The overlap between Italian state legal system and sports legal system. The 2023 Juventus FC case

The paper would like to deepen the legal issues caused by the overlap of competence between Italian state legal system and sports legal system. Legal critical issues that persist despite the division of juridical competence between the two legal orders made under Law 17 October 2003, n. 280 The analysis of such legal issues begins by outlining the distinctive features of sports legal systems and of the state legal order; then, there will be a brief resuming of law 280/2003 provisions; finally, the analysis of 2023 Juventus FC case will highlight some legal issues not solved by law 280/2003. The analysis of the last Juventus FC case reveals how the strict discipline put in place by the FIGC with regard to the economic management of clubs can generate a kind of regulatory short-circuit. On the one hand, in fact, there is a precise competence of the state to regulate economic issues; on the other hand, there is the claim by sports legal system to also regulate the economic management sphere, recognising how an incorrect management could alter the competitive balance and, therefore, constitute a genuine sports offence, or rather a sports fraud. Which of them prevails? The state legal system with its significantly slower jurisdictional times? Or sports legal systems, certainly faster, but lacking its own means of acquiring evidence? The deepening of such legal issues could lead at suggesting amendments of state and sports rules, as well as at improving a coordination between the two legal orders, especially in those matters, governed by both legal systems