Book contents
- Frontmatter
- Contents
- List of figures
- Table of cases
- Introduction
- 1 The development of principles relating to anti-doping regimes: the role of the Court of Arbitration for Sport
- 2 Overview of the Code and the World Anti-Doping Program
- 3 The International Standards in more detail
- 4 The nature of the Code and its interpretation and application
- 5 Articles 1 and 2 of the Code: anti-doping rule violations under the Code
- 6 Article 3 of the Code: the proof of anti-doping rule violations under the Code
- 7 Responsibility for testing and investigations, results management and hearings
- 8 Sanctions for anti-doping rule violations: Articles 9 and 10 of the Code
- 9 Article 13: appeals under the Code
- 10 Challenges to the Code in the courts
- 11 The way ahead: the 2009 Code
- Index
10 - Challenges to the Code in the courts
Published online by Cambridge University Press: 24 June 2009
- Frontmatter
- Contents
- List of figures
- Table of cases
- Introduction
- 1 The development of principles relating to anti-doping regimes: the role of the Court of Arbitration for Sport
- 2 Overview of the Code and the World Anti-Doping Program
- 3 The International Standards in more detail
- 4 The nature of the Code and its interpretation and application
- 5 Articles 1 and 2 of the Code: anti-doping rule violations under the Code
- 6 Article 3 of the Code: the proof of anti-doping rule violations under the Code
- 7 Responsibility for testing and investigations, results management and hearings
- 8 Sanctions for anti-doping rule violations: Articles 9 and 10 of the Code
- 9 Article 13: appeals under the Code
- 10 Challenges to the Code in the courts
- 11 The way ahead: the 2009 Code
- Index
Summary
Challenges to anti-doping regimes before the Code
Before the advent and adoption of the Code, legal challenges were made, from time to time, by athletes, to the enforceability of doping rules and regulations before national courts and before supranational tribunals and courts such as the European Court of Justice. The challenges sought to invoke a range of arguments, which are united by the contention that the anti-doping rules in issue should not be enforced because they were contrary to the fundamental individual rights and freedoms which were protected by national or international constitutional provisions or by general principles of national and international law.
The rights of the individual to work, to privacy, not to be punished without fault, and not to be subjected to discrimination, were relied on to challenge the enforceability of the strict liability ‘no fault’ regime common in anti-doping rules. Principles of competition law protecting individuals from anti-competitive conduct and agreements, and from restrictions on the freedom to work and provide services, and common law contractual principles protecting individuals from restrictions in restraint of trade, were also relied on to contend that periods of ineligibility should be set aside.
- Type
- Chapter
- Information
- A Guide to the World Anti-Doping CodeA Fight for the Spirit of Sport, pp. 219 - 239Publisher: Cambridge University PressPrint publication year: 2008