On October 7th, a Legislative Decree came into force that, through some changes to the Administrative Procedure Code, intervenes to reform sports justice by establishing, in particular, the exclusive jurisdiction of the Lazio Regional Administrative Court for all matters relating to the admission and exclusion of sports clubs from championships; without prejudice to the possibility that the Coni and Federation Regulations provide for judicial bodies competent to judge the matter on the merits and in a single degree.
By modifying some provisions of the Administrative Procedure Code, it is expected that all the measures of admission and exclusion from professional competitions of professional companies or associations fall within the exclusive jurisdiction of the administrative justice by including, among other things, the same in the matters to which it is possible to apply the abbreviated procedure. It is also foreseen the possibility of challenging the urgent measures of the President of the TAR by proposing an urgent appeal to the Council of State if the execution of the same is capable of producing "very serious prejudice" or "irreversible damage"; as well as, in any case, the possibility for CONI to avail itself of the patronage of the State Attorney's Office. However, an exception to the exclusive jurisdiction of the Lazio Regional Administrative Court is provided for in the possibility for Sports Entities, such as CONI and all Federations, to provide in their statutes and regulations for judicial bodies competent to judge the matter on the merits and in a single degree. Finally, the Decree in question prescribes that disputes pending before the sports justice bodies having as their object the provisions indicated, can be re-proposed before the Regional Administrative Court within 30 days from the date of entry into force of the same. Penalty, inadmissibility. Within this same term, decisions of sports justice bodies published before the entry into force of the decree may also be challenged in court if the terms for appeal are still pending for them. The text of the Legislative Decree under examination implements tools aimed at improving the efficiency and functionality of administrative justice, as well as the defense of the Italian National Olympic Committee (CONI) before the administrative jurisdiction through an operation that, in fact, removes sports justice from the issues of admission and exclusion from championships of sports clubs. The aim is to reduce the number of appeals and therefore significantly shorten the times of justice.
By modifying some provisions of the Administrative Procedure Code, it is expected that all the measures of admission and exclusion from professional competitions of professional companies or associations fall within the exclusive jurisdiction of the administrative justice by including, among other things, the same in the matters to which it is possible to apply the abbreviated procedure. It is also foreseen the possibility of challenging the urgent measures of the President of the TAR by proposing an urgent appeal to the Council of State if the execution of the same is capable of producing "very serious prejudice" or "irreversible damage"; as well as, in any case, the possibility for CONI to avail itself of the patronage of the State Attorney's Office. However, an exception to the exclusive jurisdiction of the Lazio Regional Administrative Court is provided for in the possibility for Sports Entities, such as CONI and all Federations, to provide in their statutes and regulations for judicial bodies competent to judge the matter on the merits and in a single degree. Finally, the Decree in question prescribes that disputes pending before the sports justice bodies having as their object the provisions indicated, can be re-proposed before the Regional Administrative Court within 30 days from the date of entry into force of the same. Penalty, inadmissibility. Within this same term, decisions of sports justice bodies published before the entry into force of the decree may also be challenged in court if the terms for appeal are still pending for them. The text of the Legislative Decree under examination implements tools aimed at improving the efficiency and functionality of administrative justice, as well as the defense of the Italian National Olympic Committee (CONI) before the administrative jurisdiction through an operation that, in fact, removes sports justice from the issues of admission and exclusion from championships of sports clubs. The aim is to reduce the number of appeals and therefore significantly shorten the times of justice.
Ius In Itinere 
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