Vol. 3 No. 01 (2022)
Articoli

Sport contract: extension of the institute’s applicability and afflictive capacity in sports disciplinary procedures

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  • Giuseppe Calò
Giuseppe Calò
Avvocato nel Foro di Terni
DOI: https://doi.org/10.30682/disp0301f

Published 2022-06-24

Keywords

  • Sporting constraint, Advertising, Alternative sporting events, Disciplinary procedure, Freedom of speech

How to Cite

Calò, Giuseppe. 2022. “Sport Contract: Extension of the institute’s Applicability and Afflictive Capacity in Sports Disciplinary Procedures”. Diritto Dello Sport 3 (01). https://doi.org/10.30682/disp0301f.
Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.

Abstract

The direct contact of athletes or athletes in order to co-opt their performance towards their association is not the only behaviour that can be claimed as a “violation of the sporting constraint”. There are others behaviur that can be the subject of disciplinary proceedings, although if they are acted in generic way and without illegal intentions, such as the presentation of a simple educational and sports project in the neighboring territorial context.
The decision traces a limit to the application potential of the institute. There is violation of the duties of fair when there is freedom of speech and a competitions is planned without intentions of illicit co-optation, and the event is projected, in a general and indeterminate way.

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