Sport in the Constitution and the finance law compared

“The Republic recognizes the educational, social and psychophysical well-being promotion nature of sporting activity in all its forms”
The Senate of the Republic, on March 22, 2022, unanimously approved Constitutional Decree 747 regarding the “Modification of Art. 33 of the Constitution on the promotion and enhancement of Sport” mentioned above. The text will now be sent to the House for its final approval. Within the framework of art. 117, paragraph 3, of the Constitution, the “Sports System” is recognized as concurrent legislation with State legislation.
A change that certainly arouses clamor, approval, confidence, especially when it comes to the Constitution received as a “sacred text”.
An important intervention, in good time, would seem, given the entry into force of the “Finance Law” of December 30, 2021, n.234. “State budget for the financial year 2022 and multiannual budget for the three-year period 2022/2024” with particular reference to the arts. 329 330, relating to motor education.
If we were to recognize the true meaning of the phrase “educational, social value and the promotion of psycho-physical well-being “, in accordance with the approved textthis would contrast with:

  • art. 329 where it is reported that “In order to achieve the objectives of the National Plan for Recovery and Resilience (PNRR) and to promote among young people, from primary school onwards, the adoption of behaviors and functional lifestyles at a harmonious growth, health, psycho- physical well-being and the full development of the person, recognizing motor education as the expression of a personal right and a tool for cognitive learning […]the teaching of physical education in primary school, is introduced gradually […]the teaching of physical education in primary school, in fourth and fifth year by teachers with the appropriate qualifications and enrolled in the corresponding competition class “Sciences of motor skills and sport in primary school […]”;
  • art. 330 where it is reported “The introduction of the teaching of physical education is planned for fifth year take effect from the school year 2022/2023 and for the fourth year take effect from the 2023/2024 school year within the limits of financial means and instrumental available under current legislation…”.

Therefore, for the time being, in primary school, the first classes would remain excluded, where, on the contrary, physical education should be the master, as Article 329 recalls, “… as an expression of a personal right and a tool for cognitive learning” essential to the growth of a novice child. Above all, it is therefore particularly important for children who do not have the economic possibility of devoting themselves to a sport, regardless of the various appeals or vouchers made available by the regions and / or municipalities to encourage the activity. sports with special attention to families with difficulty. It should also be noted that everything starts slowly given the reference school years for the fourth and fifth years of the first cycle of education when, on the contrary, everything should be done in a very short time. The reference, on the other hand, to “…limits of financial resources…” is perplexing. Between the finance law and the text approved, currently by the Senate, there does not seem to be any synchronicity but criticality, subject to modification.

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