In non-profit associations and dilettantistic sports clubs, the age limit set forth in Articles 5.1.4 of the Fundamental Principles of the Statutes of FSNs and DSAs, and 148, paragraph 8, letter c) TUIR, in order to exercise the right of voting, ought to be interpreted in accordance to the norms and values of the whole legal system. It follows, from the systematic approach intended to be emphasized in this paper, that the underlying principles of democracy, equal opportunity and equality as well as electivity in corporate offices - which moreover are preconditions for an organization to enjoy tax benefits - must be respected. One cannot, therefore, remain entrenched in a strict application of the rule that, at the attainment of the majority, grants voter eligibility. Even the under-age athlete might participate in the life of the association although exercising the right to vote through their legal representatives
La capacità, l’atleta minorenne e il suo ingresso nell’ordinamento sportivo
Zambrano, Virginia
;Mendola, Angela
2024-01-01
Abstract
In non-profit associations and dilettantistic sports clubs, the age limit set forth in Articles 5.1.4 of the Fundamental Principles of the Statutes of FSNs and DSAs, and 148, paragraph 8, letter c) TUIR, in order to exercise the right of voting, ought to be interpreted in accordance to the norms and values of the whole legal system. It follows, from the systematic approach intended to be emphasized in this paper, that the underlying principles of democracy, equal opportunity and equality as well as electivity in corporate offices - which moreover are preconditions for an organization to enjoy tax benefits - must be respected. One cannot, therefore, remain entrenched in a strict application of the rule that, at the attainment of the majority, grants voter eligibility. Even the under-age athlete might participate in the life of the association although exercising the right to vote through their legal representativesI documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.