The severity of episodes of violence among opposing fans, especially soccer teams (but not only), and between fans and police led to the enactment of a series of legislative measures, aimed at countering this violence: the s.c. “supporter card” is the latest executive instrument in order of time. These measures will be the subject of reflection, according to a perspective of general theory of law. After an examination of the s.c. "safety rules", namely the set of technical rules issued by the federation, generally intended to prevent any harm to the physical integrity of the Athletes as much of the spectators, I examine the public legal systems, where emerges a plurality of subjectivities, to which it’s possible to ascribe responsibility, creating a sort of rebound game between organizer and owner of sporting facilities, where the event takes place. To further complete this rebound of responsibility is the observation that recently in Italy the violence often isn’t consumed within the sports facilities, but began along the way, involving people that are often alien to the event, with fires, devastations and destructions of properties. Given this trend, I wonder whether it is appropriate to bring such incidents into existing case or it is more appropriate to delineate specific liability profiles: in Italy, even in the wake of an increase in such incidents, it is acted according to this second option, regulating the phenomenon with a series of rules that is not without criticalities. Here we examine in particular the provisions relating to the identification of the spectators, for which was recently ordered the enactment of s. c. “supporter card”, with Ministerial Directive on August 14th 2009.Without wanting to endorse and/or in any way justify any kind of violence, that I consider essentially alien to the spirit of competition, I can’t avoid to express doubts about the legal instrument used to introduce such a card, as well as some juridical profiles seem to be contrary to certain principles of Italian legal system.
The Italian legislative policy against violence of the fans: some considerations
DI GIANDOMENICO, Anna
2011-01-01
Abstract
The severity of episodes of violence among opposing fans, especially soccer teams (but not only), and between fans and police led to the enactment of a series of legislative measures, aimed at countering this violence: the s.c. “supporter card” is the latest executive instrument in order of time. These measures will be the subject of reflection, according to a perspective of general theory of law. After an examination of the s.c. "safety rules", namely the set of technical rules issued by the federation, generally intended to prevent any harm to the physical integrity of the Athletes as much of the spectators, I examine the public legal systems, where emerges a plurality of subjectivities, to which it’s possible to ascribe responsibility, creating a sort of rebound game between organizer and owner of sporting facilities, where the event takes place. To further complete this rebound of responsibility is the observation that recently in Italy the violence often isn’t consumed within the sports facilities, but began along the way, involving people that are often alien to the event, with fires, devastations and destructions of properties. Given this trend, I wonder whether it is appropriate to bring such incidents into existing case or it is more appropriate to delineate specific liability profiles: in Italy, even in the wake of an increase in such incidents, it is acted according to this second option, regulating the phenomenon with a series of rules that is not without criticalities. Here we examine in particular the provisions relating to the identification of the spectators, for which was recently ordered the enactment of s. c. “supporter card”, with Ministerial Directive on August 14th 2009.Without wanting to endorse and/or in any way justify any kind of violence, that I consider essentially alien to the spirit of competition, I can’t avoid to express doubts about the legal instrument used to introduce such a card, as well as some juridical profiles seem to be contrary to certain principles of Italian legal system.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
