FIGC: jurists exclude membership as a requirement for the presidency and the commissionership

Membership is not an essential requirement to run for the FIGC presidency, there are no conditions for commissionership and at this point "they cannot overturn Malagò's admission to candidacy and his election": this is what the opinions of the five jurists consulted by number 1 of the Football Federation say, which ANSA has seen, on which the Executive Council and the Council of the Olympic Committee will be called to decide on Tuesday.

Sabino Cassese, Bernardo Giorgio Mattarella, Antonio Nuzzo, Saverio Ruperto and Pietro Sirena were asked two questions: whether or not membership is an essential requirement to run for office and whether any failure to do so is a "serious violation" capable of justifying the appointment of a commissioner. The consultancy received in recent hours from the Football Federation offers a "no" to both questions.

Cassese bases his answer regarding membership on the fact that the "accreditation" of one of the components has greater legal force as a requirement for candidacy, while membership is rather a bureaucratic matter. In particular, he notes, the Statute of the football federation has two rules, one for the president (art. 24.5) which does not talk about membership; the other for sports managers (art. 29.19) which speaks of "in good standing with the membership", therefore meaning for those who are members, not for those who may need to become members. Furthermore, the rules on membership would not apply to the federal president, who does not carry out the "sports activity" to which the rules refer.

In the opinions, in particular those of Ruperto, Nuzzo and Mattarella, there is also a no to the hypothesis of a commissionership, on the basis of the fact that failure to register is not considered a "serious violation" of the Statute. Ruperto underlines that Malago's election "cannot be overturned": the deadlines for contesting the candidacy, in fact, are seven days, and that of Malagò was opposed only by Renato Miele (an appeal inadmissible in three levels of judgement) and not by the FIGC prosecutor's office "or other legitimate persons". "Today, therefore, the election of Giovanni Malagò has become intangible", and "no one, not even CONI, anymore has the possibility of overturning the decision on the admission" of the candidacy and the consequent election. If anything, a challenge from CONI following the report from the Attorney General "could translate into other types of initiatives, but would have no effect on an appointment which has now become unassailable".