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In the case of 0-3 at the table, Napoli will turn to the strong TAR with the prevailing regional competition in health. A vulnus that would endanger the continuation of the championship
by Marco Bellinazzo
In the case of 0-3 at the table, Napoli will turn to strong TAR with the prevailing regional competition in health. A vulnerability that would endanger the continuation of the championship
4 ‘reading
To play” Juventus-Naples now they will be lawyers and courts, not just sports. The wall against the wall between Lega Serie A and Aurelio De Laurentiis’ club could jeopardize the continuation of the championship, if the government does not intervene to find a solution. A solution that can only go through a review of the current health protocol and that, however, runs the risk of colliding with the autonomous prerogatives in public health enshrined in the Constitution. A real puzzle with the economic future of Serie A at stake.
From sports judge to tar
But let’s go in order. by Figs me League, Napoli had to take the field and in fact the lack of presentation at the Allianz Stadium will result in the imposition of a penalty by the sports judge within the day: 3-0 at the table in favor of Juventus and as planned for him Sports Justice Code a penalty point. Napoli has already announced that it will appeal both in the three degrees of sports justice and, if it is not correct, resorting to the TAR. At that time, the question will become that of establishing the priority among regulatory sources and, therefore, establishing the prevalence between the sports and state systems and between the latter and the regional health system.
The reasons for the League
The Serie A League, which is a private law association, has adopted to manage Covid-19 infections the Figc -Cts protocol, which received the endorsement of the Ministry of Health with the circular of June 18, 2020. This protocol, recognizing the specificity of football and the sports industry, introduced a soft quarantena. By virtue of the swabs repeatedly repeated by the teams, in the case of confirmed swab infections, the “close contacts” belonging to the group are isolated, can train and play. The League in fact explained: «In the present case, the FIGC Protocol agreed with the CTS and integrated by the Circular of the Ministry of Health on June 18, which incorporates the opinion of the CTS n. 1220 of June 12, 2020, which was not taken into account even in the email of the deputy head of the office of the president of the Campania Region. “Reiterating that” there are no provisions of the state or local authorities that prevent the operation regular game “.
The soft quarantine allowed Torino-Atalanta to play with infected or Crotone-Milan, with Ibrahimovic and Duarte positive. Furthermore, the League, after the outbreak of Genoa case, has developed more legislation (partly borrowed from UEFA) signed a few days ago by all the clubs: even in the case of multiple infections with 13 players (including the goalkeeper) available, you go to the field and can get the game postponement alone if more than ten cases of Covid have been registered in a week. By the way, the League also believes that Napoli did not follow protocol, leaving the players at home and not in a “bubble” in the sports center.
The reasons for Napoli
Napoli does not fall in either of the two cases. After close contacts with the Genoa players on Sunday 26 September, two infections emerged among the players at the De Laurentiis club. Others, as happened with Genoa, which in the end had a score of, could come out in the scheduled tampon rounds in the next few hours. Why then did Napoli escape the rules agreed through the Protocol? Beyond the suspicions circulating on the web and not only due to the fact that the intervention of the ASL was requested in the De Laurentiis-De Luca axis, about which there is no evidence, Naples was in fact blocked by the intervention of the two competent Neapolitan ASLs (in relation to the domicile of the infected players), activated after the communication of the positive practices of the Neapolitan members. At that time, the local health authorities, as in other previous cases, evaluated whether to grant the humiliation and therefore the special procedure reserved for players as defined in the circular of June 18. And unlike what has happened so far, they have decided not to. At that time, communications were sent to Napoli addressed to the players who had contact with the two infected to remain in fiduciary isolation in their own homes.
