Antonio Di Marco | University "Magna Graecia" of Catanzaro (original) (raw)
Books by Antonio Di Marco
In collana “Studi di Diritto dell’Unione Europea”, Editoriale scientifica, Napoli, 2018
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In collana di “studi comunitari jus gentium europaeum”, Editoriale scientifica, Napoli, 2017
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Papers in refereed journals by Antonio Di Marco
Sports and Human Rights, 2024
Considering its extraordinary capacity to be a vehicle of rights, and to give meaning to reality,... more Considering its extraordinary capacity to be a vehicle of rights, and to
give meaning to reality, sport is among the most important trivial subjects in the world. Discriminated groups, which are denied (or substantially limited) access to the practice of sport, demand not only their right to participate in sporting activities but also the recognition of this claim as valid by society and public authorities. This chapter proposes the idea that expanding the catalogue of human rights, by including the right to sport, is supported by the existing body of international human rights law. It would reinforce the protection of human rights in sporting contexts by enhancing the unity of fragmented claims founded on a plurality of legal instruments. Taking into consideration the thesis that inclusive and non-discriminatory access to sporting activities would be an amalgamation of several treaty-based rights,
the legal foundations of the right to sport are explained and evaluated. By verifying the legal relationship between access to sporting activities and sport’s social functions, the beneficiaries of such a right are investigated, and the obligations for national and sporting authorities are explored. By arguing that the right to pursue personal development would play a central role, while the right to health and education would be complementary, this chapter strives to answer the essential ethical question of why the trivial participation in sport should be considered an inherent right of the human being, cutting through the considerable confusion surrounding the right to sport.
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Quaderni AISDUE, 2024
Il presente studio esplora l’emergente nozione di autonomia strategica verde, interrogandosi sull... more Il presente studio esplora l’emergente nozione di autonomia strategica verde, interrogandosi sulle sue potenziali implicazioni giuridiche per le competenze delle istituzioni europee. Prendendo in analisi gli atti e le misure adottate in seguito all’aggressione della Russia all’Ucraina, si avanza l’idea di un’estensione del campo di applicazione delle competenze ambientali. Tale ipotesi è esaminata alla luce della dimensione esterna dell’azione ambientale dell’Unione e sulla base delle competenze stabilite nel quadro giuridico dei cosiddetti regimi di governance ambientale. L’obiettivo è verificare se la coniugazione degli obiettivi ambientali attraverso il prisma dell’autonomia strategica sia una mera formula di sintesi politica che non introduce sviluppi giuridici significativi o, al contrario, rappresenti lo sviluppo di un obiettivo comune che rafforza la capacità di azione dell’Unione.
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Netherlands Quarterly of Human Rights, 2023
This study argues that the Union maintains a double standard on working conditions in relation to... more This study argues that the Union maintains a double standard on working conditions in relation to the criteria established at international level, which allows to tolerate situations of labour exploitation as ‘unserious’ ‘proportionated’ or ‘normal’ phenomena. By analysing the gaps in the protection of the right to fair and just working conditions, the idea that an upward convergence of workers’ rights would be supported (and required) by the general duty to protect human dignity and to ensure fair competition in the Single Market is advanced. The relationship between these
fundamental principles in the implementation of the right to fair and just working conditions is examined through the notion of ‘social market economy’. The aim is to illustrate what kind of measures could (or should) be taken to integrate the protection of human rights and market efficiency,
and whether in practice there seems to be an articulation between these fundamental principles or, on the contrary, an insurmountable contradiction.
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Maastricht Journal of European and Comparative Law, 2023
Water is generally indicated as a public good that is essential for life. Within the Union water ... more Water is generally indicated as a public good that is essential for life. Within the Union water law, this emphatic quali!cation appears as a generic political declaration linked to the uncertain recognition of the right to water. By analysing the common private and public interests, this study argues that the restricted territorial sovereignty’s theory, widely accepted for transboundary water resources, should be applied to all water resources. Water would be a shared European public good, subject to a sui generis community of property regime limiting the sovereignty of Member States over their water resources. By investigating the coherence of this community of property regime with the principle of neutrality enshrined in Article 345 TFEU, the essay suggests that the regulation of the water services would be drawn into the scope of the Treaties because of their instrumental nature in guaranteeing the exercise of fundamental rights, the social cohesion of the Union and the protection of a common public good. The idea is put forward that water services would be an emblematic case of European public services, understood as a specific development of the concept of service of general economic interest, instrumental to the implementation of the European model of society.
