Preview

Kutafin University Law Review

Advanced search

The Judgment of Sport Jurisdiction Bodies on Doping Cases

https://doi.org/10.17803/2313-5395.2020.1.13.096-107

Full Text:

Abstract

This paper studies how sport jurisdiction bodies encounter doping cases when they are called upon, hear the parties involved, and decide in the first or second instance on the sanctions imposed. In any case, the attitude of the sports authorities plays a crucial role not only in the implementation of the regulations, the issuance of decisions and therefore the creation of Lex Sportiva, but also in the attitude of the sports community towards doping. The present study is based on the use of interpretive and jurisprudential review as the core of the methodological approach. Then, there is a comparison between the decisions of the National and International Federations, the WADA (World Anti-doping Agency) and the decisions of the CAS. (Arbitration Court for Sports). The research showed how the attitude of the bodies differs not only in the severity of the crises but also in the imposed sanctions. Through CAS decisions, it is clear that as the authority of the bodies increases, so does the rigor they display. In particular, WADA always appears stricter in doping cases and often brings them before CAS demanding stricter sanctions than those already in place. On the other hand, the International Federations often appear less strict, while the national federations often show the most lenient attitude. Furthermore, there is a difference in the decisions and argumentation of CAS, which comes either from the different legal culture of the referees or from the more tolerant interpretation concerning the athlete objective responsibility. In short, it is observed that the treatment of doping cases lacks stability.

About the Authors

Konstantinos Konstantinidis
School of Physical Education and Sport Science, National and Kapodistrian University of Athens Greece
Greece

Candidate  Doctor  of  Sports  Law,  School  of  Physical  Education  and  Sport Science, National and Kapodistrian University of Athens Greece.

Ethnikis Antistasis 41, Dafni 17237.



Dimitrios Panagiotopoulos
National and Kapodistrian University of Athens
Greece

Professor of Law, National and Kapodistrian University of Athens, Greece, Attorney-at-Law.

4, Veranzerou Str., 10677, Athens.



References

1. Cox N., Victory with Honour or Victory at All Costs: Towards Principled Justi¿cation for anti-Doping Rules in Sport, 22 Dublin ULJ 19 (2000).

2. Dimitrios P. Panagiotopoulos, Arbital Jurisdiction in Sports Activities, IV(1-2) e-Lex Sportiva Journal 20–34 (2016).

3. Dimitrios P. Panagiotopoulos, Zografenia Kallimani, Implementation of WADA Code in the Greek Sports Legal Order, IV(1-2) e-Lex Sportiva Journal 135–139 (2016).

4. Duval A. et al., The world anti-doping code 2015: asser international sports law blog symposium, 16(1-2) The International Sports Law Journal 99–117 (2016)

5. Park J.K., Governing doped bodies: the world anti-doping agency and the global culture of surveillance. 5(2) Cultural Studies, Critical Methodologies 174–188 (2005).

6. Kavanagh T., The Doping Cases and the Need for the International Court of Arbitration for Sport (CAS), 22 UNSWLJ 721 (1999).

7. Panagiotopoulos D., International Sports Rules’ Implementation- Decisions’ Executability: The Bliamou Case, 15 Marq. Sports L. Rev. 1 (2004).


For citation:


Konstantinidis K., Panagiotopoulos D. The Judgment of Sport Jurisdiction Bodies on Doping Cases. Kutafin University Law Review. 2020;7(1):96-107. https://doi.org/10.17803/2313-5395.2020.1.13.096-107

Views: 638


Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.


ISSN 2313-5395 (Print)
ISSN 2410-2059 (Online)