Published 2020-07-14
Keywords
- Tesseramento, atleti, cittadinanza, discriminazione, minori
How to Cite
This work is licensed under a Creative Commons Attribution 4.0 International License.
Abstract
The paper is concerned with the analysis of the relationship between citizenship and sport membership, in light of the restrictions on the membership of foreign athletes contained in numerous federal regulations.
Those provisions, while on the one hand are aimed at the protection of the national sports movement, on the other side risk being in conflict with some of the core values of the sporting system, first of all the principle of participation in sport by anyone in conditions of equality, as stated by art. 16 of Legislative Decree No 242 1999.
The article examines, firstly, the judicial evolution that has sanctioned the operation of a general principle of non-discrimination in the area of sport membership and, subsequently, examines two recent state laws that specifically concerned the discipline of the membership of foreign minors, and finally concludes with a series of reflections on the existence of an absolute right to membership that can be operated by the athletes against the Federations