The new regulation, which came into force in the 2014-15 season, is aimed at establishing bodies and introducing rules that can guarantee more functional justice that is in step with the times.
Briefly examining the merits of the reform, the following essential points are highlighted:
1. Diversity of organs and procedures. The so-called “double track” principle
1) Each federation must equip itself with local and national Sports Judges, competent to decide on the regularity of the competitions.
The sports judges decide without the participation of interested parties in the meeting but in the guarantee of cross-examination through the right to file defense briefs.
The decisions adopted can be appealed before the Sports Court of Appeal.
2) In parallel to the sports judges, the Federal Court, a body of first instance, and the Federal Court of Appeal, a body of second instance, with the competence to decide on referrals from the Federal Prosecutor's Office and therefore on disciplinary actions, are established in each Federation. The new Code of Sports Justice gives the aforementioned bodies the power to decide on proceedings to challenge resolutions of the Assembly and the Federal Council deemed to be contrary to the law.
2. Expansion of procedural tools
The introduction of the possibility of plea bargaining and the possibility given to the Federations to adopt precautionary measures are significant of the desire to bring the sporting process as close as possible to that of ordinary justice. An important expansion of the right of defence is constituted by the fact that the cross-examination before the Federal Judges must always be extended to those "third party" but interested companies. Finally, to make proceedings more streamlined, the institution of reckless litigation was introduced to discourage the use of instrumental disputes.
3. Free legal aid and public defenders
The ever closer approach of the sporting trial to the ordinary one has strengthened the need for clubs and members to make use of legal professionals. For this reason, the establishment of the free legal aid office was envisaged, as well as the creation of the list of public defenders.
4. Disciplinary action by the Prosecutor's Office
Without prejudice to the ownership of disciplinary action by the Prosecutor's Office, the General Prosecutor's Office for Sport was established at CONI.
This body exercises the function of supervision and control and can, in the event of delay in concrete initiatives by the Federal Prosecutor's Office, take over the handling of the proceedings.
As in criminal trials, the deadline for extending investigations is foreseen for the individual Federal Prosecutor's Offices.
Lastly, the art. 38 of the new sports code, establishes the maximum deadline for the definition of the proceedings where it expressly provides that "the deadline for the pronouncement of the first degree decision is 90 days... and of the second degree decision is 60 days from the date of proposition of the complaint".
In the event of failure to comply with the aforementioned deadlines, the disciplinary proceedings are terminated unless the accused expresses the will to continue.
Palermo, March 29th 2016.
Avv. Giovanni Babino
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