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Utilities Policy, 2023
The current global water crisis is seriously challenging the water management, requiring an exten... more The current global water crisis is seriously challenging the water management, requiring an extensive sweeping adaptation for consumption and production patterns. Several international organisations recommend addressing water crisis through effective participatory practices. Taking into account the notion of environmental democracy and the legal implications of the right to water, this paper questions the public participation in the water services management in the European Union. Supervisor entities' cases are examined, and the idea of a participatory comanagement model is proposed. The aim is to clarify the legal foundations of water democracy, by suggesting possible solutions to support an increased public engagement. (IPCC, 2020). Furthermore, water crisis has been evaluated as a key driver of the risks to the global economy in the last ten annual Global risks reporters of the World Economic Forum (WEF) (WEF, 2022). 3 Founded in 1996 and based in Marseille, the WWC brings together international organisations, governments, the private sector, local authorities and civil society. Every three years it organises the most important international 'water congress', known as the World Water Forum.
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Human Rights Law Review, 2023
This study argues that theMinimumWages Directive reveals a shift in the Union’s political-economi... more This study argues that theMinimumWages Directive reveals a shift in the Union’s political-economic approach to the social competition in the Single Market, which introduces a creeping extension of the Treaty’s scope and a potential enlargement of the Union’s competences on social matters. While
representing a timid starting point for the right to a minimum wage protection, it recognises that the dumping wages phenomena are partly triggered by an (unresolved) structural legal vacuum. By analysing the instrumental function of the fair remuneration towards human dignity, the idea of the right to fair and just working conditions as an open scoped right is advanced; the thesis of a general Union competence on working conditions is finally proposed. The aim is to illustrate what limits and
perspectives the European upward social convergence is currently facing, and to what extent theUnion is not necessarily a mere reflection of market completion interests.
Bookmarks Related papers MentionsView impact
Eunomia. Rivista di studi su pace e diritti umani, 2023
Sporting organisations are important economic, social and political actors whose activities and r... more Sporting organisations are important economic, social and political actors whose activities and rules can conflict with the general political and legal framework, by creating what could be defined as sporting antinomies. The attempt by the public authorities to resolve and reconcile these antinomies is confronted with the international and universal vocation of sporting activities and the fragmentation of the international response to the sporting issues, which have determined an evident institutional aporia. This study analyses the duty of cooperation between international sporting and public authorities, understood as a prerequisite and essential basis for resolving sporting antinomies. By identifying the cardinal responsibilities of sporting and public authorities at the international and regional levels, the aim is to show the fundamental legal implications of the need for co-ordination between different legal systems, and how such co-ordination could be effectively implemented in order to manage and avoid legal conflicts, while preserving the autonomy of sport and its social function.
Bookmarks Related papers MentionsView impact
Netherland Quarterly of Human Rights, 2022
The promotion of the Olympic ideals is strongly correlated with the effective protection of human... more The promotion of the Olympic ideals is strongly correlated with the effective protection of human rights in the sporting context. However, countless practical examples of violations of athletes’ human rights have shown how the link between sport and human rights is continuously placed under strong pressure. Taking into consideration the thesis according to which human
rights are an indirect legal source of the lex sportiva, this study analyses the gaps in the protection of the fundamental rights of athletes. By verifying the potential effects on the sporting juridical bodies’ competences and on the effective implications in sporting affairs for the European Court of Human Rights, the hypothesis of an emerging incorporation of human rights in sports legal orders will also be investigated. At the end of these pages, by identifying the limits and perspectives of the judicial protection of athletes’ human rights, we should also be able to evaluate if, and to what extent, a reform of sport justice bodies is urgently needed in order to guarantee the
function of sport as an instrument of peace and sustainable development, vehicle of rights, and source of social inclusion.
