Elections for the presidency of the Real spanish soccer federation They continue after the Fourth Section of the Contentious-Administrative Chamber of the Superior Court of Justice of Madrid has agreed to suspend the resolution of the Administrative Court of Sport, which annulled the elections.
At the end of june, the TAD partially estimated the resources presented by the Royal Madrid Soccer Federation, the Cultural Leonesa soccer player Sergio Marcos González and the Flat Earth and UD Los Barrios clubs. In this way, it annulled the call for the federal elections scheduled for August 17 or September 17 by defects of form in said call to the polls, as it had been carried out by an incompetent body (the Board of Directors) and not by its president (Luis Rubiales).
For this reason, the Federation filed a contentious-administrative appeal before the TSJM requesting as a precautionary measure « Suspension of effectiveness » of the aforementioned opinion of the sports court and among its defense arguments invoked first « An obvious appearance of good law ».
In this sense, the Chamber noted that the TAD had to carry out «a significant effort to interpret the norms concurrent that regulate the question of competition for this specific question »to sustain the manifest incompetence of the RFEF body to carry out the call for elections.
Also remember that one of the sports judges made a « particular vote » on that thought« Therefore, of course, the incompetence of the Board of Directors, if it exists, cannot be classified as patent and incontroverted. »
In the same way, the court noted that the requirement of the possible loss of the purpose of the appeal was « duly outlined », which was also argued by the RFEF that warned, among other reasons, that in the event of the annulment of the call « it would imply starting the electoral process from scratch », so that 73 candidates who are already Assembly members « would lose that right », and that a delay in this process « it would imply the development and resolution of the process » with the 2020-2021 season already started.
The sentence also stressed that the nullity of the electoral process already begun « is liable to cause major disturbances to the general interests and to third parties that participate or intend to participate in said processes, ”and that a report by Irene Lozano, president of the Superior Sports Council (CSD) on July 17, concluded that « The paralysis » of this electoral process could « result in damage to the general interest ».
« We agree to suspend the effectiveness of the TAD resolution of June 26, 2020, which declares null and void the right to call elections for the Presidency, General Assembly and Delegated Commission of the RFEF for the period 20-24 agreed by the Board Directive of the federation on June 10, 2020, as well as the cancellation of the published electoral calendar, with retroactivity of the procedure from the moment immediately prior to that of the convocation and preparation of the electoral calendar, ”he stated in his opinion before which an appeal for replacement before this same court within five days of its notification.