LA NATURA PUBBLICISTICA DEGLI ATTI DELLA COVISOC. UNA QUESTIONE CHE RIAPRE LO SCENARIO IN TEMA DI GIUSTIZIA SPORTIVA?

Abstract

The article analyses the sentence of the Administrative Court in Rome n. 3693/2023 which accepted a claim to show a document created by the Italian Football Association, which the access had essentially been denied by Commission for financial control and supervision of the Association. The paper focuses on the nature of the sport bodies and on the nature of the acts of the Commission for financial control, which are established by the law n. 91/1981. The article also highlights the applicability of the preliminary issue ruled by art. 3 of law n. 280/2003 and investigate on the rights to access to documents gave by the law n. 241/1990. The author shows the genesis and metamorphosis of these three institutions in order to highlight some shortcomings of the sport courts, and to highlight the risks of new interferences by the State if something will be not changed by the sport system.