ITALY Trends and Developments Contributed by: Maurizio Marullo, Giorgio Vagnoni, Francesco Amoresano and Fausto Consolo, LAWP Studio legale e tributario
guidelines enabling both professional and non–professional clubs to establish organisa - tional and control models for sports activities and codes of conduct specifically aimed at protecting minors and preventing harass - ment, gender-based violence and any form of discrimination; and • that all professional and non-professional clubs implement, by 31 December 2024 and under penalty of sanctions from their respec - tive Sports Body, a specific organisational and control model (the “Safeguarding MOG” ) and a code of conduct in accordance with these guidelines. For those organisations that have already adopt - ed an “Organisation, Management and Control Model” under Legislative Decree 231/2001, it is required that they integrate any relevant safe - guarding measures as per the applicable guide - lines above. In addition, under Legislative Decree 29/2021, the regulations of Sports Bodies impose sanc - tions on members who violate anti-discrimina - tion provisions and on those members convicted of: • crimes against minors (eg, child prostitution); • crimes against equality (eg, propaganda and incitement to commit racial, ethnic or reli - gious discrimination); and • crimes relating to sexual assault (including sexual assault against minors and group sexual assault). Requirements of the Italian NOC, National Federations and clubs To promote the new safeguarding legislation, the Italian National Olympic Committee issued Deci - sion No 255 on 25 July 2023, which included, among other measures:
• the adoption of a Safeguarding MOG, serving as a standard for all other entities required to develop their own Safeguarding MOG; • the establishment of “CONI’s Permanent Observatory for Safeguarding Policies” , tasked with issuing guidelines and recom - mendations on safeguarding initiatives, co-ordinating the proper implementation of safeguarding regulations, reporting annually on safeguarding measures adopted, and con - ducting research to further these initiatives; • the requirement for all Sports Bodies to develop their own Safeguarding MOG and related code of conduct, to establish a super - visory body to ensure adherence to safe - guarding policies, to provide mechanisms for effective enforcement of safeguarding regula - tions, and to create new disciplinary sanc - tions for non-compliance by members; and • the obligation for sports clubs to adopt their own Safeguarding MOG and code of con - duct (in line with the guidelines issued by their respective sports entity), and to appoint “Safeguarding Officer” responsible for moni - toring compliance with safeguarding regula - tions and managing any reports of potential abuse, violence or discrimination within the club. Furthermore, all Sports Bodies must adopt a platform for managing safeguarding reports. This platform must be reliable, secure, guarantee confidentiality and ensure the timely and effec - tive handling of each report. Failure to comply with these requirements and safeguarding regulations will result in disciplinary sanctions against clubs and their legal repre - sentatives.
152 CHAMBERS.COM
Powered by FlippingBook