The following comments on the very recent Law Decree adopted by the Italian Government to amend the regulatory framework of sports justice will give the chance to outline the main features of the current dispute resolution system implemented by the Italian Football Association (FIGC).
On 7 October 2018, Law Decree no. 115 of 5 October 2018 (“urgent measures in the matter of administrative justice, treasury protection and integrity of sports competitions”) entered into force.
Such Decree provides for the exclusive jurisdiction of a State Court (i.e. the TAR[1]) over all disputes involving the participation of clubs in professional sports competitions.[2]
This is not news given that, even before the introduction of Law Decree no. 115, according to Law Decree no. 220/2003 and the established jurisprudence of State Courts (see below), all decisions of sports bodies concerning the release of the license needed to participate in professional competitions were appealable before the TAR.
Before the enactment of Law Decree no. 115, however, such disputes had first to be submitted to the competence of a body of sports...
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