L'irrilevanza della natura, pubblicistica o privatistica, dell'attività fondante il ricorso al giudice amministrativo nel riparto di giurisdizione tra giustizia sportiva e giustizia statale (Nota a Cass. SS.UU. 2/2/2022, n. 3101)

Abstract

The Plenary section of the Supreme Court, in this judgement, which closes a complex legal case started before the sports judges of Italian Shooting Sport Federation, continued at the Sports Guarantee Board, then brought to the knowledge of the administrative justice of first and second level before coming to the knowledge of the Supreme Court, address the question whether an electoral dispute, concerning specifically the renewal of the board of a sports association, falls within the matters reserved to the judgement of sports justice pursuant to art. 2.1, lett. a, of the Law no. 280/2003. The analysis of this decision, taking into account the precedents of the Supreme Court and the State Council, in the light of the rulings of Constitutional Court no. 49/2001 and 160/2019, permits to point out how the criterion for the distinction between matters reserved and those not reserved to sports justice pursuant to articles 2.1 and 3 of the Law no. 280/2003, is not based on the private value, in the first case, and public value, in the second case, of the activity regulated by the federal rules applicable in a specific matter.