FIGC Election: Coni's Stance on Eligibility, No Immediate Commissariamento

Legal opinions obtained by ANSA indicate that FIGC membership was a fundamental requirement for the presidency, a status Giovanni Malagò lacked. These documents, from lawyers Franco Gaetano Scoca, Luigi Medugno, Massimo Coccia, and Alberto Angeletti, confirm the invalidity of an election held without this prerequisite.

However, the opinions do not mandate immediate commissariamento of the Italian Football Federation (FIGC). Medugno's assessment suggests that Coni's relevant bodies must evaluate the severity of the infringements with a degree of discretion. To justify such a measure, as per Article 7 of the Coni Statute, 'serious violations within the sports order' are required. These are defined as actions that compromise the autonomy, regularity, or institutional goals of the organization.

The core issue will be determining the gravity of these violations. Medugno frames the upcoming decision as a 'strictly technical-legal matter, never political.' The aim is to ascertain whether 'omissions, negligence, or incompetence' occurred, or if the conduct reaches the threshold of a 'serious violation of the Statute and the fundamental Principles above it.'

Lawyer Scoca concurs, stating, 'It is up to Coni's competent bodies to evaluate the consequences,' while leaving no doubt on the merit: 'The election of a non-member is invalid.' All four opinions align with the General Prosecutor of Sport's view. Article 29, paragraph 1 of the FIGC Statute, requiring candidates to be 'in good standing with membership at the date of candidacy submission,' implies an active membership as a fundamental condition. This contrasts with the FIGC Prosecutor's interpretation that 'being in good standing with membership' differs from 'being a member.' Coccia labels it a 'subjective requirement for candidacy and subsequent eligibility,' a point Angeletti deems beyond question.

Angeletti, though, notes the absence of appeals against the candidacy within the statutory timeframe (Article 21, paragraph 4 requires the Federal Guarantee Commission to verify incompatibilities within seven days of the election). He states he has no information about whether such an appeal was filed.

Medugno highlights past appeals by lawyer Renato Miele, which, despite being inadmissible, pointed out a fundamental flaw. He criticizes the Federal Prosecutor for inaction and the Federation for ignoring access requests and failing to participate in extra-federal proceedings. This 'genetic defect' in the election, he suggests, leaves Coni with only 'discretionary measures' to restore violated legality.

The term 'commissariamento' appears hypothetically later in Medugno's opinion, stating it will be up to the National Board to propose it, and the National Council to decide whether to approve it. The violation is acknowledged, but its impact requires assessment.

Meanwhile, lawyer Renato Miele, the presidential candidate excluded from the election who brought Malagò's membership status to light, has formally requested Coni to act. He urges the governing bodies to proceed with the FIGC's commissariamento, asserting it is a legal obligation due to undisputed 'serious violations of the sports order by the FIGC's directive bodies.'