87639 - DIRITTO PUBBLICO DELLO SPORT

Academic Year 2020/2021

  • Docente: Giuseppe Caia
  • Credits: 9
  • SSD: IUS/10
  • Language: Italian
  • Moduli: Giuseppe Caia (Modulo 1) Alberto Morbidelli (Modulo 2)
  • Teaching Mode: Traditional lectures (Modulo 1) Traditional lectures (Modulo 2)
  • Campus: Ravenna
  • Corso: First cycle degree programme (L) in Legal Consultant in Business and Public Administration (cod. 9242)

Learning outcomes

The course aims to provide students with the necessary tools to achieve a full preparation on the most important Sports law principles and rules. The course aims to highlight the Sports law principles and aspects with particular focus on the regulations of sports activity locally and internationally, its organisational structure and its application to particular cases as well as general Sports law concepts. As to the part of the course relating to the Italian Sports law subjects and organisation, we cover the structure and competences of CONI as well as the role and functions of the sport federations. As to the Sports law dispute resolution topic, we cover the general principles, the competent bodies and the proceeding mechanism. The relevant legal concepts and rules will be analysed during the course in light of the most recent legislation and court decisions. In addition to this basic course, students are offered the unique opportunity to participate in a more intensive course while attending lectures on the most innovative and controversial Sports law topics. During these intense classes, students will be able to analyse and “re-build” different doctrinal arguments, jurisprudential development and practical application of the law

Course contents

1. The sporting system in the context of other legal systems;

2. Autonomy from the state system;

3. Relationship with international and community law;

4. CONI and the CIO;

5. The bodies of the CONI;

6. The sports federations: requirements, statutes, controls;

7. Other subjects: sports clubs, sports associations, sports promotion bodies, leagues;

8. Sports events and public safety;

9. The DASPO;

10. Jurisdictional protection in the sports sector.


Readings/Bibliography

A specific collection of teaching material will be prepared for the students of the degree course in Ravenna. The collection will be made available from September 15th at the office of the teaching center.

For deepening study

G.LIOTTA, L.SANTORI, Lezioni di diritto sportivo, Giuffrè, Milano, 2020

G.CASSANO, A.CATRICALÀ (a cura di), Diritto dello sport, Giuffrè, Milano,2019

G.VALORI, Il diritto nello sport, Giappichelli, Torino, 2016

M.S.GIANNINI, Prime osservazioni sugli ordinamenti giuridici sportivi, in Riv. dir. sport., n.1, 1949

W. CESARINI SFORZA, La teoria degli ordinamenti giuridici e il diritto sportivo, in Riv. dir. sport., 1969

M. COLUCCI, L’autonomia e la specificità dello sport nell’Unione europea, in Riv. dir. econ. sport, 2006, fasc. 2

L. FERRARA, Giustizia sportiva, in Enc. Dir., Ann., Milano, 2010

L. FERRARA, L’ordinamento sportivo: più e meno della libertà privata, in Dir. Pubbl., 2007

F. GOSIS, La giustizia sportiva tra funzione amministrativa e arbitrato, Milano, Giuffrè, 2007

P.GROSSI,Sui rapporti tra ordinamento statale e ordinamenti sportivi, in Dir.amm., fasc. 1-2, 2012, pag.3

G. MANFREDI, Il sindacato del giudice amministrativo sulle norme emanate dagli organismi sportivi, in Dir. Proc. Amm., 2008

G. MANFREDI, Osservazioni sui rapporti tra ordinamento statale e ordinamento sportivo, in Foro amm.-Tar, 2006

G. MANFREDI, Pluralità degli ordinamenti e tutela giurisdizionale, Giappichelli, Torino, 2007

F. MODUGNO, Pluralità degli ordinamenti, in Legge-Ordinamento giuridico-Pluralità degli ordinamenti, Giuffrè, Milano, 1985

M.SANINO, voce Sport, in Enc. Giur. Treccani, 1993

V. VIGORITI, Diritto comunitario e sport: applicabilità, sporting exception, trasferimenti, nazionalità, in Contr. impr./Europa, 2001 

Teaching methods

The course aims to provide students with the tools necessary to achieve a comprehensive level of preparation on the most important principles and institutions of public sports law, which also allows them to understand the many practical aspects of application. The student must be familiar with the fundamental characteristics of the sports system, its organisation and its judicial protection.

In addition to this basic preparation, the course also aims to achieve a significant involvement of students, through lectures and meetings, in order to deepen the most innovative and controversial issues of the subject, through which it is possible to rebuild, according to the topic, the different doctrinal orientations, the development in case law and the actual dynamics, thanks to the use of interactive teaching methods such as learning on demand, or the participation of students in meetings with qualified representatives of civil society.

The teaching of Public Sports Law deals with topics related to the objectives set by UNESCO in the document "Education to the Objectives for Sustainable Development".


Assessment methods

Final exam will be held in oral form and the evaluation will be expressed out in thirty. The interview will focus on the topics indicated in the "Course contents" section, in order to verify the students' acquisition of the concepts taught within the course.

The student’s degree of preparation will be evaluated as follows:

18-19 Very limiteted preparation. Basic answer to questions. Not very technical presentation

20-23 Discreet preparation. Accetable answer to questions. Exposure with elements of technicality.

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

28-29 Great preparation. Complete answers with exact terminology. Good ability exposure.

30 Excellent preparation. Answers supported by complete knowledge and with very appropriate terminology. Systematic exposure.

30 L Uncommon and excellent preparation. Very satisfying answers that denote study, indepth culture and acquired logical ability. Reconstructive and brillant exposure.

The final exam registration can only be made on-line on the University of Bologna web application


Teaching tools

In order to make study and investigation of the issues discussed during lectures and seminars more complete, additional teaching materials, in addition to the texts indicated above, will be given to students. This material will also be made available to students, on the Professor’s website: http://www.unibo.it/docenti/giuseppe.caia and in the section of this page dedicated to educational materials.

Students with disability or specific learning disabilities (DSA) will be able to communicate their needs to the teacher to find the best solutions.


Office hours

See the website of Giuseppe Caia

See the website of Alberto Morbidelli

SDGs

Industry, innovation and infrastructure Peace, justice and strong institutions Partnerships for the goals

This teaching activity contributes to the achievement of the Sustainable Development Goals of the UN 2030 Agenda.