Is Malagò ineligible for the FIGC? CONI: ‘The decision is not within our remit’
Abodi had asked the Committee, as well as the Anti-Corruption Authority, for an opinion on whether Malagò was ineligible to stand for election to the Italian Football Federation
by Lorenzo Pace
Key points
The response is not a ruling, but it carries the same weight as if it were. The Sports Guarantee Board at CONI has chosen the clearest – and perhaps also the most prudent – route to respond to the question posed by the Minister for Sport, Andrea Abodi, regarding the alleged ineligibility of Giovanni Malagò for the presidency of the FIGC: it is not within its remit. If anything, it falls within the remit of the National Anti-Corruption Authority (ANAC), that is, the other body which was asked for an opinion.
Beyond the scope of responsibilities
In the key passage of the document, which comes less than a week after Abodi’s request, the Panel observes that a ruling on a preliminary eligibility check would “exceed the jurisdiction” of the sports governing body, not least because the Panel itself may in future be called upon to adjudicate on any challenges to the election results.
The issue of careerism and the scope of competence
The Board also clarifies a point of no small importance: there is no question as to whether the sporting requirements set out in Article 29 of the FIGC Statutes have been met. The issue raised concerns, if anything, further aspects of candidacy and eligibility, which may be linked — where applicable — to the legislation on so-called ‘pantouflage’ and its implications under public law.
But here too, the line is a fine one. According to the Board, such assessments do not fall within the remit of sports justice and could, if anything, be brought under the functional jurisdiction of ANAC, the authority responsible for overseeing the application of anti-corruption rules and the ban on revolving doors between public and private sector roles.
A postponement that carries more weight than a decision
The Board’s decision is not neutral. It does not suggest that the problem does not exist. It suggests that, if it does exist, this is not the appropriate legal forum to address it. In contrast, the political and institutional issue surrounding Malagò’s possible candidacy for the leadership of the FIGC remains, with elections scheduled for 22 June. An election that takes place against a backdrop already marked by parliamentary questions and requests for investigation addressed specifically to ANAC by Minister Abodi.