Bookmarks Related papers MentionsView impact
Maastricht Journal of European and Comparative Law, 2022
Water management has an important role to play in the circular economy transition, through the wa... more Water management has an important role to play in the circular economy transition, through the water treatment and reuse. Its optimal and coherent regulation is also of vital common interest, since water knows no borders or lines artificially set out by the States and the dramatic overconsumption and pollution of freshwater are threatening irreparable damage to the world’s ecosystems.
However, States are reluctant to common regulations, which would have important economic impacts. International and regional organizations face with the fundamental principle of permanent sovereignty of States over natural resources. By analysing the European environmental
competence, this study examines the role of Union water law in green economic transition. By investigating the interdependent relationships between the several elements of the water management, the essay suggests that territory use and economic town and country planning
would be drawn into the scope of Treaties because of the integrated nature of water services. The case of water reuse illustrates limits and perspectives of the European objective to promote rational utilization of natural resources and combat climate change, introducing the idea according to which freshwater is a European res communis on which the sovereign right of European Union Member States over their own natural resources could be lawfully limited.
Bookmarks Related papers MentionsView impact
European Business Law Review, 2021
This research studies the impact of the growth of the sports economy on the limitation of the aut... more This research studies the impact of the growth of the sports economy on the limitation of the autonomy of sports organisations, taking into account the driving role of the sovereign power of public orders to fight against corruption. It illustrates the idea according to which the economic governance of sport is based on the specific governance of the International Sports Movement and it verifies how and to what extent the public orders are affecting the regulatory autonomy of sport’s transnational legal orders. The study analyses, firstly, the legal status of the sporting organisations, arguing that the fundamental operational and organisational requirements of sporting organisations have international sources and transnational effects. Secondly, it considers the economic competences of sporting organisations, detecting the limits of sport autonomy due to the exercise of economic activities. Thirdly, it points up the international convergences on managerial transparency and some examples of national and international monitoring of economic activities in sporting organisations, delineating the emergence of a specific international legal framework for economic sports governance. The analysis, finally, identifies the limits of the recent developments at international level, exposing the potential role of the European authorities and the legitimate ways to justify the international limitation of the autonomy of sport.
Bookmarks Related papers MentionsView impact
Human Rights Law Review, 2021
Athletes are not just sports people; they are certainly among the most prominent figures of their... more Athletes are not just sports people; they are certainly among the most prominent figures of their present time, playing an important role in shaping opinions with their power to inspire. For this very reason, athletes’ freedom of expression is strongly limited by the sport authorities in light of the fundamental principle of sport neutrality. This study analyses and questions the traditional constraints to athletes’ free speech by taking into
consideration the role of human rights in sports legal order and in sporting affairs. By assuming an emerging relativization of sport political neutrality, the essay investigates the case-law concerning athletes’ freedom of expression identifying limits and perspectives of the current evolutions on athletes’ public statements, establishing to what extent a reform
of the present sporting regulation on freedom of expression is needed.
Bookmarks Related papers MentionsView impact
Maastricht Journal of European and Comparative Law, 2020
This essay focuses on the relation between amateur sport and Union citizenship, analysing the rec... more This essay focuses on the relation between amateur sport and Union citizenship, analysing the recent Biffi ruling of the European Court of Justice. It examines the opinion of the Advocate General and the Judgment of the ECJ, starting from the established case-law according to which
sport is subject to EU law insofar as it constitutes an economic activity. Taking into account the possible application of the Treaty in light of the indirect impact on economic activities of the amateur athlete, the study analyses the legal implications of Article 165 TFUE considering the social
function of sport. Finally, the paper illustrates to what extent the Biffi case represents a simple clarification of the existing legal relationship, a coherent case-law development, or another seismic ECJ ruling on sport.
