SPORTS LAW
Instructional goals
Firstly, the Course is aimed at studying Sports Law and in particular the different fields of the same (as interdisciplinary subject matter), through the analysis of the relevant regulations and main recent cases-law of Sports Administrative Law, Sports Employment Law, European Sports Law, as well as Civil Law, Commercial Law and Crime Law. In addition, the Course intends to provide students with a realistic perspective on Sports career opportunities, not only as lawyers, but also as Sports Law managers. On this basis, at the end of the Course, the most deserving students will be awarded with internship programs in Law Firms (focusing on Sports Law), Sports Institutions, Sport Clubs and Sports Agents.
Intended learning outcomes
Knowledge and understanding: the student – through course attendance and practical activities – will gain full knowledge of the general categories of Sports Law and concepts of the Sports Law code, also in the light of the supranational regulatory framework. At the end of the course there will be an oral exam.
Applying knowledge and understanding: The student, by learning the theory and the appropriate legal method, will be able to interpret and apply, also to cases, principles and concepts of Sports Law. The student will be able to compare these principles with those established at the supranational level [.] At the end of the course, an oral exam will take place [.]
Making judgements: The student, by making use of the appropriate methods learned during the course, will be able to collect data and materials to analyse the relevant provisions, case law as well as scholars’ approaches related to Sports Law. The student will gain the ability to evaluate such data independently and to make critical judgements on their application to practical cases.
Communication skills: At the end of the course the student will be able to use the legal and technical vocabulary of Sports Law, addressing the legal issues at hand with terminological accuracy. Through the various activities that will take place during the course – lessons with discussion, oral exams, moot courts, workshops – the student will be able to put these communication skills into practice in various contexts, by adapting the terms used to the interlocutor in the specific case, thus gaining advanced rhetorical skills necessary for his/her professional career.
Learning skills: the technical and legal knowledge gained during the course will allow the student to independently understand and interpret regulatory changes, new case law and scholars’ approaches related to Sports Law. The student will develop a solid knowledge of the fundamental aspects of the matter that will allow him/her to carry on also independently further study as well as to undertake different postgraduate training activities.
Course Contents
The Course offers both educational and professional contents:
1) Educational contents: relationship between organization of sports, the State and the European Union, and also between their regulations and the different justice systems; analysis of international and national sports law system; analysis of the evolution of the relationship between clubs and sport professionals; sports employment law and European and Italian case-law; the "White Paper on Sport"; civil and criminal liability in sports; doping; sponsorship; TV rights.
2) Professional content: practical Teacher-Students meetings, aimed at stimulate the interest of student with regard to prospective work opportunities in sports:
A) as Sports Law Lawyers (through several case-law classes, with simulations of court proceedings relevant to real Sports justice cases-law, where students are required to act as Lawyers of the parties and carry out the relevant debates, explaining the arguments of the parties, or to act as Judges, making the relevant decisions and explaining the motivation); or
B) as Sports Managers (through several classes held by Sports Managers, Managers of Sports Federations or Clubs, as well as by The chairman of the Italian Olympic Committee (CONI) Giovanni Malagò, as teaching staff; these ones shall be practical classes aimed at bringing to students concrete experience of top Italian Sports Managers.
Reference Books
“Diritto dello Sport” (Lubrano - Musumarra).
Teaching Methods
1) Discussion between student and teacher.
2) Court proceeding simulation.
3) Classes held by Sports Managers.
Assessment Method
During the oral exam the student will be required to show that he/she knows and understands notions and principles of Sports Law and that he/she is able to apply them to practical cases. The student is expected to be able to independently analyse sources and relevant theories of Sports Law and to use the appropriate technical and legal vocabulary, thus proving that he/she has acquired the study method and the learning ability for carrying on, also independently, further study of the matter.
The following evaluation criteria will be taken into account to assign the final grade, expressed in thirtieths: - knowledge and understanding of the notions and principles of the matter and ability to apply them to concrete cases (65%); appropriate use of the technical and legal vocabulary, ability to analyse and evaluate relevant sources and acquisition of the study method (35%).
Learning gaps concerning one or more notions or principles will lead to an insufficient evaluation, even in presence of a basic knowledge of the matter.
Thesis assignment criteria
Relevant and current issue in the sports law
Week 1
Introduction to Sports Law and sports legal systems (“Diritto dello Sport” - first part).
Week 2
Relationships between sport legal system and State and EU legal system; law no. 280/2003 (“Diritto dello Sport” – first and second part).
Week 3
Cases-law analysis - court proceeding simulation.
Week 4
Cases-law analysis - court proceeding simulation.
Week 5
Sports Employment Law: relationships between clubs and sport professionals; law no. 91/1981 (“Diritto dello Sport” – third part).
Week 6
Civil and criminal liability in sports; doping (“Diritto dello Sport” – fourth part).
Week 7
Sponsorship and TV rights (“Diritto dello Sport” – fifth part).
Week 8
Cases-law analysis - court proceeding simulation.
Week 9
Classes held by Sports Managers.
Week 10
Incontri con Manager e Dirigenti nello Sport.
Week 11
Incontri con Manager e Dirigenti nello Sport.
Week 12
Classes held by Sports Managers. Final discussions with Students.