Law 30 September 2015 149 - Discipline Dell

Original Language Title: Legge 30 Settembre 2015 N.149 - Disciplina Dell

Read the untranslated law here: http://www.consigliograndeegenerale.sm/on-line/home/archivio-leggi-decreti-e-regolamenti/scheda17144760.html

Microsoft Word - The sports discipline 2015.doc SAN MARINO We the Captains Regent of the Most Serene Republic of San Marino Having regard to Article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law n.186 / 2005; We promulgate and publish the following ordinary law approved by the Great and General Council at its meeting on September 22, 2015: September 30, 2015 149 LAW GOVERNING THE ACTIVITY 'SPORTS TITLE I PURPOSE OF THE LAW AND STATE INTERVENTION Art.1 (General Provisions ) 1. this law recognizes and provides for the right of citizens to practice sport and motor activity, understood as the right to human, social promotion, education and culture, as appropriate activities to improve the physical and mental capacity, as a preventive factor and protection of public health and of each of malaise, as a means for facilitating the aggregation of individuals. 2. For the purposes of the practical application of those principles, the State's commitment, respecting the environment and its protection, regards sports facilities, green spaces, services and organizational structures for encouraging the practice and development of sport, motor and recreational. 3. The State recognizes the social function of sport enhancing the role of volunteering and sport associations, as a cultural and educational tool in the promotion of respect for the rules and solidarity and combating social problems. Art.2 (Sports School) 1. The State promotes education and physical education in the school of all levels, enhancing its programs and using qualified teaching staff. 2. The State also promotes the closer forms of collaboration between school and the National Olympic Committee of San Marino (hereinafter abbreviated CONS), coordinates with the various school levels of education, aimed to a greater spread of the sport, including through appropriate regulatory instruments which include: a) the promotion of initiatives aimed at popularization of Olympism, ethics and sports culture, promoting cultural, civil and social integration of young people; b) the strengthening of hours of physical education and the practice of physical activity in schools of all levels in order to increase motor skills and coordination, and to combat a sedentary lifestyle; c) the prevention and overcoming of all forms of discomfort through projects in schools that provide educational activities - educational and sports, in order to achieve a synergy between the intellectual and motor skills; d) coordination with the various activities of school education aimed at preparing psychomotor and greater dissemination of sports; e) the promotion of training courses for educational staff and the CONS School in collaboration with international sports bodies, institutions, organizations and universities; f) the organization and implementation of student sports events; g) inserting CONS representatives in committees and educational bodies in their independence and expertise. 3. The School and the CONS may sign specific memorandums of understanding for matters of mutual interest aimed at encouraging and disciplinary skills and specific joint activities. TITLE II NATIONAL COMMISSION FOR SPORT Art.3 (Institution, nature and functions) 1. To coordinate initiatives and sports events with a logical system aimed at the rationalization of resources, the general interest and the pursuit of the objectives of this Act , it has established the National Commission for Sport. 2. The National Committee for Sports is an advisory body with the task of analyzing the organizational, logistical, financial and technical sports events, leisure and other activities related to the sport, pointing and proposing to CONS, the schools and other competent organs of the State and any appropriate initiatives suitable to improve and enhance the organization of sporting events in the Republic of San Marino. Article 4 (Composition) 1. The National Commission for Sport consists of: a) the Secretary of State with responsibility for Sport, or his representative, who presides; b) the Secretary of State for Education and Culture, or his delegate; c) the Secretary of State with responsibility for Youth Policy, or his delegate; d) the President of the CONS; e) the Secretary General of the CONS. 2. An official of the Secretariat of State with responsibility for Sport held the position of secretary. Art.5 (Operation) 1. The National Commission for Sport meets at least once a year. it is
convened by the President of the Commission whenever deemed necessary. They may be invited to attend meetings of State Secretaries, Presidents of National Sports Federations, Sports Discipline Associate, sports associations, executives and public and school directors, consultants or experts in matters within their competence provided for in the agenda of the sessions. 2. Participation in the National Committee for Sport is free of charge and does not involve any compensation or attendance fee. TITLE III NATIONAL OLYMPIC COMMITTEE OF SAN MARINO (CONS) Art. 6 (Purpose) 1. For the implementation of the sports policy programs and the promotion of sport at all levels, shall be established under the supervision of the Secretariat of State with responsibility for Sport, the CONS, public entity and autonomous, with legal personality which brings together groups, coordinates and supervises all National Sports Federations (FSN) and Sports Associated Disciplines (DSA) affiliates. 2. The CONS is responsible for the organization and the strengthening of the San Marino sport and its activity, carried out independently, is foreign to any religious influence, political, racial and economic and acts against any form of violence in the conduct of sports activities. 3. The CONS, whose purpose is to develop and protect the Olympic Movement in the Republic of San Marino, can not be involved in activities that are contrary to the directives of the International Olympic Committee (hereinafter IOC) and remains committed to preserving their autonomy in full compliance with the Olympic Charter of the IOC. 4. The purpose of CONS is to promote the fundamental principles and values ​​of Olympism in the Republic of San Marino, in particular, in the field of sport and education, by promoting sports and educational programs for the FSN and DSA, at every grade school through cooperation with international sports organizations, physical education institutions and universities, encouraging the creation of institutions, academies, museums for the promotion of programs, including cultural, assigned to Olympic education. 5. The CONS undertakes at all FSN, DSA and at the Institute of Social Security (ISS) that the sports for athletes with disabilities are promoted and developed, through appropriate and compatible resources, in consultation with the sports organization reference subsidiary referred to in paragraph 4. 6. the CONS ensures that disabled athletes participating in the Paralympics and the Special Olympics, the same treatment that is accorded to the able-bodied athletes at the Olympics, in consultation with the sports organization of reference and the extent applicable, the Paralympic Committee and the Special Olympics San Marino San Marino. Article 7 (Statute and role) 1. The CONS is required to follow the international sports law principles and guidelines issued by the IOC and by the organization and the strengthening of the national sport, in particular the preparation of the athletes and the ' preparation of vessels suitable for the Olympics and for all other national or international sports events aimed at the Olympic preparation. 2. The CONS is also responsible, in the national sports law, the adoption of prevention and suppression measures of substances that alter the natural physical performance of athletes in sport and the promotion of the widest possible dissemination of the practice sport, whether professional or amateur, and encourages support measures in the field of medical care and protection of the health of athletes. 3. The CONS supervises, contrasts and reports to the competent judicial authorities whoever offers or promises money or other benefit or advantage to the participants in a sporting competition organized by FSN and DSA recognized by CONS in order to alter the course and / or to achieve a result other than following the correct and fair conduct of the competition, or performs other fraudulent acts aimed at the same goal. 4. The CONS recognizes specific roles and responsibilities to foster and promote the sport of athletes with physical or mental disability, to multidisciplinary sports organization, equivalent to a FSN to deal and coordinate all activities and sports practiced by otherwise clever, and relations with the CONS. 5. The Statute of the CONS, drawn up in keeping with the national and international law, was adopted by a majority of elected members and law by the National Council, on a proposal of the Executive Committee and is approved by the IOC, and, after approval of the IOC in compliance , also from the Secretariat of State with responsibility for Sport, within sixty days of receipt.
