According to Alex Thomson SFL Chairmen are angry at this EGM and the two resoultions.
Raith Rovers have quoted outstanding issues that are with the SFA eg Appellate decision needs to be confirmed first. They also need assurances from SFA that no other issues eg are BDO likely to question the asset sale and that SFA can issue a club licence. Other clubs are arguiing it is for the SFA to decide not the SFL.
Now if we are agreed that this is a promotion/relegation issue and the placement of Sevco has all the hallmarks as by precedent they should start at the bottom but might be placed higher ie ” promoted” then
FIFA Statute Article 19 Principle of Promotion and Relegation
is most arguably applicable in deciding the placement.
There are 4 points of principle contained in Art 19
The SFL Board arguably could make a judgement on the first (sporting merit) but not the second which is the province of the SFA (licensing etc)
They might struggle justifying approval under the third which prohibits ” Altering the legal form or company structure of a club to facilitate its qualification on sporting merit and/or its receipt of a licence for a domestic league championship, to the detriment of the integrity of a sports competition”
However given SFL anger the 4th is a doozy.
” Each Member (ie the SFA) is responsible for deciding national issues, WHICH MAY NOT BE DELEGATED TO THE LEAGUES. Each Confederation is responsible for deciding issues involving more than one Association concerning its own territory. FIFA is responsible for deciding international issues involving more than one Confederation.”
Now if I were an SFL Chairman not wanting to be railroaded I would be asking FIFA why I was being asked to do the SFAs job and why the SFA were delegating it to my league against a FIFA statute.
If I were AT I would be asking FIFA why the SFA were not following point 4 and it is all over Twitter so he will know.
So, on the usual FIFA/UEFA will not get involved argument how does it stack up if members of a member association tell FIFA that FIFA rules are being ignored and damaging sporting integrity? When a recognised journalist with credibility asks a similar question how can FIFA not get involved or is it not an Article 19 issue?
Aricle 19 in full.
Article 19 Principle of promotion and relegation
1 A club’s entitlement to take part in a domestic league championship
shall depend principally on sporting merit. A club shall qualify for
a domestic league championship by remaining in a certain division
or by being promoted or relegated to another at the end of a season.
2 In addition to qualification on sporting merit, a club’s participation
in a domestic league championship may be subject to other criteria
within the scope of the licensing procedure, whereby the emphasis
is on sporting, infrastructural, administrative, legal and financial
considerations. Licensing decisions must be able to be examined
by the Member’s body of appeal.
3 Altering the legal form or company structure of a club to facilitate
its qualification on sporting merit and/or its receipt of a licence for
a domestic league championship, to the detriment of the integrity
of a sports competition, is prohibited. This includes, for example,
changing the headquarters, changing the name or transferring
stakeholdings between different clubs. Prohibitive decisions must be
able to be examined by the Member’s body of appeal.
4 Each Member is responsible for deciding national issues, which may
not be delegated to the Leagues. Each Confederation is responsible
for deciding issues involving more than one Association concerning
its own territory. FIFA is responsible for deciding international
issues involving more than one Confederation.
