And just to add one more thing, you said exactly what you think should happen and what is another point that makes such awards useless: "The winner has to come from the CL winner." The best player could be in a team that cannot win anything because he is the only good player in that team. Still if he is better than any other player in the world he should get that award. But as it is right now (and apparantly that is something you support) he has no chance at all.
This is a good point.
I think that Modric still deserves it for being absolutely sublime for both club and NT. Aside from how he plays the game, the way he is a kind of talisman who elevates his teammates (especially his NT mates) is something that is incredibly special.
People are talking about Iniesta in 2010. It was between Sneijder and Messi but I think it should have been between Milito and Messi. Milito was instrumental in Inter's Treble, scoring important goals in all competitions. He was so decisive that on the final day of Serie A, he scored the only goal to clinch the Scudetto. In the Coppa Italia Final, he scored the only goal to beat Roma and clinch the trophy. In the CL Final, he scored the only 2 goals to beat Bayern. He scored against the German champs, the Spanish champs and the English champs (Ukrainian champs too, ftr). Can you get more clutch than that? Aside from scoring many goals that season, he also contributed a fair number of assists. He had a season to die for.
Yet all of the above was forgotten because he was barely played in the WC by some coked-out knuckle-dragging neanderthal. And Milito was not even considered the best Inter player for the award.
I'm not saying that other awards are conclusive, but does it make sense to you that UEFA's Forward of the Year and Player of the Year and Serie A's Foreign Player of the Year and Footballer of the Year didn't even come close to challenging for the Ballon d'Or? FOR THE SAME FRICKIN YEAR?
He wasn't even part of 23-player shortlist! Because of the season Milito had, it's arguable that he should have won it. But it's clear that he should have at the very least been in contention.