Considerations on comparison, transnational law and lex sportiva

Abstract

This article intends to analyze the level of autonomy of the supranational sports rules compared to other systems of rules, and taking into consideration three cases that have aroused a great debate in practice: the prohibition of advertising promotion of tobacco products and similar in sports events, the problem of audiovisual rights in relation to sports events and the case of the so – called Third Party Ownership in the relationship between FIFA rules and the European Union regulations on competition matters. In some cases, such as in the conflict between UEFA and FIFA, on the one hand, and the European Union, on the other, on the management of television rights in sports, the jurisprudence of the European Court of Justice has intervened to resolve the conflict. In other cases, we want to emphasize how the conflict actually arises only as potential or apparent if you adopt an approach that respects the specific areas of the different systems of norms.