The Italian legislative policy against violence of the fans: some considerations

Before entering in medias res, it is important to emphasize that the issue of politics against violence of the supporters represent a realm in which one experiences an overlap of competences between lex sportiva and public legal systems. The episodes of violence among opposing fans, especially football (soccer) teams (but not only), and between fans and police have recorded more and more from the Italian news: all episodes that overflow from championship matches up to extend to not competitive matches.The severity of episodes led to the enactment of a series of legislative measures, aimed at countering this violence: the s.c. “supporter card” is the latest executive instrument in order of time. These measures will be the subject of this reflection, according to a perspective of general theory of law. It’s the result of the questionable choice to give specialty to cases already covered by Italian criminal law: a choice that seems more functional to logics that are more careful to the widespread needs of exemplary punishments, than to the resolution of the problem at its root; a choice that moves in a symbolic‐repressive trend, aimed primarily at attracting the consensus of the citizens.