6. The statute governing the activities and organization of international sports law CONS following the evolution and in accordance with this Act, regulating, in particular, the procedures for the nomination and election of the President, the Executive Committee and other Entity bodies. Article 8 (Powers and functions) 1. The CONS powers and authorities with regard to public sports activities, however and by whomever exercised, and in particular: a) Make a four-sport policy program to be approved by their deliberative bodies within six months from the renewal of the Board; b) exercise the management, maintenance and control of sports facilities held for use by the state, to which it remains responsible, as provided for in Article 10; c) shall formulate an overall plan for intervention priorities for the construction, also direct, of new sports facilities, for the increase of infrastructure and improvement of existing ones, to be approved by their deliberative bodies within six months from the renewal of offices; d) expresses mandatory prior opinion on the new public sports facilities projects and intervention of existing ones, including those intended for use in school, related to physical education activities and a binding opinion, limited to the sporting regulations, for new projects sports facilities; e) coordinates and oversees the organization of sports activities on the territory of the Republic of San Marino, carried out by organizations which it recognizes, dictating the general principles for the discipline, organization and conduct of sports activities, in order to supervise the regular and proper functioning of competitions by all FSN and DSA; f) establishing the fundamental principles which must comply in order to obtain and maintain recognition for sporting purposes, the FSN and DSA, and ratified the statutes in harmony with the directives of the International Federations; g) participate in the Olympic Games, by sending their athletes with the exclusive authority to represent the Republic of San Marino. In this respect, it constitutes, organizes and guides the delegations for participating in multidisciplinary events, patronized by the IOC and is responsible for the behavior of the components of their sports delegations; h) cooperate with health care providers and organizations entrusted to the protection of health of the athletes and for the prevention of doping, taking all useful initiatives to prevent and punish the use of substances and methods which alter the performance of athletes in the conduct of 'sport activity; i) provide by means of its own organs, allocation and disbursement of financial contributions to the FSN and DSA, taking into account the reports of the same, of the four-in point a) sports policy program and the allocation foreseen in the State Budget State and internal regulations approved by its competent bodies in the field; l) has the power to decide on the disbursement of contributions in favor of sports organizations not affiliated to the CONS, the FSN or DSA, taking into account the reports of the same and considering its opportunities on the basis of programs and activities and allocates, by means of its organs, the contributions received by the State for the financing of any other activity or sporting event; m) promote, also in collaboration with FSN, DSA and Sports Associations, training, retraining and study of the technical and managerial cadres in cooperation with international sports organizations; n) collaborate to achieve their goals, with governmental bodies, with which agrees to establish profitable relationships and may present to the Congress of State, by means of the Secretariat of State with responsibility for Sport, proposals and observations concerning the legislative framework on sports matters, taking into account the international legal order. Article 9 (Financing) 1. For the achievement of its purposes, the CONS provides for a means of: a) ordinary financial contributions provided for in the appropriate allocation of the State Budget, including those intended to Federations, to be distributed under the terms of this law and criteria approved by the National Council; b) extraordinary financial contributions, provided in the special appropriations of the State Budget for the preparation and participation in the Olympic Games and other similar events within its jurisdiction; c) proceeds from the concession, management and use of sports facilities; d) contributions from other organizations and / or international sports organizations; e) donations, bequests and donations from individuals;
f) profits derived from sporting events, television rights to the extent of 80%, sponsorships and merchandising. And 'it entrusted to a special law for the establishment of the sports credit subsidies for infrastructure investments and for sports equipment of the CONS, the FSN and DSA recognized. 2. Exclusively for participation and / or organization of international sports events, and in relation to the proceeds referred to in subparagraphs d), e) and f) of paragraph 1, the CONS may establish, within its budget year, multi-year allocations, after specific authorization When returning annually as part of the Budget Law of the State and public bodies Forecast. 3. The CONS, the FSN, the DSA and Sports Associations affiliated to them, benefit from special tax breaks, as established in the legislative framework for taxation. Art.10 (management and use of sports facilities) 1. The management and use of sports facilities in state ownership can be exercised alternatively: a) by means of a right to use the CONS, which manages them directly or delegated form, through special agreements with the FSN and / or DSA users; b) by means of delegated management to private individuals through the conclusion of appropriate agreements. 2. The Secretariat of the competent State using the sports facilities owned by the state, for public needs, institutional, cultural or tourist, by arrangement with the CONS and the managers referred to in paragraph 1, to which the sports facilities are entrusted into account calendars and programmed sport activities. 3. The State also facilitates the use of public sports facilities, in order to promote the right to non-competitive sport also from the citizens in general, by providing: a) the facilities provided to the schools, to the outside teaching time, in the manner set by the "Regulations for the right to use of school gyms" (set out in Annex "a"); b) the facilities in concession to CONS, the FSN and DSA, in the manner set by the "Regulations for the use of facilities for sporting events or other" (listed in Annex "B"). 4. The regulations referred to in paragraph 3 are an integral part of this Law and can be modified by delegated decree. Art.11 (Bodies) 1. They are part of the CONS all FSN affiliates recognized by the respective International Sports Federations recognized by the IOC and the DSA. 2. They are the CONS organs: a) the National Council; b) The Olympic Council; c) the President; d) the Executive Committee; e) the Secretary General; f) the Board of Auditors. 3. The members of the CONS bodies remain in office for an Olympic four. Those who are elected during the four remain in office until the expiration of the organ of origin. 4. The members of the CONS organs may be reelected or renameable for more bets, with the exception of the Chairman, the General Secretary and the Executive Committee members, for which there is a mandate, in the same office, no more than three consecutive four-year Olympic , after which they can not be re-elected in the same office, if you first have expired at least four years. 5. In the event of early departure, the person referred to in paragraph 2, letter c), d) and e) they can not be re-elected in the same position before they are after at least four years. 6. In the event that a person referred to in paragraph 2, letter c), d) and e), covers an assignment for a period of less than three terms and is elected again but in a different assignment, the maximum duration of new appointment is three mandates with effect from the date of appointment to the new post. Art.12 (Requirements) 1. Those who hold positions within the CONS of the bodies must satisfy the following requirements: a) be citizens of San Marino; b) not have been convicted by final judgment for intentional crimes to imprisonment exceeding one year or to sentences entailing the same time, the exclusion from public office; c) not be declared unfit person under Article 1 of Law 47 of February 23, 2006 and subsequent amendments and additions; d) not to have been, in the past two by the CONS Olympic four-year disqualification or sporting inhibitions totaling more than a year, from a FSN / DSA or an international sports organization recognized unless rehabilitation; e) not to incur the incompatibility provided for in this law. 2. It is not eligible, anyone who has suffered a penalty, following a finding of a violation of anti-doping sports rules or the CONS of the provisions of the World Anti Doping Code of the World Anti Doping Agency (WADA).
Art.13 (National Council: nature, composition and duration) 1. The National Council, highest representative body of the sport in San Marino, is a deliberative body, to address and control and harmonises the sport of FSN and DSA. 2. The National Council is composed of the following members of law: a) the President of the CONS; b) the Presidents of FSN Olympic, non-Olympic and service; c) any members from San Marino IOC. 3. They are elected members of the National Council: a) the two representatives elected by Olympic athletes, in accordance with the Olympic Charter as prescribed in paragraph 6 of Article 53; b) the Executive Committee members not holding the post of presidents of FSN Olympic, non-Olympic and service; c) representatives of the DSA, elected in accordance with the appropriate regulations adopted by the National Council; d) any Sammarinese Presidents of International Sports Federations or Continental recognized by the IOC. 4. The members of right and elected members of the National Council, are entitled to vote, given that in accordance with the Olympic Charter of the IOC, the voting majority should be constituted by the votes of the representatives of the FSN affiliated to the respective International Federations who run sports included in the Olympic Games program. 5. In the majority of the above calculation includes the two representatives elected by Olympic athletes and any Sammarinese Presidents of International Sports Federations or Continental, where the latter represent a sport included in the Olympic Games program. 6. The Statute of the CONS may provide for the participation in individual sessions of other parties without voting rights. 7. proxies are permitted, for the participation in the work of the National Council, only in favor of Vice Presidents and General Secretaries of the FSN. 8. The Secretary of the National Council functions are assumed by the CONS Secretary General, and in case of his absence or impediment, by a member of the National Council or the Executive Committee or by an official designated by the President of the CONS. Art.14 (National Council elections, authorities and powers) 1. The members of the National Council CONS right: a) elect the President of the CONS absolute majority of the components; b) elect a Vice President, between the Presidents within the National Council provided that states the majority of votes of those present; c) elect five members of the Executive Committee by a simple majority of those present, of which: - three Presidents belonging to FSN; - Two members who do not hold the office of the Presidents of the FSN Olympic, non-Olympic and service; d) elect the Secretary General of the CONS provided that states the majority of votes of those present. 2. The Statute of the CONS establishes the conditions for election and representation of FSN and DSA to comply with the provisions of the Olympic Charter. 3. The National Council has the following duties: a) adopt the statutes, regulations and other legislative acts of competence, as well as the related acts of interpretation and application address; b) formulate and approve a policy Sportiva Quadrennial Program and the Plan of priority fields on sports facilities, within six months of taking office of the new Executive Committee; c) establishes the general guidelines of the Executive Committee in accordance with the Sport Policy Quadrennial Program, as well as the criteria and procedures for the exercise of controls on Sports Federations, Associated Disciplines recognized and affiliated Sports Clubs; d) appoint, on proposal of the Executive Committee, the members of the Sports Tribunal; e) appoint, on proposal of the Executive Committee, members of the Commission of the CONS Technique; f) appoint the members of the National Anti Doping Organization (NADO) and its President, and may establish additional bodies necessary for the activities and disciplinary measures on doping; g) consider and approve the budget and final accounts of the CONS, the variations and the report of the Executive Committee on the Management Entity; h) act within six months of the submission of requests, on FSN and DSA affiliations; i) ratify the statutes, regulations and the financial statements of FSN and DSA; l) has surveys to verify management irregularities or the FSN or DSA operation, you hear even the International Federations and, in case of violations, appoints the Commissioners for the commissioner to the management of the case; m) decide, by a majority of two thirds of the members, on the suspension and / or revocation of the FSN or DSA, in accordance with procedures laid down in Article 41;
n) states, in harmony with the International Sporting Sorting and within each FSN or DSA, the criteria for the distinction of amateur sports from professional; o) decides, on a proposal of the Executive Committee, the Administrative Regulation and the accounting of the CONS, the FSN and DSA and the methods of control on affiliated sports associations; p) decide on any other matters submitted by the President or the Executive Committee or of which it is required to enter on the agenda for at least one third of members of law; q) issue internal regulations autonomous administrative, technical, operational, to ensure the Authority's activities, as well as the general criteria for the correct conduct of the competition in harmony with the purposes of this Act and which do not conflict with the 'national and international sports law and with the legislation in force; r) provides for the temporary suspension or, if for serious reasons, the termination of the mandate of Executive Committee members with a majority of two thirds of its members; s) decides on the provision of financial contributions in favor of the FSN, the DSA, the sports associations not affiliated and also for any other activity or sporting event; t) ratification at its first meeting, the emergency resolutions adopted by the Executive Committee to replace him. Art.15 (National Council: convening, constitution and resolutions) 1. The National Council shall be convened by the Chairman at least twice a year to approve the budget and the final balance and for the renewal of the Board, no later than March 31 of the year following the year of the celebration of the Olympic Games. 2. The National Council must be met first and second call. The first call is valid with the presence of the absolute majority of the members entitled to vote; The second call is valid with the presence of at least one third of members entitled to vote and must be called half an hour later the same day and venue set for the first call. 3. The President or the majority of the Executive Committee members can convene the National Council whenever they deem necessary and shall also convene it within thirty days when they face a reasoned request in writing at least one third of members of the National Council of law. 4. The act of convocation by the President. In case of absence or impediment is performed, in order, by the Vice President or the oldest member by age of the Executive Committee or the National Council. 5. The notice of meeting is prepared by certified mail or by e-mail, containing the agenda to be sent eight days before the date set for the meeting to all members of the National Council and is communicated to the Secretary of State with responsibility for Sport and to the Board of Auditors Auditors. The individual members of the National Council with voting rights must notify the option of choice regarding the Alert notification method of calling, with a written statement. 6. In the case of absolute necessity, the President may convene the National Council with notice of one day, by adopting urgent procedure. 7. The resolutions are adopted by a simple majority of those present entitled to vote unless the different qualified majorities provided for in this law or the statutes. In the event of a tie, the vote of the President. Art.16 (Olympic Council: composition and deliberations) 1. The Olympic Council consists of the Chairman of the CONS who chairs it, the Presidents of the Olympic Federations governing a sport included in the Olympic Games program, the Executive Committee members on the Board national, by the two representatives of the Olympic athletes and the IOC by any members from San Marino San Marino and the Presidents of the continental or International sports Federations, where these represent sports included in the Olympic Games program. 2 The Olympic Council shall act, by an absolute majority of the members, the participation in the Olympic Games and all similar events and appoint, on recommendation of the Technical Committee, the sports and the athletes who participate based on their qualification criteria defined. 3. The Olympic Council resolution, also, an absolute majority of the members, on Olympic-related topics, in accordance with the Olympic Charter. In the event of a tie, the vote of the President. 4. proxies are permitted, for the participation in the work of the Olympic Council, only in favor of Vice Presidents and General Secretaries of the Olympic Federations.
