El ordenamiento deportivo italiano y los instrumentos para la resolución de conflictos

The study on the methods used to resolve disputes arising in the field of sports should be carried out by considering the existence of two sets of detachments: one is the detachment of the sport’s legal system from the state’s legal system; the other, within the sport’s legal system, is the detachment of each national sports federation from its controlling body (the National Olympic Committee). In Italy, in adopting the Sports Justice Code in 2014, the National Olympic Committee has taken care to uniformly regulate the proceedings before the national sports federations’ judicial bodies, by means of measures to control their performances but, at the same time and in order to safeguard their autonomy, by ensuring (through restrictions on the possibilities to appeal before the National Olympic Committee) that their judgements are final. On the other hand, the above Sports Justice Code also aims at keeping the judgements on members’ economic relationships within the scope of the sport’s legal system; on the contrary, the national lawmakers would have kept those judgments within the scope of the state’s legal system. But this does not exclude that, at least in respect of the judgements on economic relationships, the party prevailing in the sport’s legal system is compelled to apply to the State’s Court in order to receive material relief: in the field of sports, the compulsory mediation may reduce the number of cases where the State intervention is required