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Italy

Allenatore capo (Italy)


  • Proportionality information

    1. Have you examined whether the requirements under your national legal system are
    directly or indirectly discriminatory on the basis of nationality or residence?
       Yes. From the results of the tests conducted there was no evidence that  can describe the requirements of Italian national legal system as directly or indirectly discriminatory on the basis of nationality and residence

    2. Which of the following overriding reasons relating to the general interest justifies the measure(s)?
         
    • Public security
    •    
    • Public health
    •    
    • Protection of consumers and recipients of services

    3. What specific risks or benefits have you identified that your measure(s) is designed to, respectively, minimise or maximise?

       Please try to be specific in describing the nature of the risks/benefits you have identified
       Where you have selected more than one overriding reason relating to the general interest in question 2 please be sure to address each of these in your response. Wherever possible please include evidence.

        In Italy, the distinction between professional and amateur sport does not lay, as commonly understood, in the content of the service, but on the legal classification which is given by the Olympic Committee and the National Sports Federation of reference (see. Article 2 of the Law March 23, 1981, # 91). In order to extend to sports the system of protection for security and public health, consumer protection and service users, CONI, also in agreement with the national sports federations, has adopted a National System of qualifications (SNAQ), that independently from the  legal classification of professional or amateur, makes traceable lifelong learning, the release of qualification and licensing of sports operators.

    4. How specifically do your measures operate to minimise the risk(s) or maximise the benefit(s) identified in question 3?

       When addressing this question please try to explain how the measures prevent the risks or guarantee the benefits.
       Where you have selected more than one overriding reason relating to the general interest in question 2 please be sure to address each of these in your response. Wherever possible please include evidence.

       Adherence of the training and of the professional certification to SNAQ by the EU operator  interested in working in the field of sport in Italy (as fencing instructor, coach, trainer, technical and sporting director, manager, official) allows to evaluate the application or not  of the aptitude test compensatory measure, meant to the benefit of public health and safety, consumer protection and service users, and also required by the EU law or by other supranational sources regulations (eg. to combat match fixing, for the fight against doping, etc.).

    5. In so far as you are able, please provide information that you have gathered regarding the concrete effects of the measure(s).

       For example, through impact assessments or information gathered during implementation or review of a measure. Member States who have recently undergone reforms may in particular be able to contribute helpfully to this field. Where you are able to provide cost-benefit analyses this would be particularly valuable.
       Information on whether the measures indeed successfully prevented risks from being realised (e.g. the number of sanctions imposed, a drop in transgressions since the measure was introduced or consequences from previous modifications of the regulation) would equally be helpful.
       Where you have selected more than one overriding reason relating to the general interest in question 2 please be sure to address each of these in your response. You may also wish to include evidence on consumer satisfaction or other measurements of the impact.

       

    Within the  organized sports model headed by the Olympic Committee and the national sports federations, regardless of the legal classification as professional or amateur, the sports operator in question (fencing instructors, coaches, trainers, technical and sporting directors, managers, officers notice) must be registered and then recognized by the National Sports Federation for the specific exercise activity related to the qualification held.

    There are disciplinary sanctions against those carrying out such activities (and possibly being paid by clubs to receive benefits) without authority under regulations established by the Olympic Committee and the national sports federations. The code of ethics observance or behavior expected in this regard, hold paramount importance for example in the fight against doping. In Italy operators being held responsible for actions related to the use  of substances and prohibited practices are subject to disciplinary and  criminal sanctions, which also include the prohibition to engage in activity related to the possessed sport qualification.


    6. Is the general interest objective you indicated in question 2 pursued in a consistent and systematic manner?.

       In approaching your response to this question please consider examples where you have addressed similar risks for comparable professions, not necessarily within the same sector. Is the approach you have adopted in this particular profession comparable or distinct from such similar cases and why?

       Yes

    7. Please explain in how far the degree of complexity or the nature of the activities
    which are reserved justify that these activities can be exclusively performed by professionals possessing a specific professional qualification?

       For example: when the tasks are essentially of a straightforward nature (such as preparing and printing pay slips etc.), or involve essentially the execution of instructions, specific professional aptitudes should not be required.

       As mentioned above, the sports operators in question (fencing instructors, coaches, trainers, managers and technical sports, executives, officials) must still possess the specific skills required by SNAQ regardless of the legal classification of professional or amateur who is given by CONI and the national sports federations of reference (issued  depending on the competitive level, the type of target performance, on professional or amateur qualification of athletes and/or clubs, etc.).

    8. Where you have indicated several measures in place in the screening tab,
    have you reviewed the cumulative effect of all these measures on professional activities?

       If not, why not?
       If yes, please outline for us how you approached assessing this issue as well as the results and conclusions or any learning you drew from this. Where possible please include evidence.

       

    Yes, we have reviewed the cumulative effects of all measures . They are proportionate relating to the general interest question 2


    9. Have you considered the use of alternative mechanisms to achieve your objective(s)?
         
    • Use of voluntary certification schemes
    •    
    • Use of title protection

       Please briefly explain. Where you have selected more than one option, please be sure to address each of these in your response.

       

    Within the EU, professional certification  and the preservation of the relevant skills are at the basis of the free movement of professionals. The sports context is necessarily international, therefore  CONI has long ago established - first in the EU - a system of quality certification, initially exclusively dedicated to those who were engaged in contrasting drugs abuse and later to all the sports operators in question (fencing instructors, coaches, trainers, technical and sporting directors, managers, officials), regardless of the legal status of professional or amateur, which is given by the Olympic Committee and the national sports federations of belonging, as already stated. For vocational qualifications that fall under the legal classification of amateur sports, the use of programs of voluntary certification and title protection was taken in consideration.


    10. Conclusion

       Following your internal examination of this regulated profession, which of the following have you concluded?

    •    Maintain current system

       Explain where relevant:

       Maintain current system

    11. Any other comments?
       None
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