5. The Secretary of the Olympic Council functions are assumed by the Secretary General of the CONS and, in case of his absence or impediment, by a member of the Olympic Council or the Executive Committee or by an official designated by the President of the CONS. Art.17 (President) 1. The President of CONS is elected by the National Council and appointed by Regency Decree. 2. It remains in office for a four-year Olympic and is the legal representative of the CONS, including those under the International Sports Organizations; convene and chair the meetings of the National Council of the Olympic Council and the Executive Committee and shall give effect to their deliberations; You have the right to vote. 3. In case of absence or impediment, the President is replaced by Vice President or, even, in his absence, by the Federal President within the Executive Committee older age. 4. The President may take decisions that have a particular urgency and necessity, even without prior authorization of the Executive Committee, subject to subsequent ratification during the first meeting. 5. The office of President is incompatible with positions within guidelines to FSN, DSA and affiliated Sports Clubs. Art.18 (Executive Committee: composition and incompatibility) 1. The Executive Committee consists of the Chairman of the CONS who chairs it, a Vice President, five members elected by the National Council, by any members from San Marino of the IOC, and the General Secretary participates without voting rights. 2. All Executive Committee members, including the President and the Secretary General, are incompatible with executive positions in the DSA and affiliated sports associations, to provide leadership and representation in political parties or movements, trade unions, with the charge a member of the Great and General Council and the Congress of State, presidents or directors of public institutions or state-owned. 3. Incompatibility in holding positions on the Executive Committee, with the exception of the Secretary General, is also extended to those who derive a predominant personal income from racing or related activities of the CONS competence, as well as employees CONS or to officials of the Secretariat of State with responsibility for Sport. 4 The members of the Executive Committee, should find themselves in situations of ongoing conflict of interest, they are deemed incompatible with the charge that line and must be declared forfeited. If the conflict of interest is limited to individual decisions or acts, the person concerned must refrain from taking part in or to each other. Art.19 (Executive Committee: duration and powers) 1. The Executive Committee lasts in office for the entire four Olympic and in compliance with the laws and resolutions of the National Council, it shall perform its functions and has the following powers: a) It submits proposals to the CONS statute to be proposed to the National Council, and the adoption of appropriate internal regulations of technical and operational running to Ente purposes; b) provides the direction and Ente administrative management according to the National Council Directives; c) Exercising powers of control, based on the criteria and procedures established by the National Council, on FSN, the DSA about the functioning of competitions, the Olympic and sporting activities Preparation of Athletes of National Interest and the use of financial contributions; d) prepare the management report, the budget, the variations and the balance sheet to be submitted to the National Council for approval; e) decision on the organization and the organization of services and offices of the CONS and consistency of Ente organic, formulating proposals for the recruitment and management of staff to the Department Directors and responsible to the Director of Public Administration; f) review the budgets and final accounts approved by FSN and the DSA, to be drawn on a model, exercising control functions and address on the services and FSN and the recognized DSA; g) examine the statutes and internal regulations of the FSN and DSA and proposes them for approval to the National Council ratification; h) provides inspections, in case of alleged irregularities on the activity and on the administrative management of the FSN and DSA and affiliated sports associations preparing a special report, proposing to the National Council, in the event of serious violations ascertained, the proposed commissioner, in case of established operating impossibility thereof, or in the event that were not fulfilled the requirements to the smooth running of
sports competitions or temporary suspension or withdrawal of recognition and affiliation CONS referred to in Article 41; i) adopt the urgent resolutions in place of the National Council and submit for its ratification at the first meeting; l) propose to the National Council the appointment of the members of the Technical Committee, the Sports Court and members of other bodies or committees within its competence, as provided by this Act or the bylaws of the CONS; m) decides on actions and resistance in the Ente judgment, as well as on all matters not expressly reserved to the National Council or the President; n) gives the operating authority for its competence and functions may establish committees or groups of study-work assigning tasks, determining the duration and fees, if any; o) establishing the criteria for the allocation of grants for the preparation and the modalities of participation of athletes at the Olympics and other similar events of the CONS of competence; p) formula proposed amendments and the legislation observations concerning sport at the Secretariat of State with responsibility for Sport, taking into account the needs and evolution of national and international legal order; q) define and identify the general criteria of the sporting justice process, proposing a sports justice Regulation to the National Council for approval and implementation. Art.20 (Executive Committee: convening meetings and decay components) 1. The Executive Committee is convened by the President as a rule once a month and whenever the Chairman deems it necessary or when at least a majority of the members with voting rights will written request. 2. The Executive Committee meetings are valid with the presence of the majority of members. 3. Resolutions are passed by a simple majority of those present, in the event of a tie, the vote of the President. 4. If during the four-year period, a member of the Executive Committee deserts meetings for more than three consecutive meetings without a valid and justified reason reported in writing, shall be deemed resigning office or for any other reason should leave the office, the National Council at its first meeting shall replace in the manner prescribed by the statutes. 5. The mandate of the members of the Executive Committee may be temporarily suspended or revoked for serious reasons by the National Council by a majority of two thirds of its members. Art.21 (Executive Committee: replacement and revocation of the President, Secretary General or all components) 1. In the event of resignation of the President or the CONS of the Secretary General, the Executive Committee shall convene within forty days of the National Council for their replacement , in the manner prescribed by the statutes. 2. In the event of resignation and / or contemporary decadence of the majority of members of the Executive Committee, the Chairman of the CONS or, failing that, the Vice President or the oldest member by age of the Executive Committee shall convene within forty days of the National Council for the election of the new Executive Committee, in the manner prescribed by the statutes. Art.22 (Minutes of meetings of the National Council and Executive Committee) 1. For meetings of the National Council of the Olympic Council and the Executive Committee have drawn up special reports by the Secretary General or, in his absence, by a member or officer, determined by the President and under his responsibility. 2. The minutes are made public at the appropriate section of the CONS website and are always consulted on request at the offices of the CONS. Art.23 (Secretary General) CONS 1. The Secretary General is elected by the ex-officio members of the National Council and is chosen from outside of the National Board of subjects possess adequate technical and professional requirements, remains in office for the Olympic cycle and it can be reappointed. 2. The General Secretary shall implement the decisions of the National Council, and the Executive Committee of the Olympic Council of Ente using organic, facilities and personnel of the CONS offices. 3. The Secretary General coordinates the sports activities of the CONS, caring relationships with FSN, the DSA and the International Sports Organizations. It provides the proper keeping of minutes of meetings of the National Council of the Olympic Council and Executive Committee. 4. The Secretary General is incompatible with positions within guidelines to FSN, DSA and affiliated Sports Clubs. Art.24 (regulatory and operating framework of the Secretary General economic) CONS 1. The Secretary-General for the duration of his assignment, if an employee of the
State or public bodies was placed in administrative detachment, or if an employee of a private employer is placed on leave. 2. The Secretary-General has recognized the wage treatment provided for in Annex "F" of the Organic Law of State employees, without prejudice to the more favorable treatment. 3. During the period of posting, if a civil servant, the Secretary General will retain ownership of the place of origin, including the recognition of length of service and ancillary elements of remuneration and any other regulatory and economic rights related to the present and future role business of origin. 4. The resulting fees are charged to the budget of the CONS. Art.25 (Composition and incompatibility of the Board of Auditors) 1. The Board of Auditors consists of a Chairman and two members appointed by the Great and General Council, whose members are to be entered in the Register of Auditors maintained by the Secretariat of competent State. 2. The incompatibilities for the members of the Board of Auditors are the same as provided for in Article 18, paragraphs 2) and 3), for the Executive Committee members. Art.26 (Term of office and powers of the Board of Auditors) 1. The Board of Statutory Auditors remain in office for an Olympic four and has the following powers: a) carries out the feedback on the Entity management and ensures the regularity books and accounting records; b) ensure compliance with applicable laws and regulations; c) verify the balance sheets and estimates; d) carries out cash inspections; e) draw up the report to be submitted to the Congress of State at the end of each financial year on the accounting management of the CONS. 2. The Board of Statutory Auditors attends the meetings of the National Council and Executive Committee. Art.27 (Remuneration) 1. The Chairman and the members of the Executive Committee of the CONS are entitled to a fixed monthly fee and an attendance fee, as governed by the Delegate Decree 31 March 2014 n.47. 2. The Chairman and the members of the Board of Statutory Auditors are entitled to a fixed monthly fee and an attendance fee, as governed by the Delegate Decree 31 March 2014 n.47. 