THE PROHIBITION OF ACCESS TO LOCATIONS WHERE SPORT COMPETITIONS TAKE PLACE (DASPO): NATURE, ROLE AND PROBLEMS RELATED TO ITS APPLICATION

Abstract

The prohibition of access to locations where sport competitions take place, introduced in order to curb the phenomenon of spreading violence in stadium, is characterized by the ability to affect the personal liberty of an individual. The decision must be adopted according to a meditated evaluation of both objective and subjective circumstances, that is the real and present dangerousness of the subject, which is also the condition of justification and appropriateness of the measure in terms of the objective to be pursued. The competent Authority must manifest these circumstances in the act that, as an expression of a discretion power, is questionable in terms of excess of power, in its different symptomatic forms, such as the apparent lack of logic, the unreasonableness, the obvious disproportion and misrepresentation of facts, or the violation of the principle of adequacy, proportionality and of the “graduality fine”.

Keywords: Violence in stadium. Dangerousness of the person. Judicial review.