Clausola compromissoria e meritevolezza nel sistema della giustizia sportiva

Abstract

The sporting phenomenon is constantly evolving and this involves both substantive and procedural aspects, mainly in light of recent reforms. The work attempts to answer a complex question about the arbitration clause and its merit in the sports justice system. It starts from a general overview of the relationship between sporting phenomenon and legal system, and then to address the consequences in terms of arbitration clause. The study does not remain suspended on a theoretical level, but is completed by an empirical aspect. The reference is to the Pechstein case, whose analysis leads to the hypothesis of the same process before an Italian judge, projecting the possible solution. The comparison between the German legal system and the Italian legal system, with similarities and differences, makes it possible to advance an alternative solution to the traditional ones, relying on a key value of the European States: the person. [edited by Author]