Guido Vaciago Tuesday 11 July 2023, 10:57
TORINO – Antonio Giraudo can disassemble sports justice and the tool gave it to him the Tar which has decided to deal, through a specific subsection, with the theme proposed by the former managing director of the Juventus. Theme that, more or less, goes like this: with radiation, sports justice deprives an individual of the possibility of practicing his profession (for example that of sports manager), therefore of a personal right and in this way violating the general principle of “effective judicial protection”, guaranteed by European Union law. That is: if you inflict a sort of professional life sentence, forbidding me forever from the possibility of working, you affect my personal right, without any type of appeal to ordinary justice, other than the question of compensation.
In essence it is under attack the law 280 of 2003which regulates sports justice according to the criterion of the specificity of sport, a law that has already resisted a ruling by the Constitutional Court, which did not find it inconsistent with the Charter, but this time everything could be different because the hope of the lawyers by Giraudo, Amedeo Rosboch and Jean-Louis Dupont (yes, that of the Bosman law) is that the Tar addresses the European Court of Justice: “This law confers a disciplinary monopoly on the sports federations and prevents the TAR from annulling or reforming the decisions of the federations. It is hoped that, as a preliminary ruling, the TAR will refer the question of the incompatibility of this law with respect to the principles of law to the European Court of Justice The TAR has decided to deal, in a forthcoming hearing which will be set shortly, with this important cross-sectional issue also to other recent and well-known cases submitted to its jurisdiction”.
2023-07-11 08:57:47
#Giraudo #Juventus #dismantle #sports #justice
