Court ruling reveals letters from FIFA discussing A-League promotion-relegation

A ruling by the Court of Arbitration for Sport that FIFA is not legally required to enforce promotion and relegation in countries where it does not exist has uncovered a raft of correspondence between the global body and Football Federation Australia on the game's thorniest topic.

Two lower-league clubs in the United States, Miami FC and Kingston Stockade, filed a case against FIFA, CONCACAF and the US Soccer Federation in 2017, asking the CAS to make FIFA impose its own rules on Major League Soccer - which, along with the A-League, is one of the only "closed" top-tier competitions in the world.

FIFA's previous discussions with Football Federation Australia have been unearthed by a Court of Arbitration for Sport decision. Credit: EPA

Article 9 of the FIFA statutes states that "a club's entitlement to take part in a domestic league championship shall depend principally on sporting merit", referring to promotion and relegation but also stating that other criteria may also apply.

The CAS ruled in favour of the respondents earlier this month, effectively declaring that FIFA was free to enforce its statutes at its own discretion and that the exemption granted to the US and Australia could continue.

The court also published its 66-page decision, which extensively quotes letters from a two-year period which show FIFA pressuring FFA to explain its lack of movement on promotion and relegation - once described by FIFA as the "very essence of football" - after A-League clubs were awarded 20-year licence extensions.

"In line with our earlier correspondence on this matter, we remind you that the principle of promotion and relegation is of fundamental importance to FIFA and is a mandatory principle binding on all FIFA Member Associations," then-secretary general of FIFA, Jerome Valcke, wrote to FFA in May 2015.

Former FIFA secretary general Jerome Valcke holds the ticket of Australia during the 2014 World Cup draw.Credit: AP

Former FFA chief executive David Gallop replied by saying they were committed to promotion and relegation at the "appropriate time in the future" and that A-League licence agreements allow for the introduction of such a system.

"[W]hile there is no professional second tier in Australia, a promotion and relegation system based purely on sporting results is not a viable option in this country in the immediately forseeable future," Gallop wrote.

Gallop also said FFA were creating the "platform" for promotion-relegation by ensuring the A-League's financial stability, adding more teams and "building the capacity" of amateur and semi-professional teams below the A-League through the NPL and FFA Cup.

A year later, in response to further claims of FFA inaction from a representative of Football Federation Victoria, FIFA said it would not intervene in Australian football to enforce pro-rel.

The letter was co-signed by new FFA chief executive James Johnson, who was serving as FIFA's head of professional football at the time.

New FFA chief executive James Johnson previously served as FIFA's head of football.Credit: AAP

"We understand and are sympathetic about the benefits promotion and relegation can bring in terms of incentivising clubs in the A-League and the National Premier Leagues to perform both on and off the field," the letter said.

"However, the principle of promotion and relegation needs to be implemented at the right time and must take into consideration the specific nature of club football in each country."

FFA said in a statement that promotion-relegation remained a "target", but sources within Australia's governing body do not expect FIFA to ever impose a timeline on its introduction - particularly in light of the CAS decision.

"We are aware of our regulatory obligations to FIFA and also understand the objectives behind introducing such a system ... however, these need to be considered in the present context of Australian football," the statement said.

"Our immediate focus remains the unbundling of the Leagues and we will continue to work internally, as well as with domestic, regional and international stakeholders, including FIFA, to consider ways that professional football in Australia can grow and evolve."

A FIFA spokesperson said that it had taken note of the CAS ruling, and directed the Herald to the decision and its statutes when asked for its current position on promotion-relegation in Australia.

FIFA had argued that the introduction of Article 9 was never intended to refer to countries like the US and Australia, but was specifically aimed at combating situations where clubs can "artificially" achieve promotion through relocation or acquiring other clubs.

Intriguingly, a representative of A-League clubs was called as a witness in the CAS case by Miami FC and Kingston Stockade. Former Adelaide United chairman Greg Griffin, who was the head of the Australian Professional Football Clubs Association, submitted a witness statement and was not cross-examined.

Griffin has not returned queries from the Herald to explain the content of his submission or the position of A-League clubs on the matter.

APFCA leader Paul Lederer declared in December 2018 that A-League clubs believed promotion and relegation was achievable within 10 years. Earlier this year, FFA chairman Chris Nikou said it was unlikely before 2034.

FFA has historically talked about promotion-relegation as an ambition, but has never contemplated a timeline for it to be phased in. Those who have lobbied in favour of it believe that has made it too easy for the A-League to wriggle free of making any commitments.

Former FFA chairman Frank Lowy predicted in 2014 that the A-League would one day be "made to" implement promotion and relegation by the game's higher powers.

The Association of Australian Football Clubs pointed to ongoing talks over a proposed national second division as the way to make it possible, but a viable and sustainable model for such a competition is yet to be publicly presented, and many key figures within the game - although supportive of the concept - are sceptical as to whether it can be done.

"As CAS observed, both FIFA and FFA have strongly supported promotion and relegation being introduced in Australia," AAFC chairman Nick Galatas said. "The introduction of a national second division will help make that a reality and ensure Australia complies with every element of Article 9 by developing more strong clubs."