According to ANSA, four legal opinions submitted by four lawyers argue that membership as a registered participant is a mandatory requirement for election as president of the Italian Football Federation (FIGC), and Giovanni Malago does not hold this status. The documents do not state that takeover of FIGC is a direct and inevitable consequence. Medugno stated that the appropriate assessment should be conducted by the competent body of the Italian National Olympic Committee (CONI) and should consider the severity of the violation.

According to Article 7 of the CONI Statute, for the Executive Board to make an appropriate decision, it must confirm the existence of a "serious breach of the sports system," meaning that the action violates the rules, principles, or fundamental obligations of that system and is serious enough to cause significant harm to the institution's autonomy, its normal functioning, or the proper pursuit of its objectives. The key question will be the severity of the violation. Medugno believes that the appropriate decision is "strictly technical and legal in nature (and in no way political)" and requires an assessment of whether there was "inaction, negligence, or incompetence" or whether the actions "reached the threshold of a serious breach of the Statute and fundamental governing principles." Scoka also believes that the consequences should be assessed by the competent CONI body, but stated: "The election of an unregistered member is an invalid election."

All four opinions support the position of the General Prosecutor for Sports. Article 29, paragraph 1 of the FIGC Statute provides that candidates must be in "appropriate registered status on the date of application submission," meaning that valid registered membership is a fundamental requirement; however, the FIGC Prosecutor's Office previously interpreted "appropriate registered status" as distinct from "being a registered member oneself." Therefore, Coccia considers this a "subjective requirement for candidacy and corresponding right to election," while Angeletti stated there are "no doubts." However, Angeletti also noted that Malago's candidacy may not have been challenged within the timeframes provided in the Statute. Article 21, paragraph 4 of the Statute provides that the Federal Guarantee Commission must immediately, and in any case no later than 7 days after the election, identify any potential incompatibilities. Angeletti wrote: "I have no information on whether an objection was filed within the aforementioned period."

Medugno also discussed appeals filed by lawyer Renato Miele in recent months. He stated that these appeals, "even if inadmissible, clearly point to a fundamental defect. The Federal Prosecutor's Office took no action to challenge it. FIGC ignored repeated requests from parties for access to documents and did not participate in external legal proceedings concerning FIGC." He believes these elections have an "inherent defect," but the only action CONI can take to restore the violated rule of law is through administrative measures. The text then hypothetically mentions a "takeover body," indicating that a possible takeover proposal would be put forward by the National Executive Board and approved by the National Council.

Meanwhile, Renato Miele, the lawyer who was excluded from the FIGC presidential election and was the first to raise the issue of Giovanni Malago's lack of registered membership, sent an official notice to CONI demanding the fulfillment of obligations, calling on the Executive Board and National Council to proceed with the takeover of FIGC. He believes that, given the undeniable serious breaches of the sports system by FIGC leadership, a legal takeover is a necessary measure.

Переведено ИИ.

Сайт AF теперь доступен! Читайте полные новости, комментарии, детали матчей и статистику на компьютере. Посетите: www.allfootballapp.com