The course aims to illustrate the fundamental principles of sports justice. In particular, it will delve into, within the broader framework of the national and international sports legal system, which will be addressed at the beginning, the procedures of sports justice within the scope of the statutory reservation provided by Law 280/2003 and the relationship with ordinary justice, notably the administrative judge. The course will briefly recapitulate the fundamental principles of the legal process to make room for the forms of protection within the sports legal system and, correspondingly, to explain their functioning and organization.

The student will be guided to learn the procedural structure specific to the sports justice system, the methods of conducting the judgment within internal bodies, and the parallel forms of protection alongside the state justice system.

Understanding the procedural rules will therefore necessarily be linked to the subjective legal positions and special relationships that characterize sports activities, based on an understanding of sports law and the entities that administer it, which are essential for a comprehensive approach to the subject of judicial and jurisdictional protection.

The course will be divided into 5 parts, primarily covering the following topics:

Part 1: The Italian and international sports legal system; The relationship between the sports legal system and the state legal system; Entities (C.O.N.I., Federations, affiliations).

Part 2: Principles of sports justice, reservation of justice, justice constraint, arbitration clause, and membership.

Part 3: Disciplinary power; Technical rules and provisions; The sports justice system; Sports judges; Federal judges; The Prosecutor; The Sports Guarantees Board; Jurisdiction of the ordinary judge in sports matters; Administrative jurisdiction in sports matters; Arbitration.

Part 4: Sports misconduct.

Part 5: Anti-doping.

The course will include continuous practical examples and contributions from experts for each block of lessons.

Constitutional Law and Administrative Procedural Law

The learning outcomes are articulated along the following assessment criteria:

Knowledge and understanding: comprehensive knowledge and understanding of the functioning and structure of the sports justice system. The examination requires the ability to connect procedural rules (including in civil, administrative, and criminal matters) to demand a dynamic understanding of individual institutions and the process in general.

Applying knowledge: in-depth knowledge of forms of judicial and jurisdictional protection.

Making judgments: integrating knowledge and managing complexities. Students are presented with innovative judgments from practice and procedural rituals, stimulating research in specialized journals on cases and topics discussed during the lessons, using the Moodle platform (http://blended.uniurb.it).

Communication skills: clarity and precision in communication skills.

Learning skills: adequate development of learning skills. Students must demonstrate dynamic assimilation of the rules of the sports code, understanding the connections and interconnections of individual institutions and the mechanics of the procedural process.

The teaching material prepared by the lecturer in addition to recommended textbooks (such as for instance slides, lecture notes, exercises, bibliography) and communications from the lecturer specific to the course can be found inside the Moodle platform › blended.uniurb.it

Ettore Battelli, Diritto privato dello Sport, Giappichelli 2021

Teaching

In-person lecture, to the extent permitted by the current regulations in force.

Course books

Ettore Battelli, Diritto privato dello Sport, Giappichelli 2021

Assessment

Oral examination. The student must be able to precisely explain the procedural aspects, demonstrating mastery of legal language and the ability to reason through the mechanisms that structure sports justice. The oral format allows for an immediate and adequate assessment of these skills and acquired maturity.

The expected learning outcomes will be assessed, as mentioned, through an oral examination based on at least three questions. The evaluation criteria and corresponding scores are determined according to the following scale:

Less than 18/30: Insufficient level of competence. The candidate does not achieve any of the expected learning outcomes under the "knowledge and understanding" section.

18-20/30: Sufficient level of competence. The candidate achieves, in particular, the expected learning outcomes under the "knowledge and understanding" section.

21-23/30: Fully sufficient level of competence. The candidate achieves, in particular, the expected learning outcomes under the "knowledge and understanding" and "applied knowledge and understanding" sections.

24-26/30: Good level of competence. The candidate achieves, in particular, the expected learning outcomes under the "knowledge and understanding," "applied knowledge and understanding," and "judgment autonomy" sections.

27-29/30: Very good level of competence. The candidate achieves, in particular, the expected learning outcomes under the "knowledge and understanding," "applied knowledge and understanding," "judgment autonomy," and "communication skills" sections.

30-30 with honors: Excellent level of competence. The candidate fully achieves the expected learning outcomes under the "knowledge and understanding," "applied knowledge and understanding," "judgment autonomy," "communication skills," and "learning skills" sections.

Disabilità e DSA

Le studentesse e gli studenti che hanno registrato la certificazione di disabilità o la certificazione di DSA presso l'Ufficio Inclusione e diritto allo studio, possono chiedere di utilizzare le mappe concettuali (per parole chiave) durante la prova di esame.

A tal fine, è necessario inviare le mappe, due settimane prima dell’appello di esame, alla o al docente del corso, che ne verificherà la coerenza con le indicazioni delle linee guida di ateneo e potrà chiederne la modifica.

Course books

D.Lupo - M. Rossetti - A. Sirotti Gaudenzi, Il nuove codice della giustizia sportiva, Maggioli , ult. ed.

Assessment

Oral examination. The student must be able to precisely explain the procedural aspects, demonstrating mastery of legal language and the ability to reason through the mechanisms that structure sports justice. The oral format allows for an immediate and adequate assessment of these skills and acquired maturity.

The expected learning outcomes will be assessed, as mentioned, through an oral examination based on at least three questions. The evaluation criteria and corresponding scores are determined according to the following scale:

Less than 18/30: Insufficient level of competence. The candidate does not achieve any of the expected learning outcomes under the "knowledge and understanding" section.

18-20/30: Sufficient level of competence. The candidate achieves, in particular, the expected learning outcomes under the "knowledge and understanding" section.

21-23/30: Fully sufficient level of competence. The candidate achieves, in particular, the expected learning outcomes under the "knowledge and understanding" and "applied knowledge and understanding" sections.

24-26/30: Good level of competence. The candidate achieves, in particular, the expected learning outcomes under the "knowledge and understanding," "applied knowledge and understanding," and "judgment autonomy" sections.

27-29/30: Very good level of competence. The candidate achieves, in particular, the expected learning outcomes under the "knowledge and understanding," "applied knowledge and understanding," "judgment autonomy," and "communication skills" sections.

30-30 with honors: Excellent level of competence. The candidate fully achieves the expected learning outcomes under the "knowledge and understanding," "applied knowledge and understanding," "judgment autonomy," "communication skills," and "learning skills" sections.

Disabilità e DSA

Le studentesse e gli studenti che hanno registrato la certificazione di disabilità o la certificazione di DSA presso l'Ufficio Inclusione e diritto allo studio, possono chiedere di utilizzare le mappe concettuali (per parole chiave) durante la prova di esame.

A tal fine, è necessario inviare le mappe, due settimane prima dell’appello di esame, alla o al docente del corso, che ne verificherà la coerenza con le indicazioni delle linee guida di ateneo e potrà chiederne la modifica.