The European Union is the most original experiment in cooperation between States and the law of the European Union is now an integral part of the reality in which we live.
Through the exercise of its competences, the European Union has became an important actor also in the field of sport.
The course aims to provide the tools to understand the functioning of this sui generis system (institutions and sources) in the sport sector.
Students will acquire the methodological tools and general competences of EU law necessary to independently understand issues related to the management of sport relations from the perspective of EU law, in particular with regard to fundamental freedoms, EU external relations and relevant EU policies in the field of sport.
The first part of the course is dedicated to the institutional structure and sources of law of the European Union. In this part, students will acquire knowledge of:
(i) Institutions and rules of functioning of the European Union legal system;
(ii) System of sources and regulatory procedure that leads to their adoption;
(iii) Instruments of judicial protection;
(iv) European citizenship and rights deriving from it;
(v) Principles that regulate the system of competences and their exercise.
In the second part of the course, instead, students will learn about the areas of intervention of European Union law in the sports sector, with particular reference to;
(i) Competences of the European Union in the sports sector;
(ii) Fundamental rights and freedoms of athletes in the European area;
(iii) Market rules and sport.
At the end of the course, students will have acquired the necessary skills to understand the functioning of the European Union legal system in general and with specific reference to the sports sector.
Students will be able to apply what they have learned to concrete cases, having acquired the ability to identify, interpret and systematically read the relevant legal provisions of European Union law.
None
Lectures are frontal. The materials used during lectures (slides, normative sources, jurisprudence) are available on the Aulaweb page dedicated to the course.
The programme includes:
a) the following book
R. ADAM - A. TIZZANO, Lineamenti di diritto dell’Unione europea, Giappichelli editore, 2022, pp. 1-190; 215-300; 327-404;
b) the following articles on reviews:
S.M. CARBONE, Lo sport e il diritto dell’Unione europea dopo il Trattato di Lisbona, in Studi sull’integra- zione europea, 2010, p. 597-608
S. BASTIANON, Da Cassis de Dijon a Meca Medina: la specificità dello sport tra divieti e deroghe nel diritto dell’Unione europea, in Il Diritto dell’Unione europea, 2017, pp. 417-552
S. BASTIANON, La superlega e il modello sportivo europeo, in Rivista di diritto sportivo, 2021, pp. 288-315
The program includes
a) the study of the following textbook:
b) the study of the following articles:
S.M. CARBONE, Sport and European Union law after the Lisbon Treaty, in Studies on European integration, 2010, pp. 597-608
S. BASTIANON, From Cassis de Dijon to Meca Medina: the specificity of sport between prohibitions and exemptions in European Union law, in European Union Law, 2017, pp. 417-552
S. BASTIANON, The Super League and the European Sports Model, in Sports Law Journal, 2021, pp. 288-315
Ricevimento: Students can talk with the professor every Monday from 9 a.m. to 12 a.m. at Department of Political Sciences, Albergo dei Poveri, western Tower, third floor. For a better organization of the meetings, students are kindly invited to write in advance the address: laura.carpaneto@unige.it. In exceptional circumstances, meetings may also take place on the online platform Teams (channel code: 3h0wr34).
LAURA CARPANETO (President)
MARIA ELENA DE MAESTRI (Substitute)
STEFANO DOMINELLI (Substitute)
FRANCESCA MAOLI (Substitute)
FRANCESCO PESCE (Substitute)
ILARIA QUEIROLO (Substitute)
Second semester
Exams are usually held in person, orally and during the official exam sessions.
Usually, the teacher asks three questions about the program for a duration of about 15-20 minutes.
In addition, students who attend at least 2/3 of the lessons are also given the opportunity to take the exam through optional intermediate written test (multiple choice test and open question) that replace the oral exam.
Attendance at at least 50% of the lessons allows students to bring the program planned for attending students to the oral exam.
The course is in Italian.
The exam aims to verify the ability to identify, understand and apply the provisions of European Union law covered in the program, as well as to use appropriate legal terminology.
