THE DUAL MANDATE OF SPORTS AGENTS: A COMPARISON OF NATIONAL AND INTERNATIONAL REGULATIONS

Abstract

The dual mandate of sports agents constitutes a paradigmatic instance of the normative tension between autonomy and systemic unity within the broader legal order governing professional sport. This contribution undertakes a comparative analysis of the regulatory treatment of dual representation under both national and international instruments, with specific reference to the Italian legislative framework (Legislative Decree No. 37/2021 and FIGC Regulations 2025) and the FIFA Football Agent Regulations 2025 (FFAR 2025).

The inquiry is premised upon the conception of sports law not as an autonomous or self-contained legal order, but as a specialised sector integrated within the general legal system, characterised by a multi-level structure encompassing state, federal, and international sources. Within this systemic configuration, the Italian model adopts a functional and proportionate approach: dual representation is permissible subject to stringent safeguards of informed consent, disclosure, and conflict-of-interest management. By contrast, the FIFA framework, animated by considerations of transparency and integrity, enshrines a general prohibition on dual mandates, save for narrowly construed exceptions that render its practical application residual.

This comparative examination reveals not merely a divergence in regulatory technique but a deeper antinomy between distinct normative rationales. The Italian framework, grounded in private autonomy and proportionality, privileges contractual freedom within a regime of procedural transparency. On the other hand, the FIFA model, conversely, embodies a preventive and prohibitive logic, privileging integrity over autonomy. The coexistence of these divergent paradigms engenders regulatory asymmetry and legal uncertainty, particularly in cross-border transactions that typify the football industry, thereby undermining both market efficiency and systemic coherence.

In light of these findings, the paper advocates for a harmonised European regulatory intervention aimed at reconciling the principles of integrity, transparency, and contractual autonomy. Such harmonisation may be pursued either through an internal recalibration of the FFAR or through the enactment of a “European Sports Act” grounded in Article 114 TFEU, which would provide a uniform and binding normative framework. Ultimately, the establishment of a proportionate and coherent European discipline on dual representation constitutes not merely an instrument for enhancing the governance of sport, but also a necessary condition for safeguarding the unity and internal consistency of the European legal order as a whole.