Sport and Legal Systems: Tensions and Trends in Living Law in a Multilateral Perspective
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Abstract
The author deals with the theme of sport and law as a many-sided relation, taking as his starting point the construction of M.S. Giannini, who identifies the sports system as an original, particular legal system, provided with uniformity and effectiveness, autonomous and with an international nature. In particular, the work tackles two themes: the first consists of the pressure of the State system on the sports system and takes into consideration the so-called binding force of sports justice analysed and treated in terms of both 'reserve' and 'prejudiciality'; the second consists of the pressure of the EU system on the sports system, a topic that is developed as a profile of the right of competition between the specificity of sport and contractual freedom.