Now that the TAS is fashionable, now that everyone knows that their sentences are irrevocable and unappealable for both FIFA, federations and all its affiliates, now that the entire Mexico Soccer Industry claim to be respectful of the resolutions issued by international sports authorities comes the right time to publicize a resolution issued by the Sports Court (TAS) that will cause joys to many and infarctions to others.
It should be noted that in the event that an affiliated federation does not comply with the resolution of an award issued by the TAS with leads to very severe economic and sports sentences; Federations can be suspended to participate in international tournaments and events such as World Cups, You can even lose close events participation, you can even change results obtained by the Federation, etc.
Punishment for “Cachirules”
Mexican football knows from its own experience the severity of punishments that can be applied: for the issue of “Los Cachirules”, although it was not a decision or judgment of the Sports Court precisely, but it was a decision of FIFA, which was not appealed in the TAS- which had been founded in 1984- because there was a very great risk that the punishment and suspension were even greater.
At the beginning, with the known pride The Mexican leaders claimed that nothing would happen to them, because Mrs. Fede was influential, Rafael del Castillo and Guillermo Cañedo were up to the grade compadres of the Brazilian corrupt Joao Havelange, president of FIFA at that time.
What happened? That Mexican football was suspended from all international competition of April 25, 1988 until July 1, 1990. In addition, Mexico was disqualified from the 1989 FIFA Youth World Cup and was replaced by the United States. Would they play it now again, disregarding the resolution of an award? Without a doubt, it would be absolute stupidity.
Once the background and possible scenarios can be placed, we can enter into a resolution taken by the TAS and that must be fully fulfilled as agreed by the parties from April 2026.
In full Award CAS2020/A/7090which is already public, is found in English in which work in my possession and that now I allow me to share with you refers to the entire legal process before the TAS that faced a dispute since three teams of the division of ascent U of G, Roadrunches and deer of Yucatán, who demanded respect for the acquired right of promotion and descent that the MX League and the Federation would have canceled.
It should be clarified, we are talking about a judged case, if the Federation committed and covenant in the TAS, if something that they have not been able to resolve is no longer a subject to discuss, if in their arguments they blocked, they were wrong in their calculations, if they lied, the resolution must be executed since, for those evidence and allegations presented by themselves was that the tas took a resolution to their favor.
In point 16, which is spinal for the final resolution of the TAS, the main argument of the defense of the MX League is established, Who assured the Sports Court that the ascent and descent had not been canceled in any way, but only a provisional suspension for 6 years, which once fulfilled would be resumed.
The letter speaks of six seasons, considering as a sum of the opening and closing tournaments, so they are considered annual seasons, which correspond to six years.
Economic and Sports Stabilization Project 2020-2026
The writing of point 16 says to the letter; “The MX League Assembly met on April 17, 2020, with the assistance of 18 clubs from the MX League and the Executive President, Mr. Bonilla. The main point of the agenda was the treatment of the “Economic and Sports Stabilization Project 2020-2026”. According to the minutes, Mr. Bonilla subsequently explained the financial and undercutting issues related to the project, including the suspension of promotions and decreases for six years and a financial package for the MX Ascent League. LAt motion he subjected to vote and was approved by most of the MX League clubs.
The delivery of resources of a contingency fund for the MX Ascent Division was approved, they assured that operating rules would be established in that category for a period of six years that, according to their project, the time had already had enough time for the promotion clubs and players to develop Mexican talent.
In this economic stabilization project, which Mrs. Fede also presented him to the tas to approve the provisional suspension for six years of the ascent and descent, it was established that the teams should give up various income;
“The teams that integrate the new league must give up advertising in fences, television rights and uniforms to carry out a joint marketing campaign and thus obtain greater resources.
They assured that they would establish economic control for the new league, especially with regard to the management of the resources to be contributed, of which up to 50% could be allocated to payroll. Mentioning that payroll debts, or payments delays, under penalty of cancellation of their affiliations will not be allowed.
This project clearly indicates that the participants in the new league, which was subsequently baptized as a “expansion league” would be the 12 that today receive economic support, plus three clubs of the Premier League, that meet the existing requirements at that time, ensuring that the Premier League teams that participate in the new League may ascend or descend according to the conditions established in the regulations.
The MX League, I explain to the TAS as those support would be, that 240 million pesos would be equitably distributed each year to each of the twelve teams of the Ascent League. That money would be obtained from the payment of fines of the three teams with the lowest percentage and specified the amounts; 120 million would pay the last place in exchange for not descending, 70 million the penultimate and 50 million pesos the antepenultimate.
