ITALY Trends and Developments Contributed by: Maurizio Marullo, Giorgio Vagnoni and Francesco Amoresano, LAWP Studio legale e tributario
Sports contracts Although the sporting bond has been abolished, clubs and athletes remain free to regulate their relationship through contractual agreements. In practice, the par - ties may enter into fixed-term agreements defining the duration of the engagement and the conditions governing termination or transfer, within the limits established by the legal framework governing sports employment contracts. The sports employment contract can take different legal forms, with a strong presumption based on how the performance is executed: • subordinate employment – remains the rule in the professional sector (with specific exceptions); and • self-employment (including a co-ordinated and continuous collaboration (co.co.co.)) – the most prevalent form in the amateur sector. In the amateur sector, the relationship is presumed to be co.co.co. if the performance does not exceed 24 hours per week (excluding time spent in official competitions/sporting events). All sports workers must be enrolled in a social security fund with mandatory accident insurance for all subor - dinate employees. Systemic implications The reform fundamentally changes the economic model of youth and amateur sport. In the past, clubs relied on the sporting bond to protect their long-term investment in player development. Its abolition raises concerns about a reduced ability to retain emerging talent, greater contractual mobility and possible finan - cial instability for grassroots organisations. In conclusion, the definitive abolition of the sporting bond as of 1 July 2025 marks a clear turning point in Italian sports law and reflects a broader European evolution towards recognising athletes primarily as workers rather than assets. The reform rebalances the relationship between freedom and investment protec - tion: clubs move from a model based on control to one based on compensation, while athletes gain greater contractual autonomy.
limiting their contractual autonomy and freedom of movement. The abolition of the so-called vincolo sportivo (sports constraint) represents one of the most important structural reforms introduced by the Italian sports law reform (Legislative Decree No 36/2021, as sub - sequently amended, most recently by Decree Law No 89/2024). The entry into force of the reform was postponed until 2025 to give amateur and youth clubs time to adjust their financial planning, since the sporting bond had traditionally ensured a certain level of investment sta - bility as the clubs required financial compensation to consent to the dissolution of the bond and the transfer of the player to other clubs. Starting from 1 July 2025, all remaining limitations on contractual freedom deriving from previous reg - istrations will definitively cease to apply. All athletes – including those whose registrations were renewed after 30 June 2023 – will be able to end their sport - ing relationship without the previous constraints at the end of each sport season. The training compensation mechanism The elimination of the sporting bond is not uncondi - tional; it is balanced by the introduction of a training compensation mechanism. Under Article 12 of Legis - lative Decree No 36/2021, when an athlete signs their first professional employment contract, professional or amateur clubs must pay a compensation fee, pro - portionally distributed among the clubs that contrib - uted to the athlete’s development. Each federation determines the amount of compen - sation, the criteria for allocation, and the relevance of factors such as the athlete’s age, contract duration and economic value. This mechanism shifts the sys - tem from one based on contractual restraint to one based on economic recognition of training efforts. The athlete is no longer obliged to remain with a club, but the club receives financial compensation for its invest - ment in development.
162 CHAMBERS.COM
Powered by FlippingBook