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Language Actualidad jurídica iberoamericana. 2015. Número 2-2
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- Sanzioni disciplinari sportive e unitarietà dell'ordinamento(2015) D'Ambrosio, MarcelloThis paper analyses the issues related to sports disciplinary sanctions, as part of the wider issue concerning the autonomy of sport, which is stillunder debate. The author examines in depth the disciplinary action fundamentals and points out the main case law (about the above-mentioned autonomy), as well as the conditions required in order to be refunded, when disciplinary sanctions are concretely applied. At the conclusion, the author confirms the autonomy of sport being a mere effect of the privates': it can not be considered as an autonomous legal system. Therefore, the ligitamacy of the final verdict can surely be verified by ordinary Courts.
- La 'civilizzazione' della giustizia disciplinare sportiva(2015) Angelone, MarcoThe impulse of «civilization» of sport disciplinary justice has promoted the gradual adjustment of the procedures and remedies provided by federal codes and statutes to the constitutional standards (portrayed in Article 111 of the Italian Constitution) required for the judicial capacity. This evolution is recently culminated ' in conjunction with the reform of 2014 ' in the adoption of the new «Principles of sport justice» of C.O.N.I., which identify a core of substantive and procedural guarantees marking an important step in the affirmation of «due process» in sport law. However, in the current scenery, to move away from the goal of a full and effective protection of the fundamental rights of the accused concurs the penalizing jurisprudence ' endorsed by the Constitutional Court ' that allows to appeal the unlawful disciplinary sanctions before the administrative courts only to obtain the compensation for the loss suffered.
- Intermediazione fra club sportivi e atleti militanti in categorie dilettantistiche: regole federali e unitarietà dell'ordinamento negli stati membri dell'unione europea(2015) Indraccolo, EmanueleThe essay analyses the issues related to intermediaries' activity in amateur sport. The first part investigates the legal nature of federal rules, the amateurism in general and the debatable figure of the sports agent. Criticysing scholars' approaches focussed on plurality of legal systems, we analyse the various types of mediation current in practice and demonstrate their compliance with the unitary legal system.
- Il sistema sportivo tra unitarietà dell'ordinamento e orientamenti giurisprudenziali(2015) Nella, Luca diConsidering the autonomy of sport as a not convincing hypothesis, the author examines sports justice, in order to point out the phenomenon being ascribable to the whole legal system. The analysis is set on a dynamic comparison and involves the Italian and the German case law, as well as the Court of Justice's, supporting the author's dissertation.
- I diritti audiovisivi sportivi nell'esperienza italiana(2015) Orilia, MarinaThe aim of this paper is to examine the main issues related to audiovisual media services and sports in the Italian legal system. For this purpose, the results of scholars' researches are the basis for a deeper analysis, involving the structure of the market where audiovisual media services are exchanged on, as well as the wider European legal framework. Combining different institutions' regulatory activity also leads to a multilevel source system. Although apparently harmonious, it shows a lack of precise criteria as far as particularly detailed regulations are concerned, especially at the national Authorities' level.
- Fenomeno sportivo e autonomia privata nel diritto italiano ed europeo(2015) Lepore, AndreaThe essay deals with the problem of the relationship between state legal order and so-called sports law in the light of the guidelines in the literature, case law and European legislation through the discussion of two particular issues widely debated in sports law: the liability of injury among athletes and the essential elements of the contract of transfer of the player.
- La tutela del giovane atleta nell'equilibrio tra specificità dello sport e diritto comunitario(2015) Ripa, LorenzoThis essay confronts issues related between the relationship of sport rules and EU's law, analyzing the Court of Justice's judgments, from cases Walrave to Meca Medina, which have affected more than others on that relationship. Later, the study focuses on the safeguard of the young athlete through the evaluation of the federal rules that could be an obstacle to the realization of European values. Specifically, this essay considers the so-called sport bond and the training fees, in order to assess any invalidity profiles in comparison with the social and educational role of sport of the art. 165 Treaty on the Functioning of the European Union.
- La partecipazione associativa al fenomeno sportivo nell'esperienza italiana(2015) Landi, RobertaThe paper analyzes the 'associative participation' to sports phenomenon in the Italian experience. Particular attention is paid to the role that sports groups assign to the athlete, especially where practices and regulations continue to compress disproportionately his freedom of association.