3. Likewise, the members of the Sports Tribunal of Sports Justice appointing body of the National Council, an annual remuneration determined by the Executive Committee. Art.28 (control organs and extraordinary administration) 1. The National Council by resolution passed by a two-thirds majority of the members may order the dismissal of the President and the Executive Committee of the CONS, for persistent non-compliance with legal provisions and serious administrative irregularities such as to impair the normal functioning of the Ente. 2. The National Council appoints a Special Commissioner with powers of ordinary administration and term of office for six months, within which the object will have to be reconstituted organs of revocation and / or dissolution. 3. An appeal against the decision of dissolution of the CONS organs, is entitled to have recourse to the judicial authorities within thirty days of notification. TITLE IV SPORTS FEDERATIONS, ASSOCIATIONS AND DISCIPLINE RELATED AFFILIATES Art.29 (Nature and purpose of National Sports Federations) 1. The National Sports Federations (FSN) recognized and affiliated to the CONS are nonprofit entities that can be invested with legal personality, responsible for the organization and enhancement of sport, technical and athletic preparation within individual sporting disciplines, the designation of the athletes of the teams / national teams in international competitions, the operating technicians, doctors, officials, employees and how many other participating federal sports. 2. At FSN is given the opportunity to take legal personality of its own initiative or at the express request of the CONS, approved by the Executive Committee and approved by the National Council. 3. E 'also the task of the FSN promote, organize and coordinate, including its financial implications, in collaboration with the affiliated sports associations, sports activities and the various national and international events in respect of sporting rules, with the Code World Anti Doping according to the principles of ethics and sportsmanship accordance with the national and international sports. 4. Working closely with the CONS, the FSN adhere to the activation of the initiatives and projects reserved for them on the dissemination of sports culture, the strengthening and development of racing with particular attention to the preparation of the athletes for
participation in the Olympics and other similar events. 5. The FSN play sport and related promotional activities within their competence, in keeping with the resolutions and the CONS addresses, the IOC and the respective International Federation, provided that these do not conflict with the resolutions and national sports order addresses. 6. At FSN has recognized the technical autonomy, organizational and management, under the supervision of the CONS. Art.30 (See - Type) 1. FSN must be established in the territory of the Republic of San Marino. 2. FSN consist of affiliated sports associations and their members, and members of the Federation, only in cases provided by this Act and / or the Articles of CONS, in relation to the particular sporting activities, also by individual members. 3. Subsidiaries FSN to CONS are of three types: - Olympic Federation; - No Olympic Federation; - Service of the Federation. 4. The Federation is an Olympic sports federation recognized by the International Federation recognized by the IOC which, by statute, discipline and governs a sport included in the Olympic Games program. 5. The Federation is a non-Olympic sports federation recognized by the International Federation recognized by the IOC, which regulates and governs a sport not included in the Olympic Games program. 6. The Federation Service is a sports organization whose members work in various ways and with specific skills, with the Federations Olympic and non-Olympic, in the performance of sports athletes and ensure the smooth running of sports competitions organized in the territory and outside the Republic of San Marino. Art.31 (common and essential requirements for the establishment of the Olympic and non-Olympic Federations) 1. They are common and essential requirements to constitute Federation in Olympic or non-Olympic, the granting and maintenance of affiliation to CONS: a) have affiliated one or more affiliated sports associations with at least one hundred members altogether among members, as subsequently separate to the letter f) and members of the Federation; b) be affiliated to the International Federation Olympic or otherwise recognized by the IOC; c) organizing sporting events in the territory or at the international level; d) to have competitive athletes who carry out their activities both in the territory and at the international level; e) have its own technical field; f) have entered classifiable into the following categories: 1) practicing non-competitive sports activities; 2) competitive athletes (who perform competitive activities according to category); 3) sports managers (members of elected bodies or appointed in leadership roles by the CONS, the FSN, DSA or affiliated sports associations); 4) technicians, instructors and coaches, enabled with the appropriate federal license; 5) auxiliary staff (officials, judges, referees, medical staff and carers); 6) supporters, meritorious and honorary member (or members who do not fall into the above categories). 2. Service federations are exempted from the obligations provided in this Article or an appropriate regulation approved by the National Council govern the constraints and requirements for their determination, recognition and affiliation to the CONS. Art.32 (up to Olympic and non-Olympic Federations) 1. The individual registration to the Olympic Federations and Olympic Federations not necessarily happens through belonging to a subsidiary Sports Association, except for those set in Article 31, paragraph 1, letter f), points 3), 4), 5) and 6) for which it is faculty of each federation to provide the affiliate directly or affiliated shaped manner. 2. They assume the qualification of the Federated Sports Associations affiliated and their individual members who expressly request. 3. With regard to article 31, paragraph 1, letter f), point 1), the exception will be planned on the basis of specific regulations approved by the National Council, limited to those athletes San Marino citizens living abroad or even in the play area residents repeated sports activities mainly only abroad or to international regulations and / or bilateral agreements between the respective sports federations involved or for other cause can not be simultaneously enrolled in both a sport Association San Marino is in foreign Association sportive. 4. signing up for more than one sports association is not permitted affiliated to the same FSN except in cases related to several sports federations rulers traced to
International Federations and classification of the same subject in different categories compatible with the statutes. 5. All members of the FSN have an obligation to respect the rules of national law and International and conduct its business in compliance with the principles of sports ethics, fair play and sportsmanship. Art.33 (Sorting FSN) 1. One sporting discipline can not be established that a single FSN that is based on an International Federation Olympic or otherwise recognized by the IOC. 2. The order of the FSN, both in the statutory rules in those regulations and administrative provisions, must be in harmony with the Sorting National and International Sporting. 3. The FSN are governed by a Statute approved by the General Assembly and ratified by the National Council of CONS along with any changes that may be necessary. 4. The FSN adopt its own regulations containing the technical and administrative rules regarding the operation of FSN and affiliated Sports Associations and the exercise of the sport they operated and regulated. 5. The FSN are obliged to recognize and respect the regulations of the CONS and are to issue or renew an annual membership card to its members and affiliates referred to in Article 31. 6. The list of affiliates and members to be given annually to CONS in the terms and manner prescribed by the internal regulations approved by the Executive Committee. Art.34 (bodies and responsibilities of FSN) 1. The essential organs of FSN are: a) the General Assembly; b) the President; c) the Federal Council. 2. In relation to the complexity of their organization, the FSN may provide more organs. 3. The General Assembly is the highest organ of the Federation, it is composed of all members and / or their representatives arising from the federal lists, as well as sent annually to the CONS and its operation is governed by its own statutory rules on the basis of the principle of internal democracy. 4. The executive positions of FSN are incompatible with those directives of Sports Associations affiliated to them. 5. The FSN, through its bodies, administer and manage the funds, income and resources to the pursuit of the goals established by law and the federal statute, in the interest of members. 6. All the executive positions within the FSN, except for those who engage in return for payment and without the right to vote to the administration of sport, are free of charge, subject to reimbursement of expenses incurred in the exercise of activities of their work. Art.35 (Election of Directors of Sports Federations) 1. Executives of the Olympic Federations, Olympic and service can not be San Marino citizens or forensic residents in the San Marino Republic. 2. The President of the Federation shall be a citizen of San Marino. 3. The right to vote in the General Assembly for election to federal office members from San Marino and those forensic residents in the Republic of San Marino. 4. Ways, terms, forms, representations and majorities for the election of the Federal Bodies are established by individual statutes and regulations of the FSN, DSA and CONS. 5. The right to vote for non-elective Assemblies is regulated in the methods by individual FSN and the basic principles for the CONS federal statutes and must still be guaranteed to all sports associations affiliated regularly. 6. In case of dispute on the outcome or the procedures of the federal bodies elections will an appeal to the Sports Tribunal. Article 36 (Incompatibility) 1. Those who hold executive positions within a given Federation, may not simultaneously hold office directives in a sports association in that company or hold executive positions in other FSN or DSA. 2. They can not assume managerial positions in FSN, except as provided in paragraph 4, national competitive athletes who perform athletic activities within the Federation of belonging, or the selected players to join teams / national teams for participation in events and international competitions. 3. They can not take on management positions in the FSN, except as provided in paragraph 5, the coaches, technicians, doctors, officials, consultants and anyone who is employed by the Federation of belonging, employees and officials of the CONS Secretary of State with responsibility for Sport. 4. The FSN may provide in its articles of association the constitution of a Athletes Commission and the election of a representative in the Federal Council with voting rights, elected by the athletes themselves classified in the same Sports Federation.
