Autonomia privata ed esercizio di funzioni pubbliche. Sul problema della qualificazione delle federazioni sportive come organismi di diritto pubblico

In its judgment of 13 April 2018, The Administrative Tribunal for Lazio has argued that Italian football federation must be regarded as body governed by public. Thus, the Tribunal has established that the federation must permanently apply public procurement rules. The formalistic arguments underlying this approach seem not convincing since they do not consider properly the distinction among private and public activities of the sport federation. In the following essay the author explains why administrative rules should be applied to sport federations only whether it is strictly necessary to protect a public interest.