Yeah I think if the CL winner is a big name team with lots of cash, fans, history etc then their failure should be glossed over. But if they are a nobody team from a nobody country who just got lucky then let them rot for a bigger name with bigger TV audience.
Just joking.
Top 4 for CL spot - no ifs or buts is easier to manage numbers-wise, I think - last thing I want is more "I'm a Lvl X Manager, in a Level X+! CL with no access to Scouts blah).
You had to do it to win it so I'm not really in favour of Get Out of jail Cards. But I wouldn't really mind if they changed it either.