Juve, Judge Torsello: “Sports justice cannot aim for absolute certainty”

“First of all I say that I don’t want to talk specifically about the case of capital gains. A judge speaks with the sentences and does not comment on them, we will speak at a general level”. This is how Mario Luigi Torsello began during a conference on sports justice held at the University of Salento. The premise was obligatory because Torsello is one of the judges of the Federal Court of Appeal who judged Juventus in the capital gains case.

The introduction

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The judge then explained why sports justice can judge autonomously: “We must take note of the negotiating nature of the rules governing sports justice (private and contractual, non-authoritative characteristics) which is an effect of the acceptance of federal regulations as a spontaneous act of adherence to the sports community.The interested party accepts subjection to the internal organs of justice.Alongside this there is the bond of justice, which establishes the autonomy of the sports system both for the jurisdiction of the judge and to guarantee the speed of disputes. This constraint is not contrary to the Constitution because it allows the parties to choose other subjects As arbiters for disputes. It is necessary to distinguish the internal relevance from the external one, state and internal sports jurisdictional competences. The Constitutional Court affirmed the original and autonomous nature of the order sporty and is expressive of individuals and social bodies c he pursue social goals. Autonomy would therefore be based on the principle of subsidiarity evoked by the constitution. Subsidiarity can enable private individuals to be the source of law”.

Timeliness and peremptoriness

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Torsello then spoke of the need for sports justice to proceed quickly: “Timeliness pervades ordinary institutions: absolute certainty would lead to a slowdown in the sporting procedure, unlike the timeliness principle. The main purpose of the sports judge is to affirm the principles of loyalty and transparency and therefore the bodies must consider the formal rules less stringent than the substantial ones that embody these values. The sports justice code adapts to the general procedural principles, but not as an automatic transposition of these institutions, otherwise it would lose its peculiarities, such as timeliness and expediency, coessential to sports justice as the processes must be fast and immediate (certainty at the championships, athletic markets, to enthusiasts). Principle of peremptoriness: the peremptory deadline for disciplinary action and decision. With regard to Juventus, the judgment is concluded in 60 days and the publication of the decision in 10 days”.

the reaction of the fans

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It is precisely this last passage on the need for timeliness and peremptoriness that angered Juventus fans, who are convinced that summary justice has been done in the case of capital gains.