation of football teams in international tournaments, notably the Paris Olympic Games and the Copa América in the United States which will take place this year.

The fact is that, according to the CAD, the government's actions violates autonomy recognized by law for civil sports associations and could result in sanctions from international organizations such as the FIFA and Conmébol.

Furthermore, he affirmed that the emergency proclaimed by the executive power has no basis in the sporting field and criticized: “This reform is accompanied by a degradation of national sportgiven that its implementing authority has lost the ministerial rank and that, by decree of the new ministerial organization, it occupies the rank of Secretariat.

Concerning football specifically, the Confederation stressed that most clubs have modified their statutes to prohibit transformation into a limited companywhile the Argentine Football Federation (AFA) followed a similar line.

So things, This call marks the first significant movement of sports institutions towards the judicial sphere and sowed uncertainty about the future of Argentine sport and its participation in international events.

The CAD's explanation of possible sanctions from FIFA and Conmebol

“This conduct and this procedure of the Executive Power violate article 20 of law 20.655, which recognizes the autonomy of civil sports associations members of the institutional system of sport and physical activity in the free exercise of their functions. It is possible that this should Note that this text in the sports regulations is requested by supranational organizations (international sports associations, federations and confederations), including the International Olympic Committee, the International Paralympic Committee and especially by the International Football Federation (FIFA), whose statutes provide for severe sanctions in the event of government interference in matters related to the institutional life of the entities that compose it.

In this case, it is inevitable that the actions of the executive power threaten the institutionality of civil sports associations as a whole and, therefore, it is very likely that once informed of the scope of DNU 70/2023 in the terms of the authorization granted in article 2 of the resolution of the Board of Directors of the Argentine Sports Confederation, held on December 27, 2023, Conmebol could marginalize Argentine football clubs from its powers and if the aforementioned decree remains in force over time, it would jeopardize the participation of the Argentine football team in the Copa América which will be played in the United States. Likewise, and in the same sense, the International Olympic and Paralympic Committee would suspend the participation of athletes who represent our country in the next Olympic Games (Paris 2024).

Beyond the decision of the Argentine Football Federation of its resolution by extraordinary assembly to prevent the reception and/or transformation of one of its associates into SAD, one of them could, in relation to this article incorporated in law 20.655, appeal to Justice for it to be received, causing a collision between what was freely resolved by his associates and the imposition of executive powerthat is to say SS, that if this were to happen and the judicial system resolved itself in accordance with what this new section of the law states, The AFA is expected to inform FIFA of this situation, which would put the participation of Argentine football teams in a state of suspension. in competitions organized by it and by Conmebol.