Lo sport alla ricerca di un giudice. Considerazioni sui rapporti tra ordinamento generale e ordinamento sportivo a partire dal d.l. 5 ottobre 2018, n. 115

The essay concerns the relationship between the Italian legal system and the Italian sport ‘para-legal’ system, starting from the approval of the Law-Decree October 5, 2018, n. 118. The last summer Italian football suffered a serious crisis due to the malfunctioning of the ‘replenishment system’, which was supposed to face the shortage of Serie B championship, caused by the failure of some teams. The LawDecree n. 118/2018 cancelled the jurisdiction of sport judges over all disputes related to the registration for professional football leagues, giving it to state administrative courts. The Italian Parliament did not approve the Law saving the effectiveness of the Law-Decree October 5, 2018, n. 118. As a result, the relationship between the sport system and the state system turned into the same relationship existing before the fifth of October. After a few weeks, anyway, the Parliament passed the budget law, with the content of the Law-Decree October 5, 2018, n. 118. The essay deals with all the consequences, in terms of constitutional legality, that derive from this affair; in particular, the paper assumes that the responsibility for the 2018 summer Italian football crisis should not be attributed to the sport justice system but to the system of sport rules, that was unclear.