Bookmarks Related papers MentionsView impact
European Journal of Comparative Law and Governance, 2020
This research studies the management of conflicts of interest in sporting context, trough a compa... more This research studies the management of conflicts of interest in sporting context, trough a comparative analysis of the current wave of reforms at national and international level. It suggests that the notion of conflict of interests in sport is wholly specific and it requires particular remedies, illustrating potential convergences with the public and private governance practices. Firstly, the paper identifies the endemic conflicts of interest due to the specific pyramid structure of sports movement, and the individual conflicts of interest that could occur in sporting organisations. Secondly, it detects the solution foreseen by the European authorities and the recent reforms concerning the sporting organizations adopted at national and international level. The study shows the elements that characterize conflicts of interest in sporting context, identifying convergences, limits, and the specific solutions suggested by the ethical and social function of sport.
Bookmarks Related papers MentionsView impact
Europe des droits et libertés / Europe of Rights and Liberties, 2020
This essay focuses on the prohibition of entering into territorial waters for boats involved in t... more This essay focuses on the prohibition of entering into territorial waters for
boats involved in the rescue of persons in distress at sea. In particular, it analyses the possibility of prohibiting the entry of humanitarian boats operating in Central Mediterranean, as envisaged by the Italian decree-law sicurezza bis. The study first analyses the international dispositions on which the entry ban into territorial waters is based. Secondly, it detects the humanitarian obligations to which the entry ban must be confronted, verifying their balancing in the practical cases of the humanitarian boats operating in the Central Mediterranean.
Bookmarks Related papers MentionsView impact
The International Sport Law Journal, 2019
This research takes into account recent reforms concerning the sporting organisations and examine... more This research takes into account recent reforms concerning the sporting organisations and examines their internal democratic structure. In the first place, it addresses the international convergences on the elections of the governing bodies, analysing the issue of the eligibility criteria and the fundamental elements of the internal control system. Secondly, it examines the coherence of the ‘external’ control of the sporting organisations with the principle of the autonomy of sport, investigating the implications of the general principle of cooperation and transparency. The study illustrates what idea of democracy is emerging from the metamorphosis of sporting organisations at national and international level, introducing some interpretations of the juridical nature of the sport legal order.
Bookmarks Related papers MentionsView impact
In C. HAGUENAU-MOIZARD, Les réformes du droit d’asile dans l’Union européenne, Presses Universitaires de Strasbourg, Strasbourg, 2019
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Revue juridique de l’environnement, 2018
This essay focuses on the role of the renewable energy communities in the current energy transiti... more This essay focuses on the role of the renewable energy communities in the current energy transition of the European Union. The study analyses, firstly, the essential elements of the renewable energy communities, detecting the legal regulation of companies and technologies on which they are based. Secondly, it verifies the role of the renewable energy communities in the fulfillment of the European energy law obligations, focusing on the infrastructural reconversion and the involvement of public authorities, citizens and consumers. The importance of the renewable energy communities is illustrated, finally, by the Italian model of « cooperatives of community ».
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Revue de droit international et de droit comparé, 2017
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In collana “Studi di Diritto dell’Unione Europea”, Editoriale scientifica, Napoli, 2018
Bookmarks Related papers MentionsView impact
In collana di “studi comunitari jus gentium europaeum”, Editoriale scientifica, Napoli, 2017
Bookmarks Related papers MentionsView impact
Sports and Human Rights, 2024
Considering its extraordinary capacity to be a vehicle of rights, and to give meaning to reality,... more Considering its extraordinary capacity to be a vehicle of rights, and to
give meaning to reality, sport is among the most important trivial subjects in the world. Discriminated groups, which are denied (or substantially limited) access to the practice of sport, demand not only their right to participate in sporting activities but also the recognition of this claim as valid by society and public authorities. This chapter proposes the idea that expanding the catalogue of human rights, by including the right to sport, is supported by the existing body of international human rights law. It would reinforce the protection of human rights in sporting contexts by enhancing the unity of fragmented claims founded on a plurality of legal instruments. Taking into consideration the thesis that inclusive and non-discriminatory access to sporting activities would be an amalgamation of several treaty-based rights,
the legal foundations of the right to sport are explained and evaluated. By verifying the legal relationship between access to sporting activities and sport’s social functions, the beneficiaries of such a right are investigated, and the obligations for national and sporting authorities are explored. By arguing that the right to pursue personal development would play a central role, while the right to health and education would be complementary, this chapter strives to answer the essential ethical question of why the trivial participation in sport should be considered an inherent right of the human being, cutting through the considerable confusion surrounding the right to sport.
