95898 - Public Service and Sport Law

Learning outcomes

The course aims to provide students with the necessary tools to achieve a full preparation on the most important Public services and Sports law principles and rules. The course aims to guarantee students the acquisition of knowledge and understanding of the role of public administration in the provision of benefits to citizens, i.e. in the preparation and regulation of public services, of public utility and of general interest, in the context of which the sports sector assumes a particular importance. The individual institutes will be examined during the lessons in the light of the most recent legislation and jurisprudence. In addition to this basic preparation, the Course also aims to achieve a significant involvement of students, through in-depth lessons on the most innovative and controversial issues of the subject, in which it is possible to reconstruct the different doctrinal orientations, jurisprudential evolution and the concrete dynamics.

Course contents

A) Elements of administrative law (principles - organizational profiles - functional profiles) Principles in the field of public administration -Subjective legal positions - Public authorities in relation to private individuals - The organizing figures of the Public Administration - Public bodies - Bodies and offices of public administrations/bodies - Organic identification - The distribution of administrative activities among organizers, their bodies and offices -Types of public bodies - Types of offices and bodies - Relations between organizational figures and between organs - The history of public bodies - State Administration: Ministries - Independent Administrative Authorities - Public Administrations in private form - Local public authorities: regions and local authorities - Administrative management and direct responsibility - Act, Measure and Administrative Procedure - The administrative procedure - The timing of the conclusion of the procedure and the consequences of non-compliance - The Administrative Act - The essential and incidental elements of the articles of incorporation - The statement of reasons for administrative acts - The effectiveness of the administrative act - Defects in the administrative act - Types of administrative measures: first-instance measures with an extended effect - Measures of first instance with restrictive effect - Second-instance measures - The silence of the P.A. - Certified Notification of Commencement of Activity (SCIA) - The Services Conference - Non-authoritative acts of the Public - Administration: agreements and contracts - Transparency and access - Public goods and assets: classification and related regimes -Conditions legitimising the transfer of an asset from unavailable assets to disposable assets

B) Public service  1.The Welfare State and the evolution of public services 2. The notion of public service 2.1 The theory of public service in a subjective sense 2.2 Public service in an objective sense and in an objective-functional sense 2.3 The eclectic approach 3. European legislation and its impact on national legislation 4. Internal discipline 4.1 The reform of local authorities and Title V of the Constitution 4.2 Local public services of economic relevance and of no economic relevance 5. The regulation of public services. 6. Management models of public services 7. The reform of local public services of economic relevance (Legislative Decree 23 December 2022, n. 201) 8. Award through tender 9. Management of the public service through the “in house” model 10. Joint companies for the management of public services

C) Sports Law 1. The Legal Concept of Sport 2. The Sports System 2.1 The Relationship between State and Sports Law 2.2 Sports Preliminary Decisions 3. The Sources of Sports Law 3.1 Constitutional Sources, Especially the 2023 Constitutional Reform 3.2 The Sources of the General Legal System: The International Dimension 3.3 The Sources of the General Legal System: European Law (Especially the Case Law of the Court of Justice) 3.4 The Sources of the National Sports System 3.5 The Sources of the International Sports System. 4. The Organization of the Sports System 4.1 The International Olympic Committee (IOC) 4.2 International Sports Federations 4.3 The Italian National Olympic Committee (CONI): Nature, Organizational and Functional Profiles 4 4 Sport e Salute S.p.A 4.5 National Sports Federations (fSN) 4.6 Associated Sports Disciplines (DSA) 4.7 Sports Promotion Bodies (EpS) 5. Sports Associations 5.1 Amateur Sports Associations (ASD) and Amateur Sports Clubs (SSD) 5.2 Affiliation 5.3 Recognition for Sporting Purposes and Registration in the Register of Amateur Sports Activities (RASD) 5.4 Professional Sports Clubs 6. The Subjects of the Sports System 6.1. Athletes 6.2 Membership 6.3 The sporting restriction and its progressive abolition 6.4 Sports assistants, technicians, managers, match officials 7. Nature, construction, and management of public or private sports facilities on public land (specifically Legislative Decree no. 38/2021) 8. Doping (notes)

 

Readings/Bibliography

With regards to the "Elements of administrative law", please refer to the documentation (slides, regulatory texts and other documents) which will be published on the "Virtuale" website in parallel with the progress of the course.

