Università del Salento: ESE - Salento University Publishing
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The right to take part in sport as a segment of the right to take part in cultural life. Principi e valori dello sport olimpico a margine della decisione di riammissione degli atleti russi e bielorussi alle Olimpiadi di Parigi del 2024
Get PDFThe article argues that participation in sport constitutes a specific projection of the broader fundamental right to take part in cultural life and should be interpreted and protected accordingly within the Olympic legal order. Framing the Olympic Charter as a "basic instrument of a constitutional nature" of the transnational lex sportiva, it takes the IOC's decision on the readmission of Russian and Belarusian athletes as illustrative of a general principle: Rule 6 confirms that competitions are between athletes, not States, while the UN Special Rapporteur on cultural rights reads the cultural-rights framework as precluding blanket exclusions based on nationality absent individualized wrongdoing. This "athlete-centred" ratio requires a coherent construction of political neutrality (Fundamental Principle of Olympism 5) and a calibrated application of Rule 50 that safeguard value-consistent expression (peace, non-discrimination, inclusion). The argument is tested against illustrative cases across multiple jurisdictions – inter alia, Algeria, Iran, Belarus, China – to expose recurrent enforcement gaps tied to domestic leverage over National Olympic Committees. The article closes with concise reform pointers aimed at ensuring coherent, athlete-centred, and non-discriminatory application of the Charter
Il modello sportivo europeo in cerca d'autore
Get PDFThe article investigates whether a distinctive "European model of sport" truly exists and, if so, what practical and legal content it entails. It reconstructs the model's genealogy from the EU initiatives of the late 1990s, through the introduction of Article 165 TFEU, up to the recent "revival" of the model following the European Super League affair, in which it proved functional to defending the status quo, grounded in the pyramidal structure of European sport, the central role of federations, and a preference for open competitions. The notion of a "European model of sport" is then re-examined by surveying the national contexts of Italy, France, Germany, and the United Kingdom, highlighting differences among national sports-governance systems, any points of convergence emerging from recent reforms, and, finally, considering a possible reframing of the concept that is less rhetorical and nebulous yet more useful
I Modelli Organizzativi e di Controllo (MOC) nel sistema di safeguarding nello sport
Get PDFThis paper analyzes the Organizational and Control Model (MOC) envisaged by the safeguarding system introduced in Italy by Legislative Decree No. 39 of 2021 as a fundamental tool for preventing abuse, violence, and discrimination in sport. The analysis examines the relevant regulatory framework, the guidelines issued by CONI (the Italian National Olympic Committee), and the implementation of the models required to adapt to the specific circumstances of individual sports organizations, highlighting how this instrument is not merely a formal compliance requirement but a concrete opportunity to promote a culture of respect and the protection of human dignity in sport. The paper also explores the role of the safeguarding officer and the liability implications for sports organizations, underscoring the importance of ongoing training and the periodic updating of the models to ensure the effectiveness of the prevention system
Un primo regesto complessivo dei collaboratori del Tommaseo-Bellini (e qualche scioglimento di sigle bibliografiche)
Get PDFThe aim of this study is to contribute to the reading of the TB in reference to the interpretation of the acronyms that indicate the collaborators to the work. These are the acronyms indicated in square brackets, which were identified thanks to the digitalization of the text. In this way, it was possible to give an account of the contributions of individuals to the work, identifying for each collaborator the main role and the individual lexical specificities. Together, some typographical inconsistencies are given: some of the acronyms in square brackets do not indicate collaborators, but texts used as sources in the body of the TB. This has also allowed us to start the work of updating the bibliographical acronyms themselves
