National Justice

Sergio Fernández is at the center of a complaint over incompatibilities between the federal judiciary and the AFA

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ACIJ filed a complaint before the Judicial Council against five federal judges for serving on AFA sports tribunals without Supreme Court authorization. Sergio Fernández is listed as a member of the disciplinary tribunal. Sanctions were requested, but no disciplinary responsibility has yet been established.

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ACIJ filed a disciplinary complaint before the Judicial Council against five federal judges for serving in bodies of the Argentine Football Association. The filing includes Sergio Fernández, a member of the Federal Administrative Appeals Chamber, and argues that his role on the AFA Disciplinary Tribunal may be incompatible with judicial office.

The other judges named are Pablo Morán, Roberto Minguillón, Matías Mancini and Juan Pablo Rodríguez, who according to public information cited by ACIJ serve on the AFA Ethics Tribunal. A complaint is not a sanction and does not establish wrongdoing. The Council must verify positions, duties, duration and any authorization.

The central legal argument relies on Article 9 of Decree-Law 1285/58, which restricts judges from other professional activities unless authorized. ACIJ says none of the five sought Supreme Court approval. That assertion must be checked against official administrative records.

Sergio Fernández is especially exposed because the AFA Disciplinary Tribunal handles cases, evaluates evidence, holds hearings and issues binding decisions affecting clubs, officials and players. ACIJ argues these tasks resemble jurisdictional functions. The question is whether they amount to incompatible professional practice.

The case raises a broader issue: the boundary between a judge's social participation and external duties that may affect independence, perceived impartiality or availability. The more binding and interest-sensitive the outside role, the greater the need for transparency and authorization.

The AFA runs a disciplinary structure with major sporting and economic effects. Federal judges on those tribunals can be presented as technical guarantees, but the arrangement can also create conflicts if the judges later handle cases involving clubs, officials, contracts or football-related entities.

The Judicial Council must avoid two extremes: sanctioning under public pressure without a full inquiry, or dismissing the issue because it involves sport. The investigation needs appointment records, sworn disclosures, decisions issued, possible compensation and cross-checks against judicial cases.

The next step is whether a disciplinary case is opened. If so, Sergio Fernández and the other judges may submit defenses and documents. The significance goes beyond the AFA because the case may define what outside activities are compatible with federal judicial office and what authorization is required.

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