Bookmarks Related papers MentionsView impact
Quaderni AISDUE, 2024
Il presente studio esplora l’emergente nozione di autonomia strategica verde, interrogandosi sull... more Il presente studio esplora l’emergente nozione di autonomia strategica verde, interrogandosi sulle sue potenziali implicazioni giuridiche per le competenze delle istituzioni europee. Prendendo in analisi gli atti e le misure adottate in seguito all’aggressione della Russia all’Ucraina, si avanza l’idea di un’estensione del campo di applicazione delle competenze ambientali. Tale ipotesi è esaminata alla luce della dimensione esterna dell’azione ambientale dell’Unione e sulla base delle competenze stabilite nel quadro giuridico dei cosiddetti regimi di governance ambientale. L’obiettivo è verificare se la coniugazione degli obiettivi ambientali attraverso il prisma dell’autonomia strategica sia una mera formula di sintesi politica che non introduce sviluppi giuridici significativi o, al contrario, rappresenti lo sviluppo di un obiettivo comune che rafforza la capacità di azione dell’Unione.
Bookmarks Related papers MentionsView impact
Netherlands Quarterly of Human Rights, 2023
This study argues that the Union maintains a double standard on working conditions in relation to... more This study argues that the Union maintains a double standard on working conditions in relation to the criteria established at international level, which allows to tolerate situations of labour exploitation as ‘unserious’ ‘proportionated’ or ‘normal’ phenomena. By analysing the gaps in the protection of the right to fair and just working conditions, the idea that an upward convergence of workers’ rights would be supported (and required) by the general duty to protect human dignity and to ensure fair competition in the Single Market is advanced. The relationship between these
fundamental principles in the implementation of the right to fair and just working conditions is examined through the notion of ‘social market economy’. The aim is to illustrate what kind of measures could (or should) be taken to integrate the protection of human rights and market efficiency,
and whether in practice there seems to be an articulation between these fundamental principles or, on the contrary, an insurmountable contradiction.
Bookmarks Related papers MentionsView impact
Maastricht Journal of European and Comparative Law, 2023
Water is generally indicated as a public good that is essential for life. Within the Union water ... more Water is generally indicated as a public good that is essential for life. Within the Union water law, this emphatic quali!cation appears as a generic political declaration linked to the uncertain recognition of the right to water. By analysing the common private and public interests, this study argues that the restricted territorial sovereignty’s theory, widely accepted for transboundary water resources, should be applied to all water resources. Water would be a shared European public good, subject to a sui generis community of property regime limiting the sovereignty of Member States over their water resources. By investigating the coherence of this community of property regime with the principle of neutrality enshrined in Article 345 TFEU, the essay suggests that the regulation of the water services would be drawn into the scope of the Treaties because of their instrumental nature in guaranteeing the exercise of fundamental rights, the social cohesion of the Union and the protection of a common public good. The idea is put forward that water services would be an emblematic case of European public services, understood as a specific development of the concept of service of general economic interest, instrumental to the implementation of the European model of society.
Bookmarks Related papers MentionsView impact
Utilities Policy, 2023
The current global water crisis is seriously challenging the water management, requiring an exten... more The current global water crisis is seriously challenging the water management, requiring an extensive sweeping adaptation for consumption and production patterns. Several international organisations recommend addressing water crisis through effective participatory practices. Taking into account the notion of environmental democracy and the legal implications of the right to water, this paper questions the public participation in the water services management in the European Union. Supervisor entities' cases are examined, and the idea of a participatory comanagement model is proposed. The aim is to clarify the legal foundations of water democracy, by suggesting possible solutions to support an increased public engagement. (IPCC, 2020). Furthermore, water crisis has been evaluated as a key driver of the risks to the global economy in the last ten annual Global risks reporters of the World Economic Forum (WEF) (WEF, 2022). 3 Founded in 1996 and based in Marseille, the WWC brings together international organisations, governments, the private sector, local authorities and civil society. Every three years it organises the most important international 'water congress', known as the World Water Forum.
