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RESEARCH PRODUCT

La 'civilizzazione' della giustizia disciplinare sportiva

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The 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.