FOOTBALL BANNING ORDERS IN ITALY

Security at sports events has long been a central issue in both sports law and public order regulation.

Over the past decades, Italian legislators have progressively strengthened the legal framework aimed at preventing and addressing incidents of violence in stadiums, introducing administrative and criminal measures designed to ensure the orderly conduct of sports events.

A recent example concerns the Decree issued by the Italian Ministry of the Interior on 3 February 2026, following serious disturbances that occurred on 1 February 2026 during the Serie A match between Cremonese and Inter Milan. The Decree imposed a ban on away travel for Inter Milan supporters until 23 March 2026, alongside a prohibition on the sale of tickets to residents of Lombardy for the same fixtures.

This case illustrates the practical operation of preventive measures provided under Italian law for managing risks associated with sporta events.

The principal legislative source is Law No. 401 of 13 December 1989 (the Law), entitled “Interventions in the field of gambling and illegal betting and protection of fairness in sporting events.”

This Law introduced a comprehensive framework aimed at countering illegal conduct linked to sport, establishing both criminal offences and administrative preventive measures.

Amongst these measures, the Divieto di Accedere alle Manifestazioni Sportive (DASPO), codified under Article 6 of the Law, is of central importance.

The Law was subsequently reinforced by Decree-Law No. 8 of 8 February 2007, converted into Law No. 41 of 4 April 2007, known as the “Amato Law”, adopted in the aftermath of the tragic death of a Police Inspector in February 2007, which occurred following the Serie A match between Catania and Palermo.

The DASPO constitutes an administrative preventive measure allowing the public security authorities to prohibit specified individuals from accessing locations where sports events are held.

The measure is aimed at preventing conduct that may pose a threat to public order and may be applied to persons who:

• have been reported or convicted, including under a non-final judgment, within the preceding five years for specific offences linked to sports events; or
• have engaged in conduct demonstrating a real risk to public safety.

The Chief of Local Police (Questore) may extend the prohibition not only to sports facilities, but also to locations used for transit, parking, or access by participants or spectators, including railway stations, parking areas, and surrounding zones.

The DASPO has a duration of one to five years.

Where specific preventive needs exist, the Questore may supplement the DASPO with additional obligations, including a requirement for the individual concerned to report personally to a police office during the sports event.

This supplementary measure entails a greater interference with individual liberties, as it directly affects the personal freedom of the recipient.

For this reason, the measure is subject to validation by the Judge for Preliminary Investigations (GIP), through an order appealable to the Court of Cassation, pursuant to Article 6, paragraph 4, of the  Law.

In addition to administrative measures adopted by the Questore, access bans to sporting venues may also be imposed by judicial authorities.

In particular, the DASPO can be applied via criminal conviction for offences committed:

• in connection with or as a result of sports events; or
• during travel to or from venues where such events take place.

In these cases, the prohibition may last two to eight years, and the order is immediately enforceable, even if the judgment is not yet final.

A notable aspect of the DASPO is its preventive character, which allows for the adoption of the measure without a prior definitive judicial determination of guilt.

This principle was confirmed by the Regional Administrative Court of Sicily (CGA), Judgment No. 392 of 3 June 2020, which stated that the adoption of the DASPO does not require a prior judicial determination of liability.

According to this interpretation, the measure may legitimately be applied to individuals reported or convicted – even under non-final judgments – within the preceding five years for offences enumerated in Article 6 of the Law, reflecting its purely preventive and precautionary function.

Italian law distinguishes two principal modalities for the application of the DASPO, each with a different impact on rights protected under the Italian Constitution.

The first involves a ban on access to sporting venues, which is primarily an administrative measure affecting the freedom of movement, safeguarded under Article 16 of the Italian Constitution.

The second, more intrusive, includes the obligation to report personally to a police office during the sports event. This form directly affects the personal freedom guaranteed under Article 13 of the Italian Constitution, albeit less restrictively than criminal precautionary measures.

The Italian Constitutional Court, in various rulings, has confirmed the differing impact of these two forms of DASPO on fundamental rights, thereby legitimising the differentiated procedural safeguards and available judicial remedies.

Over thirty years after its introduction, the DASPO remains a central instrument in the Italian legal framework for preventing violence at sports events.

Its evolution in both legislation and case law demonstrates that this measure has become an essential tool for public authorities, enabling preventive intervention in situations that pose risks to public order.

In the light of recent incidents in professional football, the correct application and interpretation of the DASPO is increasingly relevant, both in terms of safeguarding public safety and protecting the rights of individuals subject to this measure.

Further information and advice on Football Banning Orders in Italy is available by emailing the Head of our Italian Law Practice, Avv. Sara Botti, at botti@valloni.ch.