Effects of the EU Anti-Doping Laws and Politics for the International and Domestic Sports Law in Member States

By Kedzior, Magdalena | The International Sports Law Journal, January-April 2007 | Go to article overview

Effects of the EU Anti-Doping Laws and Politics for the International and Domestic Sports Law in Member States


Kedzior, Magdalena, The International Sports Law Journal


Introduction

It is generally believed that the greater the role of economic factors in sport, the greater the impact of law in sport. (1) This is also true of Community law. (2) In her speech delivered on 28 November 2003, Viviane Reding, then the EU commissioner for sports matters, announced that the elimination of doping in sport is to become one of the priorities in the Community's policy. (3) Such a declaration raises the question of the legal grounds that might lie at the EU anti-doping policy, or of the extent to which Community law might influence the anti-doping laws and regulations adopted by international sports federations, or of the relationship between WADA (World Anti-Doping-Agency) and EU policy, regarding the fight against doping going on today.

Legal sanctioning of doping at the international level--historical background

The battle against doping in sport that had been fought until late 1990s under the auspices of the International Olympic Committee was not successful. Poor international collaboration rendered the unification of procedures or jurisdiction impossible. (4) Despite the existence of an international legal document that addressed the problems of doping in sport, which took the form of the Anti-doping Convention of the Council of Europe No 135 issued on 16 November 1989 and ratified by the government of Poland on 1 November 1990 (5), it soon turned out that it was not an instrument capable of resolving the technical complexities (or technical problems) encountered in the fight against doping in sport. (6) The unquestionable advantage of having the Convention, however, is the fact that it triggered off mechanisms that broadened awareness of, and interest in the problem of doping in sport. (7)

The impulse that had significantly accelerated the efforts to develop effective ways of eliminating doping worldwide--and therefore also within the Community--were the doping scandals that came to light during the Tour de France race in 1998, when substances known for their doping characteristics were found in the samples taken from the Festina team. It was then that both the Council of Europe and the European Union resolved to take measures that would decidedly fight doping in sport.

At the Vienna summit in December 1998, the Council of Europe expressed its concern about the growing number and scale of doping scandals in sport. Those concerns were later reflected in the so called Community Plan to Combat Doping in Sport. That document had laid the grounds for a large-scale information and education campaign. The Council underlined the necessity of joint action at the Community level and obliged the European Commission to investigate the existing anti-doping laws in member states. (8) Further, basing on the opinion of the European Group of Ethics, the European Committee announced mobilisation of all Community instruments that might contribute to the elimination of doping in sport. At the same time it was agreed that the protection of sportsmen's rights was a higher goal of the world-wide anti-doping policy that should involve the harmonisation of doping rules and procedures, as well as disciplinary sanctions and the determination of a uniform list of illegal products and methods, giving priority to the health of the sportsmen through exercising anti-doping controls and checks also at times between competitions. The document failed, however, to specify on what legal grounds the European Union could base its intended action.

Legal grounds of the Community anti-doping policy

The EC founding Treaties and subsequent reforming treaties" do not contain any provision that would regulate stricte sports issues". Consequently, the classification of sport, and therefore the anti-doping policy as an area of EU activity, is not at all clear." Doping in sport is a multi-dimensional phenomenon and therefore the European Commission, in seeking to combat it, reaches for legal instruments which are also available in other policies. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • A full archive of books and articles related to this one
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Effects of the EU Anti-Doping Laws and Politics for the International and Domestic Sports Law in Member States
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

    Already a member? Log in now.