With regard to the issue of "public services law", pending the adaptation of the manuals to the contents of Legislative Decree no. 201 of 23 December 2022 "Reorganization of the discipline of local public services of economic importance", please refer to the documentation (slides, regulatory texts and other documents) which will be published on the "Virtuale" website in parallel with the progress of the course

Readings

G. Caia, I servizi pubblici, in G. Caia, Diritto amministrativo a cura di L. Mazzarolli, G. Pericu, A. Romano, F.A. Roversi Monaco, F.G. Scoca (a cura di), Diritto amministrativo, vol. II, Monduzzi, Bologna 2005, pag. 131 ss.

G. Caia, Criterio di economicità e servizi pubblici locali nelle prospettive della XVIII legislatura repubblicana, in Diritto amministrativo e società civile. Vol. I Studi introduttivi, 2018, Bononia University Press, Bologna, pp. 327 ss.

M. Dugato, L’intervento pubblico per l’inclusione, la coesione, l’innovazione, la sostenibilità ed il ruolo del servizio pubblico locale nel Piano nazionale di ripresa e resilienza, in Munus, 2022, pp. 1 ss.

M. Dugato, voce Servizi pubblici locali, in Enciclopedia del diritto, I tematici, III. Funzioni amministrative, 2022, Giuffrè Francis Lefebvre, Milano, pp. 1086 ss.

Relazione illustrativa allo schema di decreto legislativo recante testo unico sui servizi pubblici locali di interesse economico generale, ai sensi dell'art. 8 della l. 5 agosto 2022, n. 118.

Relazione tecnica allo schema di decreto legislativo recante testo unico sui servizi pubblici locali di interesse economico generale, ai sensi dell'art. 8 della l. 5 agosto 2022, n. 118.

Regarding the constantly evolving topic of "sports law," the following volume is recommended among the possible texts, subject to further guidance as the manuals are updated:

A. Gandino - M. Mattalia "Diritto dello sport" CEDAM 2024, excluding chapters VIII, IX, and XI. Regarding the nature, construction, and management of public or private sports facilities on public land, please refer to the documentation (slides, regulatory texts, and other documents) that will be published on the "Virtuale" website in progression from the lectures.

Teaching methods

- frontal lesson

The course aims to provide students with the necessary tools to achieve a complete level of preparation on the most important principles and institutes of public servicece and public sports law, which also allows them to grasp the numerous practical-applicative implications. The student will learn the fundamental characteristics of the public services and sports systems, their organization and the related judicial protection.

The organization of practical exercises on specific cases is also envisaged

Assessment methods

The exam at the end of the course will be held in oral form and the evaluation will be expressed out of thirty.

The interview will focus on the topics indicated in the "Contents" section, in order to verify the students' acquisition and understanding of the notions imparted within the course and their ability to orient themselves in the subject also for the purposes of the exam and resolution of specific cases.

The student's degree of preparation will be assessed as follows:

18-19 Very limited preparation. Basic answer to questions. Not very technical exhibition.

20-23 Discreet preparation. Acceptable answer to questions. Exhibition with elements of technicality.

24-27 Good preparation. Relevant answers. Technical and appropriate exposure.

28-29 Excellent preparation. Complete answers with exact terminology. Good ability display.

30 Excellent preparation. Answers supported by complete knowledge and with very adequate terminology. Systematic display.

30 L Uncommon and excellent preparation. Very satisfying answers that denote study, in-depth culture and acquired logical ability. Reconstructive and brilliant display.

Teaching tools

During the lessons, slides and documents will be shown.

Students with learning disorders and/or temporary or permanent disabilities: please contact the office responsible (https://site.unibo.it/studenti-con-disabilita-e-dsa/en/for-students) as soon as possible so that they can propose acceptable adjustments. The request for adaptation must be submitted in advance (15 days before the exam date) to the lecturer, who will assess the appropriateness of the adjustments, taking into account the teaching objectives.

Office hours

See the website of Giacomo Santi