Here is the rejected draft on the reform of sports justice: it does not respect autonomy – Corriere.it

«Chapter II, Urgent provisions on sport». If the Art. 22 dedicated to capital gains follows the reform rumors circulated on the eve (in summary: in exchanges between players only any difference «of the consideration earned in cash» can be put into depreciation), the Art. 23 “Urgent provisions for the conduct of sporting trials”
is canceled by a stroke of a red pen: 14 lines and a word that should have been the heart of the reform of the sports justice entirely cancelled.

It was the draft of the Pa-bis decree expected for today in the Council of Ministers which was supposed, according to the drafters, to avoid the recurrence of Juve cases, that is, the modification of the standings during the season following the revision of the sentences. In essence, the central concept was that “penalties are applicable only once the sentence has become final” (but not those for non-payments of taxes and contributions).

But reforming sports justice appears to be a slightly more complex matter than much chatter from social media and even what the offices of Sports Minister Andrea Abodi had foreseen. In fact, as soon as the legislative office, the Dagl (Department of Legal and Legislative Affairs) of the Presidency of the Council analyzed the text, it cut it out. Not so much for the merits, but for an almost trivial reason: undermines the autonomy of the sporting system. It is quite incredible that it has not been considered, given that it is a basic principle (the IOC strongly sanctions any interference by the State in sport) reaffirmed by numerous pronouncements (up to the Court of Human Rights), so much so that the administrative justice as a rule it does not intervene in disciplinary sanctions. The ministry cannot rewrite the code of private justice, which binds people who have accepted it when, without being obliged, they have come together to carry out an activity.

Let’s go back to the merits: the first proposal was to start all the processes in June, but such a long wait appeared to be more dangerous than useful. Therefore, as mentioned, the decision was made to make the sentences enforceable only when they became final, therefore after the Board of Guarantee: something that would not, however, have protected them from revisions, because, as we have seen in the Juve case, the Board can always defer to the Court of Appeal. The draft (cancelled) also reads: «In order for the final judgment to be formed before the expiry of the deadline for registration in the championship following the one on which the ranking will be affected by the penalty (…) Federations and Coni are required to adjust the own regulations at the time of carrying out the processes. Failing that, the political authority provides (…)». Well, it can’t. The reform, if necessary, will be a self-reform.