5. The FSN may provide in its articles of association the election of a representative of the technical and coaches, the Federal Council with voting rights, elected by the same coaches and technicians classified in the same Sports Federation. 6. The incompatibility of covering management positions, with the exception of the elected representatives in the Federal Council of the Federation referred to in paragraphs 4 and 5, it is also extended to those who: a) derive a predominant personal income from sport to it connected; b) are parents and relatives in a straight line first degree and second degree in the collateral line, spouses and cohabiting as husband and wife for employees and elected or appointed officials in the same Federation. 7. In the event of conflicts of interest or temporary limited to individual decisions, the Federal Council of the affected States must refrain from taking part in the deliberations. 8. In the event that the members of the Federal Council find themselves in situations of incompatibility or permanent conflict of interest, must fix their position within one month, otherwise they are considered fallen from his office by resolution of the Board Federal adopted in its first meeting. Art.37 (Renewal of elective office) 1. The FSN, the DSA, the Committees and the Athletes Commission Olympic athletes, must proceed with the renewal of executive positions no later than January 31 of the year following the celebration of the Summer Olympics , in the manner prescribed by its own laws, statutes, regulations and instructions given by the CONS. Art.38 (affiliate Request) 1. The FSN affiliated to the respective International Federations who run sports included in the Olympic Games program or are otherwise recognized by the IOC, and who have worked at least two years of operation, may apply to the adoption of CONS measure of recognition and affiliation directly or associated. 2. The application for recognition must be in writing and accompanied by the following documents: a) Statute, updated list of the affiliated sports associations and their members, names of members of the Federal Council with joint statement with certified copies of the meeting minutes in which were elected; b) documented account of the activity sport, participation and / or organization of events, achievements and programs of activities. 3. elements following will be considered for further evaluation and consideration, even if not binding, the presence of specific sports facilities in the territory and of any technical and sports cooperation agreements of international character. 4. On the affiliate instances to pronounce, within six months from the filing of the application for membership, modification or revocation of membership, the National Council. 5. The Sports Federations that do not have enough of the legal requirements to apply for the recognition and affiliation CONS as FSN or DSA, were held anyway, wherever applicable, to comply with the provisions of this law and respect sports law national and international. Art.39 (affiliate Forms) 1. If the affiliate application to be made by a Sports Federation which regulates a sport that is part of the program of the Olympic Games, the affiliation application must be submitted in the first instance, in the form associated with a National sports Federation already affiliated with the CONS and considered more akin to the type of discipline and sport of the International Federation. 2. If such a case the Sports Federation is not practical, may, in the second instance, the recognition and affiliation, whether incorporated directly to CONS, which Sports Discipline Associated with respect to the provisions of Article 40. 3. special regulations drawn up by the Executive Committee and approved by the National Council, will regulate the procedures for recognition and membership in both cases. Art.40 (Sports Associated Disciplines) 1. CONS can recognize Sports Associated Disciplines (DSA) as equivalent to FSN sports organizations, which carry out their activity nonprofit, affiliandole a FSN already recognized, or associating them directly to CONS 2 . the DSA, except as provided in Article 39, may apply for membership in the form associated with CONS according to the Regulation mentioned in the last paragraph of that article. 3. The recognition and affiliation of the DSA application is subject to the following conditions: a) the sport run must not already be the subject of FSN already recognized by CONS; b) must have an adequate organizational and management structure including the possible allocation of the legal personality;
c) must be equipped with a statutory and regulatory system, which invoke the national legislation of sport, the rules of the CONS and possible reference the International Federation, subject to specific exceptions above in this Regulation for the DSA; d) must have played for at least two years, on an ongoing basis, the sporting activities, including participation with their athletes to sporting events in the territory and outside the Republic of San Marino. 4. The DSA may participate in the work of the National Council in the manner determined by regulations that also regulates the number of representatives and the right to vote in the National Council. Art.41 (suspension, modification and revocation of membership) 1. The National Council, if there is a reasonable suspicion of dysfunction, infringements of rules and the statutory objectives, particularly with regard to the conduct of sports activities and the administrative fairness by FSN and DSA, it shall instruct the Executive Committee, should it not already done so independently, to provide investigation and verification, for the formulation of a preliminary report. 2. In the event that, for a first summary examination malfunctions and failures resulted hypothesized founded, the National Council adopts the resolution with which challenges the alleged infringements and of the notification by means of registered mail, to the FSN or DSA under investigation, staring at a hearing to be held in contradictory no less than fifteen days from the notification. 3. E 'right of FSN or DSA inducing evidence for both texts to documents and defense allegations until further fifteen days following the criminal hearing. 4. The National Council, in response to the investigation procedure, acting by a majority of two thirds of the members, the act of acquittal from the complaints or temporary suspension or withdrawal of membership must be notified within fifteen days by registered , the FSN or DSA affected. 5. An appeal against the above decisions are open to appeal to the Court within thirty days from notification Sportivo. 6. The procedure provided for in the preceding paragraphs shall not prejudice the adoption of shared decision of receivership, under Article 14, paragraph 3, letter l). 7. The maintenance or amendment of affiliate mode to CONS as FSN / DSA are governed by specific regulations issued by the Executive Committee and approved by the National Council. Art.42 (Sports Associations - nature and purpose) 1. Sports Associations are of a nature that no private-organized groups for profit and governed by a statute, constitute the first unifying form of development, promotion and practice of sport and motor. 2. Accession and withdrawal are volunteers and access to corporate offices for election, in accordance with the regulations and standards of reference if the FSN affiliates or competent DSA. 3. The Sports Associations can apply for membership to the FSN and DSA on which they depend technically competent and disciplinary action, as well as from an administrative point of view. 4. Sports Associations with legal personality are to be fully compliant with the rules covering the accounting activities, including the obligation of the budget, the entry list and the minutes kept in the manner prescribed by law. 5. Sports Associations do not have legal personality, intending to join FSN or DSA is that freedom is provided in their own statutes, they will be required to submit the administrative documents required, including the reporting of activity and funding, as required by Federal standards or DSA 4. All Sports Associations are required to make available their respective FSN or DSA national athletes selected to be part of the teams / federal and national teams in accordance with the rules of the CONS, ordering the national Sport and International. 6. Polisportive Associations can request membership to the FSN or the relevant DSA by business segment. 7. Associations Polisportive must comply with the obligations set out in the preceding paragraphs. 8. In the case of affiliate refusal by the FSN or DSA, the sports associations concerned is allowed the opportunity to appeal to the Sports Tribunal. Art. 43 (Financing of the Federations, Associated Disciplines and Sports Associations) 1. FSN and DSA pursue their own ends by means of financial support granted annually by CONS, in accordance with Article 9, paragraph 1, letter a), and by any revenue from the management of sports facilities, with contributions from other public bodies or
private, international sports organizations, grants and donations from individuals, revenues from sports events, television rights, sponsorship and merchandising. 2. Sports Associations not affiliated to the Sports Federations or Associated Disciplines or other legally recognized sports organizations can receive contributions from the CONS in accordance with Article 8, paragraph 1, letter l). 3. The FSN, the DSA and Sports Associations can access, also, to the sports credit subsidies for infrastructure investments, as well as benefit from the tax advantages laid down by the State and determined by the tax law. Art. 44 (Commission for the organization of international sporting events) 1. E 'established the Commission for the organization of international sporting events, consisting of one member appointed by the Secretary of State with responsibility for Sport and a member designated by the Committee executive of the CONS. Are invited to attend meetings from time to time, the President of the FSN or DSA concerned or his delegate. 2. If the Commission considers it necessary, may invite to participate in leadership meetings, consultants and representatives of the police specifically delegated with respect to matters within their competence provided for in the agenda of the sessions. 3. The Commission shall issue the prior authorization of competence for the organization of international sports events with a high commitment, in the territory of San Marino, or in equivalent locations. The authorization of the Commission is binding on the FSN or for DSAs concerned. For the issue of the authorization the Commission shall convene the candidates promoters organization of sport events with a high commitment, issuing mandatory prior opinion regarding the financial resources, to plant, to services, organizational capacity, safety and order public. 4. It meets on the initiative of the Secretariat of State with responsibility for Sport, in response to requests by the promoters of the event. 5. The go-ahead has to be released before the formal involvement of the promoters of the event internationally. Art. 45 (Register of Sports Associations affiliated) 1. In order to certify the regular affiliate of Sports Associations to FSN or DSA consists CONS at the Registry of the affiliated Sports Clubs. 2. The Register of affiliated sports associations is mandatory to confirm the status of Association Sportive affiliated to a FSN or DSA recognized by CONS waves access to public funds and take advantage of confidential tax breaks, in sport, by law. 3. Membership is annual and is made by transmission, by the FSN / DSA of the Statute of the Sports Association, the subsequent changes and amendments, and declaration signed in the company name, statutory purposes, together with the names of the president or legal representative and of the Executive Council members with decision-making powers. 4. Associations Polisportive must register for each section governing a sport due to the different Federations or Associated Disciplines and indicate the sports leaders, decision-makers referents for each FSN or DSA recognized by CONS. 5. A special regulation of the CONS will govern the terms and procedures for access to the Registry of the affiliated sports associations, as well as the transmission of data and its necessary administrative documentation. Art. 46 (Technical Committee) 1. The Commission of the CONS Technique is appointed by the National Council on the proposal of the Executive Committee. 2. The Technical Commission shall be required to fulfill the tasks listed in the appropriate job description, carrying out studies, organization and technical supervision under the coordination of a delegate of the Executive Committee. 3. In the Commission, the Technical service reports, the working methods, programs, timing and performance mode, schedules and anything else are arranged in a flexible manner such that they do ensure the fulfillment of commitments programmatic signed, which will be evaluated by the competent bodies of the CONS. Art. 47 (in the national interest Athletes) 1. The Technical Committee identifies and indicates to the Executive Committee any of National Interest Atleti (AIN), which will be designated periodically by CONS based on proven international competitive results. 2. For AIN, where there are the necessary technical and competitive conditions will be defined by CONS programs of measures aimed at enhancing their performance and to promote their sporting development.
