Pilot Study for the European Commission
Description
In 2001 an international research group consisting of sports law experts from Germany, The Netherlands and the UK finalized a research study on "Legal Comparison and the Harmonisation of Doping Rules", commissioned by the EU. The study provided the drafters of the World Anti-Doping (WADA) Code, which was finally adopted in 2004 and is now officially in force, with an important tool, giving them an overview of the doping rules and regulations of national and international sports organisations, including a comparative analysis, as well as a survey and analysis of the relevant public law legislation available.
This publication is instrumental to better understanding the background of the issue of the harmonisation of doping rules and regulations, the results of which are laid down in the WADA Code, which is a milestone in the international campaign to combat doping in sports.
Overview
Inhaltsübersicht: Part I: The Institutional Framework: International Co-Operation - Sports Organisations - Part II: Public Law: A. Autonomy of Associations - A European Legal Comparison of Anti-Doping Rules in Sport: Factual Outlines of European Sport Associations - The Relationship between Sport and Politics - Law Relating to the Freedom of Association. Constitutional Provisions - Individual Guarantees of the Freedom of Association - Recent Governmental Activities in the Fight against Doping - Conclusions - B. A Comperative Legal Analysis of Anti-Doping Activities - General Framework and Criminal Law Aspects: General Topics / Basic Information - Combating Doping by Means of Criminal Law - Anti-Doping Measures outside of Criminal Law - Outlook - Results and Conclusions - Part III: Sport Rules and Regulations: A. Introduction - B. Aspects Researched: Definition of Doping - The Purpose of the Ban on Doping - List of Prohibited Substances and Methods - Doping Control outside of a Competition Context - Fundamental Rights of the Athlete and Procedural Mental Guarantees - System of Sanctions - Adoption and Mutual Recognition of Doping Sanctions - C. Results of a Case Study on Doping in Sport - D. Medical Limits (Cut-Off Limits in Doping Control): Introduction - Medical and Scientific Background - Legal Analysis - Legal Review - Outlook and Alternatives - E. Summary and Conclusions - Part IV: Analysis of Doping Cases of the Court of Arbitration for Sport: Introduction - Aspects of the CAS Jurisprudence Researched - Summary and Conclusions - Part V: General Conclusions and Recommendations: Statutory Law - Sports Law - Court of Arbitration for Sport (CAS) - Main Recommendations Concerning Harmonisation - Literature and Documents
