Search results for "sports law"
showing 9 items of 9 documents
Libertà di circolazione, divieto di discriminazioni fondate sulla nazionalità e norme sportive sulla cittadinanza
2018
This paper investigates the right of movement and residence of persons in the European Community and the prohibition of discrimination based on nationality, also in the framework of the relations between community law and sports law. In this perspective, after preliminary analysis of the european and domestic rules referred to the above mentioned right of movement, attention will be held to the important topic of Welfare tourism. The investigation proceeds with the examination of the “Sporting Exception” which allows that european rules on right of movement and prohibition of discrimination based on nationality yeld before the international and State’s sport technical rules.
Employment status in amateur sport in Italy
2016
This paper examines the social status of amateur athletes in respect of discrimination they may encounter in comparison with professional athletes. It also addresses the issue of the Italian ‘vincolo sportivo’ and correlative violations of EU law on the free movement of workers. Finally, some possible solutions are proposed.
Dagli sport a violenza necessaria agli sport ad aggressione regolata
2021
The article analyzes the traditional concept of necessary violence sport and proposes the replacement of this definition with that of regulated aggression sport. The aim of the work is to outline the difference between violent actions and sporting activities. The use of violence, in fact, is incompatible with the practice of sport.
Fighting doping: sports and criminal law regulatory systems compared
2015
Il diritto europeo dello sport, tra specificità, rilevanza economica e motivi imperativi di interesse generale
2018
European Sports Law, between Specificity, Economic Relevance and Overriding Reasons of General Interest The most recent European case law has, once again, raised the question on whether sports law can be regarded as an original and separate branch of legal systems. At European level, sports law is deeply integrated in the legal system and, therefore, it is subject to its regula- tions. This phenomenon is however mitigated by the social function of sport, which, together with technical regulations, provides an important area of legislative, organizational and judicial autonomy to sports law. The ordering principle between sports law and the European legal system is thus identified in the pri…
La giurisprudenza del Collegio di Garanzia dello Sport nel suo quarto anno di attività
2018
This essay analyzes the decisions of Sport Guarantee Committee issued in the year 2018. It follows the previous essay dedicated to the jurisprudence of Sport Guarantee Committee during the past three years of activity, published in this same journal, with the dual aim of updating with respect to the issues already dealt with therein and of enlargement with regard to new issues. As well as the previous, the present essay, for the function prformed by the Author within the Sport Guarantee Committee, carries a reasoned analysis, but with a merely descriptive cut, of the main jurisprudential approaches expressed in the decisions of the Guarantee Committe, with the aim to extrapolate the rules a…
Associations and Sports clubs in the light of community and international legislation: brief notes on the verification of the compatibility of the sy…
2015
The article discusses the problem of the monolithic governance structures of sport. The purpose of the author is to suggest an alternative approach based on a "free market" of sport. The European sports system and the antitrust laws and the judi-cial system in the United States and the protection of competition are discussed.
La sorte dei contratti dei calciatori professionisti nell’emergenza Covid-19
2020
The essay focuses on the impact generated by the spread of the Coronavirus (COVID-19) and by the subsequent numerous regulatory actions. It takles the world of sports and the football players’ contracts in relation to the global pandemic. It analyses all the different Italian Governament decrees enacted in order to regulate sports matters, stressing their effects. The author exam- ines the civil aspects concerning the modi cation or the interruption of ser- vices due under the contract by the player and by the sports society.
L’ASSIMILAZIONE IN AMBITO SPORTIVO DELLA SOMMINISTRAZIONE OFF-LABEL AL DOPING, SPUNTI GIURIDICI ED ETICI
2015
This paper offers an analysis about the issue of off-label drugs use in Italy, focusing on the sport area and on the role of the State. In particular interconnections and divergences with anti-doping regulation will be addressed, making some reflections about the partial lack of regulation.