La giustizia sportiva tra la disapplicazione delle sue stesse regole, la violazione dei principi generali e il totem dell’art. 4: note a margine del “Caso Plusvalenze”.

The article analyses the three decisions that, in a short time, dealt with the capital gains affair – which ended with Juventus being penalized and its most important executives being disqualified. The paper criticize the admissibility of the “reopening” of proceedings, since the conditions that could have legitimized the revocation of the pronouncement – with which all the defendants have been exonerated – do not exist; on the application of article 4 of the Code of Sports Justice, both because there is no rule prohibiting the practice of capital gains, and because this practice, at most, should be evaluated in the light of the provision of article 31 of the same Code; on the acquittal of the other clubs involved, since this is a case that, if illicit, is perfected with the necessary concurrence of two subjects; finally, on the lack of motivation regarding the quantification of penalty points and the alleged automatic consequence of the alteration of the sports result.

Abstract licence: CC BY

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