The essay aims to offer an initial interpretation of the new constitutional provision introduced in the seventh paragraph of Article 33 of the Constitution in its literal and systematic scope. First, it recalls the constituent debate, the preexisting Italian discipline and that in force in the European Union and supranational law. Next, the constitutive or merely declaratory nature of Constitutional Law No. 1 of 2023 is assessed, that is, whether it creates new subjective rights and normative principles or merely makes explicit what was already in force in living law. Then the impact of the reform on the autonomy of the sports system and whether or not it creates new subjective legal positions to exercise sports, either in the form of negative freedoms or social rights, are examined. Finally, a basic question is addressed, namely whether the present revision, like the 2022 revision on the environment in Article 9 Const. is really "necessary": the question poses a problem of legislative policy on which, however, legal debate should not be lacking.
Il riconoscimento del valore costituzionale dell'attività sportiva
giuseppe marazzita
2024-01-01
Abstract
The essay aims to offer an initial interpretation of the new constitutional provision introduced in the seventh paragraph of Article 33 of the Constitution in its literal and systematic scope. First, it recalls the constituent debate, the preexisting Italian discipline and that in force in the European Union and supranational law. Next, the constitutive or merely declaratory nature of Constitutional Law No. 1 of 2023 is assessed, that is, whether it creates new subjective rights and normative principles or merely makes explicit what was already in force in living law. Then the impact of the reform on the autonomy of the sports system and whether or not it creates new subjective legal positions to exercise sports, either in the form of negative freedoms or social rights, are examined. Finally, a basic question is addressed, namely whether the present revision, like the 2022 revision on the environment in Article 9 Const. is really "necessary": the question poses a problem of legislative policy on which, however, legal debate should not be lacking.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
