Legal System and Sports System: Two in One?

by Antonio Panichella

This paper explores the relationship between sports justice and state justice. It focuses on the judgment of the Constitutional Court no 160 of 2019, which declared that Art 2 para 1, letter b) and para 2 of decreto legge 19 August 2003, no 220 on sports justice was not unlawful. Art 2 does not allow an appeal to the state judge for disputes concerning technical and disciplinary sports sanctions; the state judge can only decide on compensation for damages.
In this decision the monist and pluralist theories of the legal system are highlighted; through their analysis we want to reach the conclusion of the necessary unity of the legal system, as also the technical and disciplinary provisions of the sports legal order can damage the fundamental rights of the person, and thus determine a protection request before the state judge.

DOI 10.23815/2421-2156.ITALJ           ISSN 2421-2156

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