3. For the implementation of these goals, the public administration and mainly the School remains committed to providing, on request of the CONS, its cooperation in relation to the accession of AIN to sport long-term projects specifically activated and approved for the pursuit of competitive results of high value. The School also is committed to providing individualized educational programs, while respecting the established learning objectives from the curriculum, to the pursuit of competitive results, with arrangements to be defined together with the concerned school management. 4. In this respect, the CONS may propose initiatives to promote and develop the projects referred to in paragraph 3, also to autonomous institutions and state-owned, Military Corps and police, as well as private companies, including conventions and protocols d ' agreement with the managers and public and private representatives. TITLE V BUSINESS 'AMATEUR SPORTS AND PROFESSIONALISM Art.48 (professional and amateur sports activities) 1. The practice of sport, whether carried out individually or collectively both as professional or amateur, is free, recognized and protected. 2. For the purposes of this Act, all the activities carried out by FSN, DSA and its affiliated sports associations to them, are to be considered amateur activities except as provided in paragraph 3. 3. They play the quality of professional sports athletes, coaches , technical and team managers, trainers and consultants who, working in the sports industry so prevalent, the exercise for consideration sporting activity with continuity within the disciplines regulated by CONS and having the qualification required by the FSN or DSA competent, according to the rules of the same, in accordance with the directives issued by CONS for the distinction of amateur from the professional. 4. The provision for consideration of sport is the subject of a contract of employment, governed according to the legislation in force when he takes a continuing nature and is the predominant source of income. Art.49 (Sports clubs and multidisciplinary professional league) 1. There shall be regarded professional sports clubs companies participating in their respective professional leagues, national and international, and whose athletes play sports activity in the prevailing fashion. 2. They can enter into contracts with professional athletes only the Sports Associations constituted as joint stock companies or limited liability company, pursuant to Law 47 of February 23, 2006 and subsequent amendments and additions, and after they have obtained for their sport, prior authorization of the respective competent FSN, after consultation with the CONS. 3. The Sports Association must obtain the affiliation of one or more FSN recognized by the International Federation that governs the sport in the contract. The affiliation may be revoked by FSN for serious breaches of the law or is for the sport. 4. The revocation of the Sports Association of the affiliation to the inhibition of the progress of professional sports. 5. In pursuing its activities are required to apply the principle of sporting and financial solidarity in favor of amateur sport with a focus on youth development. 6. In order to facilitate the coordination and the development and organization of professional sports, the sports associations referred to in paragraph 2 may be constituted in Multidisciplinary League. 7. A special regulation, proposed by the Sports Associations making up the Multidisciplinary League and approved by the National Council, lay down the rules of operation and management bodies, in which every association affiliated Sports will be entitled to a seat and a representative of the FSN, a for each sport in question. Art.50 (the behavior of the professionals and supervision) 1. All persons practicing professional sport are required to comply with this Act and of all internal and international rules that govern the sport in question. 2. Supervision and control on the organizational regularity, discipline and administration of the professional activity shall be exercised by the FSN or competent and CONS DSA. 3. The FSN and DSA are required to introduce specific rules in the statute on the regulation of professional sport. Art.51 (sports service ratio) 1. The sport performance report for consideration by stipulation establishes a
contract in writing, on pain of nullity, between the sportsman and the Association Sportive recipient of sports performance, according to the contract prepared by the FSN / DSA of competence, which must contain the obligation of the athlete to respect the technical instructions and requirements for the achievement of competitive goals. 2. The written agreement, referred to in paragraph 1, must be filed with the competent public departments and sent a copy to the FSN and DSA of expertise and knowledge to CONS 3. Without prejudice to the voluntary and free of charge as part of the sports movement , for the fulfillment of particular technical and sporting activities, FSN and DSA may be allowed where there is a need, the work of staff employed or self-employed, on the basis of private law according to current legal provisions relating to employment. 4. Expenses incurred gravitate on the budget of the respective beneficiary sport organizations. ART.52 (Subsidies and tax and regulatory treatment of the benefits of sports activities) 1. In line with the provisions of article 7, paragraph 1, letter o) of Law 166 of 16 December 2013, contributions up to € 5,000, 00 annual and / or documented expenses, granted to non-professional athletes from CONS and the federations and associations affiliated to it, are exempt from tax. 2. This benefit also extends to sports managers, technicians and other staff not professionals, up to a maximum of EUR 5,000.00 per year. 3. The public and private employees who provide their services as part of amateur sports activities at the CONS, FSN, DSA and affiliated groups, outside of working hours and subject to service requirements, can perceive , for these purposes, contributions and expense reimbursements, documented in the manner and within the limits specified in paragraphs 1 and 2, without incurring the incompatibility or inability cases established by legal provisions on labor. 4. That prerogative not incompatibility is detected, the limits defined in paragraphs 1 and 2, to the holders of income from pension or other social security payments, disability payments, mobility and subsidies for socially useful workers. TITLE VI CLASSIFICATION ATHLETES, MANAGERS, AND TECHNICAL OFFICIALS art.53 (Athletes - National Commissions of Athletes - Olympic Athletes Commission) 1. Athletes are hired at the Sports Associations, the FSN and DSA and participate in competitions in compliance with the principles of ethics and sportsmanship, fair play, in accordance with the national legislation and international sports. 2. National competitive athletes selected for representative / national teams are required to respond to the summons of the CONS, the FSN and DSA of belonging and honor the role assigned to them. Likewise undertake to respect the anti-doping rules contained in the Global Code of WADA and the rules governing sports competitions organized by the IOC, the CONS, the International Sports Federations, the FSN and DSA. 4. Athletes may form a National Athletes Commission at the CONS and under the various sports, Commissions federal Athletes of individual FSN and DSA, setting up autonomous standards of operational functionality and organized under guidance criteria approved by the National Council, the purpose of making proposals, suggestions and improvements to the governing bodies of various sports organizations. 5. In application of the principles laid down by the IOC, within the CONS consists of the Olympic Athletes Commission, coordinated by two representatives elected among San Marino athletes who have participated in the Olympic Games under the provisions of the Olympic Charter of the IOC. 6. For the two representatives of the Olympic Athletes Commission, which shall coordinate the work according to its own internal regulations, formulated by the athletes and ratified by the Executive Committee, the participation in the work of the National Council is recognized, with voting rights. 7. To achieve the purposes of the Olympic Athletes' Commission, the National Commission of Athletes and Athletes Commissions federal individual FSN and DSA, can use the facilities and resources and CONS of FSN and DSA where there are, and depending on the appropriations in their respective balance sheets of the relevant sports organizations. Art.54 (sports executives - Technicians - Officials) 1. 'sports leaders, both elected members of the CONS, the FSN, the DSA and Sports Associations which, by appointment or on the specific mandate given by a deliberative body, pursuing their activities in relation to the technical and sporting development, social, educational
sporting and cultural organization of members who are called to lead. 2. framed sports managers in the various organs of the CONS, the FSN, the DSA and Sports Associations, should exercise their function, respecting and relying apply the national and international sports law, non-profit and do not receive compensation, except as provided by law, the statutes or in the individual reference sports organizations regulations. 3. The technicians, coaches and trainers framed at the Sports Associations, the FSN and DSA and at CONS pursuing their activities in compliance with national and international sports law and anti-doping rules, according to the technical and sporting development, educational of the athletes. 4. As part of the CONS, the FSN and DSA, may form and regulate a coordinating body of sports technicians. 5. Tournament officials, framed in their respective FSN and DSA, can participate in the qualification attributed to them, the performance of sports events to ensure regularity in compliance with national and international regulations. 6. The FSN and DSA can recognize groups or associations of match officials. 7. Officials will carry out their duties in accordance with the fair play, in compliance with the principles of impartiality, neutrality and independence of judgment. 8. To carry out their sports activities, sports managers, race engineers and officers may perceive allowances and expense reimbursements on the basis of their entitlements, and sports technical requirements, forms, terms and provisions of this Act. TITLE VII SPORTS MEDICINE - NATIONAL ORGANIZATION OF ANTI-DOPING Art.55 (Health & Safety) 1. Health care in favor of all practitioners of competitive activity, non-competitive and recreational sports is ensured by the State, as for other health services through the facilities of the Institute for Social Security (ISS) or at private health facilities accredited and enabled. 2. The medical examination for the issue of fitness to competitive sports carried out at the ISS services are free for minors and disabled athletes, with the exception of entities engaged in competitive sports of professional type. 3. The CONS and the ISS will coordinate in order to prepare the implementation of further initiatives in the field of health protection in sport, establishing the management criteria and methods of intervention and comparing periodically to check the progress of applied services. Art.56 (Type of controls and fitness certifications) 1. For the purpose of health protection, those who are preparing or practicing competitive sports and non-competitive, as part of activities organized by CONS, by FSN, by DSA and its affiliated sports associations, must undergo periodically to check the suitability to the specific sport discipline for the purpose or place. 2. FSN and the relevant DSA, in keeping with the national and international sports law, establish the status of those who perform competitive and non-competitive activities, while for the recreational-sports activity means that activity freely held, as purely personal and private, from the wider population. 3. The determination of eligibility referred to in paragraph 1, is determined based on evaluations of medical certifiers in relation to the sport practiced, taking into account the information contained in a specific health protocol prepared by the ISS. 4. The delegated decree also indicates the necessary specialization depending on the type of the suitability certified physicians trained certifiers, the specificities of the required examinations, the period of validity and the frequency of checks, as appropriate, also on the basis of the procedural rules set out by the reference International Sports federations. 5. At the Health Authority has established the list of licensed doctors to issue certificates of fitness to be made in public and private health facilities accredited by it. 6. The presentation of the said certificate of suitability by the person concerned, organizing sports applicant, is an indispensable condition for participation in competitive sports, and non-competitive. 7. Actions against the failure or negative issuing suitability referred to in paragraph 3 may be challenged before a special commission set up by the ISS, as defined in the health protocol referred to in that paragraph 3. Art.57 (Anti Doping Organization - San NADO Marino: functions and composition)
