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Jurisprudence is governed by the “hierarchy of sources”. To pass a law you need another law, not a protocol from a private entity.
Therefore, the Serie A League has leaned heavily in favor of Juventus. We are also in the electoral campaign for the leaders of the world of football, sports justice, Italian sport.
And, barring sensational twists, Juve will beat Napoli 3-0 at the table.
Naturally, now a judicial and sports dispute will open between the fans of the two teams.
Naples is convinced that the dispute will end up winning. In short, Juve will not be able to have all three points. The other teams that play, despite being isolated, do so because they are allowed to travel. The Asl of Naples, due to the contagion situation in Campania (the first region of Italy for days), has not authorized Naples to fly to Turin.
The Lega Serie A appeals to the protocol signed between all the Serie A clubs with the highest institutional direction of football and with the endorsement of the government. A thesis that is radically refuted by those who support Napoli’s reasons.
The following are the reflections of longtime sports law experts.
«The protocol, to which the League refers, does not “exceed” the provisions of the law. The jurisprudence is governed by a principle of “general order” that defines “the hierarchy of sources”. First the Constitution, then the laws of the state, then the implementing regulations.
“The protocol of the League cannot modify a law.”
Can ASLs undermine the Protocol? The functions of the ASL, carried out through the prevention departments, are defined in articles 7, 7 bis, seventh ter and 7 quater of Legislative Decree 502/92. To overcome a law you need another law, not a protocol from a private entity.
«With the modification of Title V of the Constitution (art. 117 and 118), the regions have an autonomous “power” to manage the “protection of” public health.. With the worsening of the epidemiological situation, the ASL has seen fit to intervene to protect the principle of health, which is, as defined by the Constitution, a “fundamental right” of all “individuals.” A different and omisive attitude of the ASL would define a clear “difference of treatment” between the citizen “footballer” and the rest of Italian citizens “.
«At school, if a child is positive, the health authority, at its sole discretion, defines” quarantine “or” fiduciary isolation “for the whole class. The law is equal for everyone.
The individual citizen or body that does not respect the provisions of the health authority faces criminal sanctions, defined by law ”.
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