FLASH
Shkruar nga Pamfleti
The idea presented yesterday by the Advocate General of the Court of Justice of the European Union, Dean Spilman, has sensationally reopened the issue of the capital gains scandal involving former Juventus executives.
At the center of the debate are the two-year suspensions imposed on Andrea Agnelli and Mauricio Arrivabene, but the potential consequences go far beyond individual sanctions, affecting the very balance between the autonomy of sport and the protection of fundamental rights guaranteed by the EU.
In his analysis, Spilman addressed the compatibility of sporting sanctions with European rules on free movement and competition. According to him, a two-year ban from professional football is not in itself contrary to European Union law, as long as the measure is justified by the need to protect the integrity of the competition. However, this legitimacy depends on the respect of clear, objective, non-discriminatory and proportionate criteria, as well as on the transparency and fairness of the disciplinary process.
The most delicate point of the opinion relates to the role of the state judiciary. Currently, the Italian system of sports justice limits the intervention of administrative courts, not allowing them to suspend or annul disciplinary sanctions, but only to award financial damages. According to the Advocate General, this limitation is contrary to European law and violates the right to effective judicial protection.
Essentially, Spilman argues that the autonomy of sport cannot override fundamental rights, such as the right to employment. If a sanction is found to be unlawful, a national judge should have the real power to overturn it and not just compensate for the economic consequences.
Although the Advocate General's opinion is not binding, the EU Court of Justice often follows this line in final decisions. The ruling is expected within three to six months and, if it confirms this approach, could open up a new scenario with profound consequences for the sports justice system in Italy, giving Agnelli and Arrivabene a strong legal tool to challenge the sanctions and forcing a review of the relationship between sports and state courts.
Lini një Përgjigje