1. In accordance with the purposes and recalls made in this Act is hereby established within the CONS that National Anti Doping Organization (NADO), the NADO San Marino, with operational autonomy, with competence in the Republic of San Marino. 2. The NADO San Marino is vested the authority and responsibility for planning, co-operate, propose, coordinate, monitor, prevent and suppress the phenomenon of doping, according to the World Anti Doping Code of WADA and the provisions of this Law, the IOC and the CONS regulations, or the administration or voluntary recruitment by the athlete of prohibited substances and methods prohibited by the Global Code of WADA, in order to artificially increase and unfairly physical performance and performance in the competition season and non-competitive. 3. They are part of the NADO San Marino, with a four-year term: a) a representative of the CONS, appointed by the National Council, who presides; b) one representative appointed by the Secretary of State with responsibility for Sport chosen among members of the Bar of the Republic; c) a medical representative appointed by the Secretary of State for Health; d) a representative of the FSN; e) a representative of Sports Associations; f) a representative of the Commission of the Olympic Athletes or Athletes National Commission; 4. The NADO San Marino has its own Rules of Procedure, approved by the Executive Committee and ratified by the National Council, in keeping with the provisions of WADA, given to all National Olympic Committees, the International Federations and other sporting organizations, and They must be recognized and applied by all FSN, the DSA and their affiliated sports associations, recognized by CONS pain of suspension and / or revocation of the Entity itself. 5. NADO San Marino competes with all the litigation, including sanctions to be imposed to the athletes, managers and technicians and employees to support the athlete or the team. 6. Appeals against the sanctions of the NADO San Marino will be directed to the National Anti Doping Tribunal referred to in Article 59, of the body of justice, for decisions relating to infringements of the provisions of the anti-doping CONS Regulation and Federations sporting event planned and existing or under the provisions of the Global Code of WADA. 7. The Executive Committee sets a specific annual budget for all activities of the NADO San Marino, in line with the budgeted appropriations and upon presentation of a detailed annual report and program. TITLE VIII INSURANCE Art.58 (Insurance) 1. FSN, the DSA and Sports Associations are obliged to insure all its members, agonists or practitioners who provide recreational and sports activities, against damage arising from accidents occurring in the year of sport. 2. At the same insurance cover are also subject to all managers, technicians, doctors, co-workers and all members enrolled in its affiliated sports associations, regular members of the FSN, the DSA and the individual members directly to the latter, as defined in Article 31. 3. This coverage should include the risks associated with transfers of domicile to meeting places made from their own transport or by collective means. The costs arising from the Insurance Coverage is provided with the participation of individual members and federated above. 4. The liability of the CONS, the FSN, the DSA, the Sports Associations and the respective managers, coaches, athletes and federated in relation to activities under this Law, must be covered by adequate insurance cover. The burden of the insurance referred to in this paragraph shall be borne by the CONS. 5. The events and sports competitions of all kinds and related races and tests may not be authorized if the competent sports organization has failed to contract, at his own expense, adequate insurance coverage for civil liability towards third parties and towards the participants. 6. In the case of civil liability to persons referred to in paragraph 1 by the entities referred to in paragraph 2, the indemnification paid by the insurer will be counted in the eventual injuries most compensation payable pursuant to civil liability. 7. The insurance companies, for the compensation payable pursuant to paragraph 1, have no action of recourse against civilians insured in accordance with paragraph 2. 8. The chapters responsible and the ceilings of the insurance referred to in the preceding paragraphs may not be lower than the minimum established periodically by the Executive Committee of the CONS
relation to the risks of each individual sport. TITLE IX JUSTICE SPORTS Art. 59 (Sports Court and National Anti Doping Tribunal) 1. E 'set up at the Court CONS sportsman with conciliatory function and judge, whose operation is governed by the Sports Justice Regulations approved by the National Council; It performs its functions in accordance with the principles of impartiality, independence and autonomy of judgment and evaluation. 2. The organs of the Tribunal appointed by the National Sports Council: a) an Official Judge Grade I, as a tyrannical organ; b) an Official Judge Grade II or appeal, as a body formed by two members. 3. The National Council shall appoint one or more Judges Stewards alternates in case of replacement of the owners for reasons of incompatibility or inappropriateness. 4. The Court has jurisdiction Sportivo, a final ruling on the dispute that pits a FSN and DSA to affiliated parties, to sports associations or individual members or with a sport license, provided that domestic remedies have been exhausted prior to the FSN or DSA in their respective organs of Justice, where present. 5. In reference to the disputes referred to in paragraph 4, the statutes and regulations of the FSN and DSA must provide for mandatory settlement and any arbitration proceedings. The statutes and regulations of the FSN should also include the provision of arbitration compulsory once depleted levels of courts interiors and before resorting to the Sports Court. 6. Every organ of the sporting justice must rule, in the measure of forfeiture, within one month of receiving the appeal. 7. The Sports Tribunal has no jurisdiction over doping, whose jurisdiction is delegated to the National Anti Doping Tribunal, whose composition, competence and jurisdiction will be regulated in the appropriate Anti Doping Regulations of CONS adopted on the recommendation of the NADO San Marino and approved by the National Council. Art. 60 (Regulations of Sports Justice) 1. The Justice Sport Rules, approved by the National Council on the proposal of the Executive Committee, governs the general rules of procedure and includes: a) the principles, the rules of access ITER justice sport and administrative organization at the CONS; b) the appointment and the powers of the sports justice organs of the Federations and CONS; c) the attempt at conciliation between the parties during the judicial process; d) the rules of arbitration; e) the guarantee fees to be paid at the beginning of every court by the applicants; f) the payment of legal costs incurred by the Sporting Tribunal; g) penalties and disciplinary measures and the relevant register; h) the terms and conditions for clemency. 2. The rules provided above does not apply in cases of participation of athletes, companies and federations in championships and competitions that, even though they are in San Marino, are already regulated by international law. 3. The rules provided in this article in reference to the FSN and DSA also applies entirely to sports associations affiliated to them, and all the members of the Sports Organizations within the CONS, FSN, DSA, Sports Associations and individual affiliates and members they have an obligation to bring the matter before the organs of sporting justice order, before you go to court, having exhausted all levels of sports justice. TITLE X MAINTENANCE OF SPORTS FACILITIES Art.61 (Financing of ordinary and extraordinary maintenance of plant operations) 1. The maintenance of public sports facilities and adjacent areas, entrusted by the State to CONS, Ente competes in the appropriate appropriations and according to the rules provided by this law, in particular articles 8 and 10, without prejudice to individual provisions in the agreements related to the management of sports facilities stipulated by the State or by CONS, pursuant to paragraph 1 of Article 10. 2. the extraordinary maintenance of public sports facilities is for the State, whose actions will charge, with regard to construction and structural technical interventions, of specific allocations of the State Budget as stipulated in Article 7 of the Regulations October 29, 2013 6. 3. By regulation adopted by the State Congress will define the character of the building works, the ordinary and extraordinary maintenance, due to CONS respectively and all'Ecc.ma Chamber, referred to in paragraphs 1 and 2. 4. The periodic analysis of extraordinary maintenance, with particular attention to the safety of the plants and the elimination of architectural barriers,
It will be explored on the basis of a plan of action priorities on sports facilities approved by the National Council referred to in paragraph 3, letter b), Article 14 and following confrontation between CONS and the Secretariats of the competent State. TITLE XI TECHNICAL AND ADMINISTRATIVE STAFF AND CONS art.62 (Staff CONS) 1. The CONS, for the exercise of his functions, uses standard staff with civil service employment or other forms of regulated contract from government. 2. The CONS addition, as provided in the context of mobility inter / intradipartimentale and administrative gaps, for adequate partnerships can make use of other staff under the Public Administration, public institutions and private companies with state participation, upon special request the Executive Committee, for the management and organization of events of major importance and sports development projects provided for in Article 47 or relating to the implementation of the four-year policy program approved by the National Council. 3. During the administrative posting period the employees concerned retain all current and future claims related to their role positions in Public Administration or the military corps, in public institutions and private companies with state participation. For the duration of the administrative detachment it is not paid any of their post allowance of the working position of origin. Art.63 (Officers and Employees) 1. The officials and employees carried out, according to their profiles, roles, and skills, coordination, secretarial and accounting, administrative tasks, technicians for the sports facilities management entrusted by the State to CONS, the organization of events and sporting events promoted directly by CONS and supporting those of the initiative of the FSN and DSA. 2. The staff of officials and employees assigned to the Ente shall be based on Law 106 of 17 September 1993, which will be replaced by regular identification of needs by the Directorate General of Public Administration, according to the rules laid down in Act 5 December 2011 188. 3. The first requirement of the CONS will include the role profile Head Unit (RESUNIOP) which shall have the powers in administrative and accounting matters of the Authority and responsibilities. The Secretary General shall act as the Head of Entity staff functions assisted by the Administrative Accounting conforming to the guidelines set by the Directorate General of Public Administration. The cover of the aforesaid relating to the Role Profile Accounting Administrative Manager takes place according to current rules. Art.64 (salaried staff) 1. The CONS may have salaried personnel assigned to services, custody and maintenance of sports facilities and adjacent areas, entrusted in concession to the CONS and from this directly managed. 2. The working relationship for both regulatory aspects and for economic ones, is subject to specific negotiation between the Government and the trade unions, taking into account the flexibility of the services required and the special operating conditions of the CONS in relation to its activities. 3. The salaried personnel or where the CONS may have depends administratively and disciplinary action by CONS, according to the regulations in your work. Art.65 (Determination of staff requirements) 1. The determination of staffing needs will be agreed by the Secretary General with the General Direction of Public Function, also taking into account the specific needs and requirements and indicated by the Executive Committee, after ensuring the its financing, according to the rules laid down no.188 / 2011 Law. Art.66 (discounted Staff) 1. The CONS to ensure the activities of its authority can still sign special agreements relating to self-employed work based on the Program Policy Sportiva Quadrennial, in compliance with current rules and the appropriations provided for balance. Art.67 (sports Secondment of staff) 1. The CONS, actual organizational, technical and competitive, can take the sports detachment of civil servants, public bodies and state-owned and private companies and employers. 2. On requests made by the Secretary General shall CONS respectively the Director of Public Administration, the Director of Human Resources and Organization, the directors of the bodies and the public sector companies and individual private employers.
