LA “CONDOTTA LIBERA” DELL’ILLECITO SPORTIVO DE IURE CONDENDO NELLA GIUSTIZIA SPORTIVA DELLA F.I.G.C.

Abstract

The paper aims to offer a functional contribution, and in certain respects operational, to the experts on sports law who engage in the sector’s procedural dynamics, other than a scientific in-depth analysis of substantial and procedural subjects of the present case of match-fixing, with particular reference to the F.I.G.C. sports justice system. After a brief overview of the reference regulatory framework, the article issues a view of the concrete cases which has enriched de iure condendo the set of substantial and procedural rules applicable specifically to alterations of the course or the result of a match in the football world. From the notorious “Calciopoli” trial to the recent ‘capital gains case’, which has affected the European competitions’ rankings and the top divisions in Italian football and which, although it cannot relate to a combine on the field, being a managerial and economic offense, has profoundly altered the juridical understanding of the principles of loyalty and fair play, where the economic and financial behaviors of football clubs decisively invalidate the regularity of the championships.