Bookmarks Related papers MentionsView impact
Human Rights Law Review, 2023
This study argues that theMinimumWages Directive reveals a shift in the Union’s political-economi... more This study argues that theMinimumWages Directive reveals a shift in the Union’s political-economic approach to the social competition in the Single Market, which introduces a creeping extension of the Treaty’s scope and a potential enlargement of the Union’s competences on social matters. While
representing a timid starting point for the right to a minimum wage protection, it recognises that the dumping wages phenomena are partly triggered by an (unresolved) structural legal vacuum. By analysing the instrumental function of the fair remuneration towards human dignity, the idea of the right to fair and just working conditions as an open scoped right is advanced; the thesis of a general Union competence on working conditions is finally proposed. The aim is to illustrate what limits and
perspectives the European upward social convergence is currently facing, and to what extent theUnion is not necessarily a mere reflection of market completion interests.
Bookmarks Related papers MentionsView impact
Eunomia. Rivista di studi su pace e diritti umani, 2023
Sporting organisations are important economic, social and political actors whose activities and r... more Sporting organisations are important economic, social and political actors whose activities and rules can conflict with the general political and legal framework, by creating what could be defined as sporting antinomies. The attempt by the public authorities to resolve and reconcile these antinomies is confronted with the international and universal vocation of sporting activities and the fragmentation of the international response to the sporting issues, which have determined an evident institutional aporia. This study analyses the duty of cooperation between international sporting and public authorities, understood as a prerequisite and essential basis for resolving sporting antinomies. By identifying the cardinal responsibilities of sporting and public authorities at the international and regional levels, the aim is to show the fundamental legal implications of the need for co-ordination between different legal systems, and how such co-ordination could be effectively implemented in order to manage and avoid legal conflicts, while preserving the autonomy of sport and its social function.
Bookmarks Related papers MentionsView impact
Netherland Quarterly of Human Rights, 2022
The promotion of the Olympic ideals is strongly correlated with the effective protection of human... more The promotion of the Olympic ideals is strongly correlated with the effective protection of human rights in the sporting context. However, countless practical examples of violations of athletes’ human rights have shown how the link between sport and human rights is continuously placed under strong pressure. Taking into consideration the thesis according to which human
rights are an indirect legal source of the lex sportiva, this study analyses the gaps in the protection of the fundamental rights of athletes. By verifying the potential effects on the sporting juridical bodies’ competences and on the effective implications in sporting affairs for the European Court of Human Rights, the hypothesis of an emerging incorporation of human rights in sports legal orders will also be investigated. At the end of these pages, by identifying the limits and perspectives of the judicial protection of athletes’ human rights, we should also be able to evaluate if, and to what extent, a reform of sport justice bodies is urgently needed in order to guarantee the
function of sport as an instrument of peace and sustainable development, vehicle of rights, and source of social inclusion.
Bookmarks Related papers MentionsView impact
Maastricht Journal of European and Comparative Law, 2022
Water management has an important role to play in the circular economy transition, through the wa... more Water management has an important role to play in the circular economy transition, through the water treatment and reuse. Its optimal and coherent regulation is also of vital common interest, since water knows no borders or lines artificially set out by the States and the dramatic overconsumption and pollution of freshwater are threatening irreparable damage to the world’s ecosystems.
However, States are reluctant to common regulations, which would have important economic impacts. International and regional organizations face with the fundamental principle of permanent sovereignty of States over natural resources. By analysing the European environmental
competence, this study examines the role of Union water law in green economic transition. By investigating the interdependent relationships between the several elements of the water management, the essay suggests that territory use and economic town and country planning
would be drawn into the scope of Treaties because of the integrated nature of water services. The case of water reuse illustrates limits and perspectives of the European objective to promote rational utilization of natural resources and combat climate change, introducing the idea according to which freshwater is a European res communis on which the sovereign right of European Union Member States over their own natural resources could be lawfully limited.
