La “lex sportiva” alla prova della sentenza “Superlega”: il ruolo del C.O.N.I. nel riequilibrio degli assetti

Abstract

The sport system is historically based on the totem of the autonomy of the Olympic Movement vis-à-vis individual states and supranational governmental organizations even if this has been put at risk, in recent decades, by the "mutation" brought about by the professional sector and in particular from football. In essence, it has traditionally been stated that since sport is an individual and inviolable right of the individual, pre-existing states and their laws (and of a transnational nature so much so as to have preceded the so-called globalization), it does not tolerate government interference. In short, it is a reality which, although it certainly does not have the characteristics of extraterritoriality, tends to overcome the state "dimension" by vocation and therefore to counter interference in the regulation of its organization (and activities) and in the resolution of disputes concerning its associated by state jurisdictions