The refusal of the sports detachment must be justified in relation to service requirements can not be postponed. 3. The posting of salaried workers do not affect either the wage, with the exception of any post allowance, nor on the evolution of the employee relationship detached and they are entitled to be reinstated to the job previously occupied with the recognition for all purposes economic and legal aspects of the service provided. 4. They can access the sports detachment also the self-employed, which will be recognized an appropriate compensation determined by the Executive Committee of the CONS. 5. The compensation and benefit expenses related to the career of public and private employees and daily allowances for self-employed are charged to the budget CONS. Art.68 (Duration and regulation of sports secondments) 1. CONS can avail of the posting of Article 67 within a cumulative maximum limit of working hours equivalent to one month of the year for each and every discipline FSN affiliated Associated Sportiva, understanding them in a total number of hours. 2. The calculation of hours is set excluding the Broader Public Sector personnel or administrative posting within the meaning of the second paragraph of Article 62. 3. The duration of the sports detachment and the modalities agreed upon from time to time with the Directors with of Head of Personnel of the public sector and the private employer. 4. Limited to Athletes of National Interest in Article 47, may be granted a derogation, if necessary, the number of hours referred to in paragraph 1, subject to budgetary constraints. 5. Evaluation of the demands of the sports detachment from the FSN and DSA and the granting by the CONS will be evaluated according to the specific regulations set up by the Executive Committee. Art.69 (sports extraordinary permissions remunerated for sports activities) 1. Athletes, managers, technicians, health, staff and race officials CONS or framed in their respective FSN affiliates or DSA, at the request of the CONS Secretary General, shall be eligible for sports extraordinary paid leave, whether employees of the public sector, whether employees of private employers, up to a maximum of five days for each calendar year, to participate in competitions or meetings of an international character. 2. In the year of the celebration of the Olympic Games, Mediterranean Games, the Small States of Europe European Games Games and the maximum duration of sports extraordinary paid leave is increased to fifteen days. 3. The forms of remuneration of sports extra leave granted to employees of the public sector and employees of private employers, are charged to the budget CONS. 4. For the self-employed, summoned by the CONS Secretary General on behalf of the Organisation or FSN and DSA, for participation in competitions and meetings referred to in paragraphs 1 and 2, is recognized special daily allowance set by the Executive Committee also to CONS load the budget. 5. The application of the provisions of paragraph 3 will take place from the financial year 2016. TITLE XII FINAL PROVISIONS art.70 (Transitional provisions) 1. With the entry into force of this Act, the National Council of the CONS, by ninety days, must make the following elections and appointments: a) election of two new members to the integration of the Executive Committee; b) appointment of Judges of the Sporting Stewards Court referred to in Article 59. 2. The continuing effect of the tasks referred to in paragraph 4 of Article 11 is not retroactive and starts from the Olympic four years following the date of approval of this law. 3. The affiliate applications pending at the CONS at the entry into force of this Act, FSN or DSA, will be considered only after the approval of the special regulation referred to in paragraph 3 of Article 39. 4 . the Executive Committee, after the integration of the members referred to in subparagraph a) of paragraph 1, the proposal will formulate within one hundred eighty days of the Statute of CONS subjecting it to the National Council and the IOC, to conform approval before submitting it for ratification by the Secretary of State with responsibility for Sport. 5. The current statutes of the federations and the CONS regulations and the regulations of the Federations, will be adapted to the new rules introduced by this law, within eighteen (18) months after its entry into force and before the expiry of the mandate of the current members of the CONS for the current four-year Olympic. Art.71 (Read repealed or amended) 1. The following are repealed all rules contrary to the present law and in particular the law 13 March 1997 n.32.
2. The tax relief provided in Article 52 will apply from the next tax period a year of approval of this law. Art.72 (Entry into force) 1. This law comes into force on the fifth day following that of its legal publication. Our Residence, this day of 30 September 2015/1715 THE CAPTAINS REGENT Andrea Belluzzi - Roberto Venturini THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Gian Carlo Venturini ANNEX A to Law 149 of 30 September 2015 REGULATION FOR THE GRANT USE OF GYM SCHOOL art.1 in order to allow full and rational use of school gyms state-owned faculty is managing the activity to CONS sports in school gyms outside timetabled classes, including elective and supplementary activities. The use of the gyms will not, in any way, be conditioning the education service, which must have priority of use of the facilities in accordance with school authority. Art.2 The cleaning of equipment used outside teaching hours will be performed at the personal care put compulsorily available by FSN, by DSA and the Sports Associations to which it is granted the use of the system. Art.3 The FSN DSA and Sports Associations, wishing to make use of school gyms for sports or physical activity or training activities, courses or competitive activities, will have to make a request to CONS in which should be specified: a) name and address of the person to be temporarily entrusted with the structure; b) type of activity being undertaken; c) days and times when it is required to grant; d) any fees charged. Art.4 The grant applications will be reviewed by the CONS offices in chronological order of their receipt, using the criterion of equitable distribution, but taking into account the priorities set at competitive activities and subsequently, to the amateur activities and free time. Art.5 The executives in charge of the FSN, the DSA and its affiliated sports associations, will have to ensure compliance with the following standards: a) compliance with the agreed timetables; b) respect for the environment used; c) compliance with rules and regulations of use of the gyms; d) immediate recast the CONS of any damage caused. Article 6. If an assignee is not using the assigned gym, will be required to immediately inform the CONS. Art.7 The CONS supervises the method of use of the gyms and in case of failure to fulfill commitments may revoke the granting of the use of the system. Art. 8 In the event that the use of school gyms request is forwarded by organized groups nonprofit, the CONS currency from time to time requests. ANNEX B to the Law 149 of 30 September 2015 REGULATION FOR USE OF FACILITIES FOR SPORTS EVENTS OR OTHER ASSETS Art.1 In order to safeguard all citizens the right to practice sport and also non-competitive, in deference to ' Article 1 of the Law "Rules of sport", it is meant at least one day a week, the public opening of public sports facilities. During the day indicated by the FSN, DSA and its affiliated sports associations, non-competitive sports can also be carried out simultaneously programmed agonistic activity, where there is security conditions for the practitioners and the public safety. Users can take advantage of the sports facilities where required upon reservation, in accordance with the rules of use of the same and of any appropriate fee paid, established by agreement between the CONS, the FSN, DSA, the Sports Clubs and / or sub-managers. Art.2 The FSN and DSA can promote courses or sports activities, including through the affiliated sports associations, using a plant owned by the State or in any case in the management CONS applying hourly rates or rates / course that must be communicated to the Secretariat of State with responsibility for Sport and CONS. Art.3 All possible income and expenditure relating to the promotion of courses or paid sport activities must be included in the Administrative Statement of National Sports Federations, the Sports Discipline Associate or to these subsidiaries. Art.4 The hours of use of the sports facilities are regularly inspected by the CONS in order to make the same facilities, to the extent possible, available according to the needs of athletes and practitioners of sports activities. Art.5
In the case of use of sports facilities aimed at sporting events or other, organized by institutions / private organizations, subject to the granting of permits provided for by the relevant Offices, the CONS establishing the terms and rates that will be communicated to the Secretariat of State with responsibility for Sport.