Bookmarks Related papers MentionsView impact
European Business Law Review, 2021
This research studies the impact of the growth of the sports economy on the limitation of the aut... more This research studies the impact of the growth of the sports economy on the limitation of the autonomy of sports organisations, taking into account the driving role of the sovereign power of public orders to fight against corruption. It illustrates the idea according to which the economic governance of sport is based on the specific governance of the International Sports Movement and it verifies how and to what extent the public orders are affecting the regulatory autonomy of sport’s transnational legal orders. The study analyses, firstly, the legal status of the sporting organisations, arguing that the fundamental operational and organisational requirements of sporting organisations have international sources and transnational effects. Secondly, it considers the economic competences of sporting organisations, detecting the limits of sport autonomy due to the exercise of economic activities. Thirdly, it points up the international convergences on managerial transparency and some examples of national and international monitoring of economic activities in sporting organisations, delineating the emergence of a specific international legal framework for economic sports governance. The analysis, finally, identifies the limits of the recent developments at international level, exposing the potential role of the European authorities and the legitimate ways to justify the international limitation of the autonomy of sport.
Bookmarks Related papers MentionsView impact
Human Rights Law Review, 2021
Athletes are not just sports people; they are certainly among the most prominent figures of their... more Athletes are not just sports people; they are certainly among the most prominent figures of their present time, playing an important role in shaping opinions with their power to inspire. For this very reason, athletes’ freedom of expression is strongly limited by the sport authorities in light of the fundamental principle of sport neutrality. This study analyses and questions the traditional constraints to athletes’ free speech by taking into
consideration the role of human rights in sports legal order and in sporting affairs. By assuming an emerging relativization of sport political neutrality, the essay investigates the case-law concerning athletes’ freedom of expression identifying limits and perspectives of the current evolutions on athletes’ public statements, establishing to what extent a reform
of the present sporting regulation on freedom of expression is needed.
Bookmarks Related papers MentionsView impact
Maastricht Journal of European and Comparative Law, 2020
This essay focuses on the relation between amateur sport and Union citizenship, analysing the rec... more This essay focuses on the relation between amateur sport and Union citizenship, analysing the recent Biffi ruling of the European Court of Justice. It examines the opinion of the Advocate General and the Judgment of the ECJ, starting from the established case-law according to which
sport is subject to EU law insofar as it constitutes an economic activity. Taking into account the possible application of the Treaty in light of the indirect impact on economic activities of the amateur athlete, the study analyses the legal implications of Article 165 TFUE considering the social
function of sport. Finally, the paper illustrates to what extent the Biffi case represents a simple clarification of the existing legal relationship, a coherent case-law development, or another seismic ECJ ruling on sport.
Bookmarks Related papers MentionsView impact
European Journal of Comparative Law and Governance, 2020
This research studies the management of conflicts of interest in sporting context, trough a compa... more This research studies the management of conflicts of interest in sporting context, trough a comparative analysis of the current wave of reforms at national and international level. It suggests that the notion of conflict of interests in sport is wholly specific and it requires particular remedies, illustrating potential convergences with the public and private governance practices. Firstly, the paper identifies the endemic conflicts of interest due to the specific pyramid structure of sports movement, and the individual conflicts of interest that could occur in sporting organisations. Secondly, it detects the solution foreseen by the European authorities and the recent reforms concerning the sporting organizations adopted at national and international level. The study shows the elements that characterize conflicts of interest in sporting context, identifying convergences, limits, and the specific solutions suggested by the ethical and social function of sport.
Bookmarks Related papers MentionsView impact
Europe des droits et libertés / Europe of Rights and Liberties, 2020
This essay focuses on the prohibition of entering into territorial waters for boats involved in t... more This essay focuses on the prohibition of entering into territorial waters for
boats involved in the rescue of persons in distress at sea. In particular, it analyses the possibility of prohibiting the entry of humanitarian boats operating in Central Mediterranean, as envisaged by the Italian decree-law sicurezza bis. The study first analyses the international dispositions on which the entry ban into territorial waters is based. Secondly, it detects the humanitarian obligations to which the entry ban must be confronted, verifying their balancing in the practical cases of the humanitarian boats operating in the Central Mediterranean.
