Sports Autonomy & the Right to Effective Judicial Protection Under EU Law

I am pleased to announce the publication of my latest article in the Rivista di Diritto ed Economia dello Sport (Vol. XXII, 2026, www.rdes.it), entitled “Effective Judicial Protection under EU Law and Sporting Autonomy: A Commentary on AG Spielmann’s Opinion in Joint Cases C-424/24 and C-425/24 (FIGC & CONI)”

https://www.rdes.it/RDES_2026_BASTIANON.pdf

The article provides a critical analysis of Advocate General Spielmann’s Opinion in the FIGC & CONI cases, which raise fundamental questions concerning the relationship between sporting autonomy and the principle of effective judicial protection under EU law.

In particular, the contribution examines the compatibility of the Italian system of sports justice with Article 19(1) TEU and Article 47 of the Charter of Fundamental Rights of the European Union, insofar as it excludes the power of ordinary courts to annul disciplinary sanctions imposed by sports bodies, limiting judicial review to claims for damages.

More broadly, the article situates the Advocate General’s Opinion within the evolving case-law of the Court of Justice of the European Union, highlighting a significant shift from a predominantly competition- and free-movement-oriented approach towards a more “quasi-constitutional” scrutiny, centred on fundamental rights, judicial independence, and access to an effective remedy.

The paper also critically assesses the Advocate General’s reasoning on competition law and free movement, identifying unresolved tensions and open questions that may prove decisive in the forthcoming judgment of the Court.

Overall, the article argues that the Opinion confirms a progressive recalibration of sporting autonomy in light of EU constitutional standards and the requirements of the rule of law.