Over time the MX League, I modify the fine to pay that the last three pay; Today 80, 47 and 33 million pesos are paid in total 160 million, to fulfill and complete the sum of 240 million agreed against the TAS, the MX League of the profits obtained by all the teams provides additional 80 million pesos, that is, as in the “Pirinola” they all put! Why do teams have to develop sports projects? It is a stupidity and another about protection of mediocre teams.
In point 18, presented to the TAS, it is established that the FMF Executive Committee, in accordance with statutes submitted for approval to the General Assembly of the MX League and the MX ascent, the motion to temporarily suspend promotions and descents for 6 years.
Point 19 states that the motion was approved unanimously, pointing out that this approval would not be interpreted in any case as a modification to the FMF statutes.
To reaffirm its sayings, the MX League, in its allegations before the TAS I clarified punctually: “The descent and the ascent in the MX ascent and the MX League They have not been eliminated, but have only temporarily suspended, which presents a substantial difference with CAS 20 L 7/O/5264 and 5265 and 5266 on which the appellants are based ”
Thanks to these arguments and details of the MX League, which assured and insisted again and again before the TAS, which was a temporary suspension is that the Three referees of the Sports Arbitration Court based their decision to prove them right and give them the possibility of temporarily suspending for six years, but not canceling the ascent and decline.
The award leaves no doubt in its antepenultimate paragraph before giving its verdict and conclusion: “For Therefore, if the decision cannot be interpreted as a “suppression”, but only as a “temporary suspension”, the panel considers that the procedure of the Extraordinary General Assembly of the FMF is not unreasonable, in the sense that it understood that it was not necessary to modify the statutes of the FMF to implement such a limited decision ”
In other words, he told them; “Do not do it ham, Doña Fede is not canceling anything, it is only temporary very little time, in 2026, after six years everything will work again as before …”
CONCLUSION
In point 157. The panel of three judges concludes and gives its final resolution: “Based on the above, and taking into consideration all the legal arguments and evidence provided by the parties in this procedure, the panel concludes that: the decision adopted by the Extraordinary General Assembly of the FMF on April 24, 2020 to“ temporarily suspend ”the system of promotions and descents in the MX League and the MX Ascent League due to financial and economic considerations, including the Pandemia of COVID-19 It must be confirmed. “
Same arbitrator chance?
As conscience or chance, the president of Panel del TAS who at that time proved Mrs. Fede to temporarily suspend the promotion and descent for 6 years was the Paraguayan referee Roberto Moreno Rodríguez Alcalá, the same one who now also presided over the vote panel to exclude the Leon from the 2025 Club World Cup.
How to force them to comply
It is known to all that with or without reason, the owners of the mediocre teams that do not invest, who only survive for Fridays, are and will be against rising and descent. But it is not about thinking or wanting it, it is the resolution of an award that forces them to accept it.
Once the semester of 2026 is completed, that is, in a year, whether the University of Guadalajara, deer of Yucatan, Roadrunner of arbitration of sport that there is full compliance with the award in the terms that was issued, mentioning that in case of non -compliance, a disciplinary file is opened so that the FMF is sanctioned and proceeds accordingly. In this way, FIFA will be obliged to issue the sanctions to which there is place or that the resolution of the tas is fulfilled to the letter.
There, in theory there is no that “Chuchita were bolled”, “we are not yet ready” the resolution, in the stipulated terms and periodicity for its fulfillment. Next year, the MX League, the MX Expansion, the Federation, will be trapped by their own failed and breached project, but approved with a final sentence in the TAS.
What things are, the suspension of the promotion and descent of Mexican football was an idea conceived by Alejandro Irarragorri, in order to protect the teams of their friends from a decrease or lose investments with the alibi that they would not come owners of doubtful reputation or with economic or legal problems. Who would have imagined, that five years later the intellectual author would be the one who, according to the newspaper Reforma, is as fugitive from justice and one of his teams with accusations of multimillionary fiscal fraud.
What will they invent? How will they get out of this? Will they continue with the speech that the Mexico Soccer Industry is respectful of the resolutions issued by international sports authorities? Will your respect or FIFA respect or look for the small letter to cheat?
Believe me that I want to see it, I want to hear you next year, because if everything is already clear, fair and transparent in Doña Fifa and with Mrs. Fede, legally the year that “there will be” ascent and descent.
My solidarity for José Ramón Fernández
“To be a journalist, you must first be a good person, bad people cannot be good journalists” Ryszard Kapuscinski (Polish journalist and historian)