Bookmarks Related papers MentionsView impact
The International Sport Law Journal, 2019
This research takes into account recent reforms concerning the sporting organisations and examine... more This research takes into account recent reforms concerning the sporting organisations and examines their internal democratic structure. In the first place, it addresses the international convergences on the elections of the governing bodies, analysing the issue of the eligibility criteria and the fundamental elements of the internal control system. Secondly, it examines the coherence of the ‘external’ control of the sporting organisations with the principle of the autonomy of sport, investigating the implications of the general principle of cooperation and transparency. The study illustrates what idea of democracy is emerging from the metamorphosis of sporting organisations at national and international level, introducing some interpretations of the juridical nature of the sport legal order.
Bookmarks Related papers MentionsView impact
In C. HAGUENAU-MOIZARD, Les réformes du droit d’asile dans l’Union européenne, Presses Universitaires de Strasbourg, Strasbourg, 2019
Bookmarks Related papers MentionsView impact
Revue juridique de l’environnement, 2018
This essay focuses on the role of the renewable energy communities in the current energy transiti... more This essay focuses on the role of the renewable energy communities in the current energy transition of the European Union. The study analyses, firstly, the essential elements of the renewable energy communities, detecting the legal regulation of companies and technologies on which they are based. Secondly, it verifies the role of the renewable energy communities in the fulfillment of the European energy law obligations, focusing on the infrastructural reconversion and the involvement of public authorities, citizens and consumers. The importance of the renewable energy communities is illustrated, finally, by the Italian model of « cooperatives of community ».
Bookmarks Related papers MentionsView impact
Revue de droit international et de droit comparé, 2017
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Revue trimestrielle de droits de l’homme, 2016
This essay focuses on the role of the State in the pilot-judgements procedure of the European Cou... more This essay focuses on the role of the State in the pilot-judgements procedure of the European Court of Human Rights. The study analyses firstly the role of the State in the typical functions of the pilot procedure, underlying the national cooperation in the identification of the structural problem and remedial measures. Secondly, it focuses on the role of the State in the reduction of the ever- growing backlog of cases at the Court, analysing the effects of the national reaction on the adjournment and the final treatment of all similar applications.
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Mediterranean Journal of Human Rights, 2015
This essay focuses on subsidiary protection and aims at verifying its effectiveness and if it is ... more This essay focuses on subsidiary protection and aims at verifying its effectiveness and if it is adequate to develop an international protection system in a way which avoids protection gaps. The study analyses firstly the subsidiary protection in the asylum law (I), underlying the connection with the 1951 Geneva Convention relating to the Status of Refugees (I.A) and the overlapping with the temporary protection (I.B). Secondly, it focuses on subsidiary protection in human rights law (II), analysing the connection to human rights treaties (II.A) and to humanitarian principles, such as providing assistance to people fleeing from generalized violence (II.B).
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Verfassungsblog, 2022
The relationship between sports and neutrality belongs to the most hotly debated topics in intern... more The relationship between sports and neutrality belongs to the most hotly debated topics in international sports law. This blog post illustrates the application of the neutrality principle in practice and argues that the athletes’ freedom of expression in sport is emerging as a ‘concession’ rather than as a ‘right’, suggesting that a reform of the regulations imposed by the Olympic Movement is urgently needed.
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Maastricht Journal of European and Comparative Law, 2022
Water management has an important role to play in the circular economy transition, through the wa... more Water management has an important role to play in the circular economy transition, through the water treatment and reuse. Its optimal and coherent regulation is also of vital common interest, since water knows no borders or lines artificially set out by the States and the dramatic overconsumption and pollution of freshwater are threatening irreparable damage to the world's ecosystems. However, States are reluctant to common regulations, which would have important economic impacts. International and regional organizations face with the fundamental principle of permanent sovereignty of States over natural resources. By analysing the European environmental competence, this study examines the role of Union water law in green economic transition. By investigating the interdependent relationships between the several elements of the water management, the essay suggests that territory use and economic town and country planning would be drawn into the scope of Treaties because of the int...
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