Evaluating control systems to prevent corporate crimes: An analysis within the Italian football context
摘要
Based on the rational choice paradigm, and on the notion of experience goods, this research analyses the models of organisational, management and control (MOMC) introduced by companies to meet Legislative Decree No. 231/2001, an Italian legislation aimed to prevent corporate crimes. Built upon the literature concerning corporate governance (CG) quality, and on the analysis of regulations, guidelines, and judgments of the courts, this study aims to define which parameters can be considered more relevant for determining the expected quality of MOMCs. This research also verifies the degree of transparency within the football sector (a sector particularly affected by recent scandals), about the tools adopted to prevent corporate crimes. This study analyses the MOMCs of Italian football clubs that have uninterruptedly played in the major league (Serie A) since the sports season of 2013/2014—the year of compulsory adoption of the MOMC—to the sports season of 2021/2022, the year of analysis, evidencing that the degree of transparency is very low and that it is difficult for stakeholders to assess the expected quality of these MOMCs. This study contributes to the theoretical debate, expanding the application of CG quality frameworks to this specific CG and control tool and may also help policymakers in determining whether and how to enhance regulation, particularly with regard to the transparency about the parameters that can be more relevant to improve the quality of MOMCs aimed to prevent corporate crimes.