OVERVIEW

The course analyzes the main issues related to public law for sport in comparative perspective.

AIMS AND CONTENT

LEARNING OUTCOMES

The course introduces students to the essential and characteristic elements of the law of the different European sports systems. To this end, not only the main national laws will be analysed, but also the main cases resolved by sports tribunals and national courts. At the end of the course, students will be able to recognise the main characteristics of the several European legal systems in the field of sport and identify the differences and similarities among them. Students will also be able to understand the complexity of the relations between sports justice and ordinary justice in the several European jurisdictions. Finally, the students will also be able to identify the possible legal solutions that sport and ordinary courts of the several European jurisdictions would provide when faced with hypothetical practical cases.

AIMS AND LEARNING OUTCOMES

The teaching aims, including through the study of practical cases, to:

- introduce to the knowledge of the normative sources, institutional subjects and organization of the national sports system, also examining other experiences in comparative law;

- illustrate the protection of the value of sporting activity in Art. 33, co. 7, of the Italian Constitution, analyzing in a comparative view the ways in which constitutional coverage of sports law has been recognized;

- deepen the autonomy of sports systems, focusing on the different models of public intervention in sports in comparative perspective and the recent reform;

- provide the basics with regard to the general principles, the competent bodies and the discipline of proceedings of the Italian sports justice system, also giving an overview of the main experiences in comparative law;

- frame the doping phenomenon on the basis of the relevant national and international legislation and jurisprudence, including through case studies;

- illustrate the relevant national, European and international regulatory framework that enhances the role of sport in promoting sustainable development;

- deepen the link between sport and human rights.

At the end of the lessons, the student should be able to:

- know and correctly use the legal language and technical terminology used in the field of comparative public sports law;

- demonstrate knowledge of the system of regulatory sources, institutional subjects and organization of the national sports system; 

- properly apply comparative methodologies in the study of the topics covered by the teaching, with particular attention to the sports phenomenon in constitutions, models of public intervention and sports justice;

- acquire an adequate understanding of concepts related to sustainability, so as to be able to correctly understand the role of sport in achieving the Sustainable Development Goals of the United Nations 2030 Agenda;

- be able to recognize the value of sport as a tool for peace, protection of human rights and combating racism;

- expose ideas, information, problems and solutions, concerning the contents of the discipline, to interlocutors from the subject and others.

PREREQUISITES

To deal effectively with the contents of the discipline, it's necessary to know the basic foundations of  public law for sport, that the student should have received in his/her previous study curriculum.

It could be so useful (although there isn't any legal obligation in that sense) to have already passed or to study simultaneously for the exams of "Public Law for Sport".

TEACHING METHODS

Teaching will include 48 hours of lectures. Lectures will be face-to-face and seminar-based, conducted in Italian and supplemented by slides and texts from the doctrine. 
Lectures, conferences and symposia on the subject may also be an integral part of the course, in which case they will be pointed out by the lecturer in class and via AulaWeb.
Attendance is not compulsory, but there will be a special schedule for attending students, which will be announced during the first lecture.

SYLLABUS/CONTENT

In the first part of the course, after analyzing the sources and institutional subjects of the sports system, the constitutional relevance of sports activity in Italian Constitution will be investigated, as well as the main constitutional experiences in comparative perspective.

Extensive space will then be devoted to the different models of public intervention in sports and the sports justice system.

The last part of the course will be devoted to specific insights into the link between sport and sustainability and sport and the protection of human rights.

RECOMMENDED READING/BIBLIOGRAPHY

Materials for attending students are provided via AulaWeb. 

Students non attending the class will have to study  the following book:

S. D'Ascola (ed.), Diritto dello sport. Percorsi interdisciplinari, Pacini Giuridica, 2024, Parts I, II, III, VIII, XIV.

TEACHERS AND EXAM BOARD

Exam Board

LORENZO CUOCOLO (President)

FRANCESCO GALLARATI (President Substitute)

LESSONS

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

The exam will be oral and in Italian. 

Students of Erasmus programme (or other similar programmes scheduling only a temporary stay) are allowed, on request, to sit the exam in other languages (English and French are available).

Attending students may be given the opportunity to attend the exam in alternative ways, as will be explained in class.  

ASSESSMENT METHODS

First of all, the student should demonstrate: the knowledge of the course topics, an accurate use of the language, a suitable order in the presentation of the subjects, competence in the technical language, juridical, politicological and historical.