Chapter Giustizia sportiva, giurisdizione statale e diritto dell’Unione europea

Overview & Synopsis

The paper examines the relationship between sports justice and state jurisdiction, taking into account both the traditional system and the more recent provisions introduced by Legislative Decree No. 220 of 2003. After identifying disputes reserved to sports justice and those devolved to ordinary and administrative jurisdiction, specific attention is paid to the relationship between sports justice and state jurisdiction in the context of disciplinary matters, with particular reference to the resulting implications regarding the effectiveness of judicial protection, which have become topical again following the recent preliminary referral to the Court of Justice raised by the Italian administrative judge. Finally, the paper addresses the relationship between European Union law and sports regulations, noting how the former significantly contributes to a progressive erosion of the latter's autonomy.