The paper aims to clarify how the "fair trial" principle is applicable to the entire sports justice system. In the relations between the national judge and the sporting judge, the possible violation of the principle of "fair trial" cannot lead to altering the criteria that separate the technical-sporting matter from the others that are relevant to the state system. With reference to the latter, the acceptance of a breach of the "right process" principle must be evaluated not through a formal or static reading of the procedural rules that may have been violated, but through a strict relationship between the violation and - correctness of the final decision taken.
«GIUSTO PROCESSO» SPORTIVO E TUTELA RISARCITORIA DAVANTI AL GIUDICE AMMINISTRATIVO
alberto clini
2020
Abstract
The paper aims to clarify how the "fair trial" principle is applicable to the entire sports justice system. In the relations between the national judge and the sporting judge, the possible violation of the principle of "fair trial" cannot lead to altering the criteria that separate the technical-sporting matter from the others that are relevant to the state system. With reference to the latter, the acceptance of a breach of the "right process" principle must be evaluated not through a formal or static reading of the procedural rules that may have been violated, but through a strict relationship between the violation and - correctness of the final decision taken.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
