Application of anti-doping rules: the distinction between national and international athletes

scpa BERTRAND
20.02.20 18:50 Comment (s)
national and international sports doping

Since theOrder of December 19, 2018, entered into force on March 1, 2019, the Sports Code distinguishes between a national and international athlete when it comes to the application of anti-doping rules.

The definition of an athlete, at national or international level

This distinction made by thearticle 230-3 of the Sports Code established at the time of the anti-doping rule violation.

This article is thus written in 3 parts.

Definition of athlete

" For the purposes of this title, any person who participates or prepares for: 1 ° Either in a sporting event organized by a federation approved or authorized by a delegated federation; 2 ° Or to a sports event giving rise to a prize-giving in money or in kind, even though it is not organized by a federation approved or authorized by a delegated federation; 3 ° Or at an international sporting event. "

The national level athlete

" Any person competing in a sport at the national level, according to the definition set by a deliberation of the college of the French Agency for the fight against doping taking into account, in particular, his sporting level and the sporting discipline practiced and not having the quality of international sportsman. "

The sportsman of international level

" Any person competing in a sport at the international level, according to the definition given by each federation mentioned in 3 ° of article L. 230-2, is an international level athlete within the meaning of this title. "

Effects of the athlete's qualification on the appeal procedure

In application of the aforementioned provisions, it will therefore be necessary to refer to the definition of the international federation of the sport concerned in order to assess the international quality of the sportsman.

This distinction makes it possible to determine which of the Council of State or the Arbitral Tribunal for Sport (TAS-CAS) will be competent in the event of an appeal against a decision taken by the French Anti-Doping Agency (AFLD) against the athletic.

Board of state

Board of state

Indeed, when a national athlete is called into question by a decision of the AFLD, the Council of State has jurisdiction in the event of an appeal, in accordance with article L. 232-24 of the Sports Code.

CAS-CAS

Court of Arbitration for Sport (TAS-CAS)

Whereas, in accordance with article L. 232-24-2 of the Sports Code:
" The acts taken [by the AFLD] in application of 16 ° of I of article L. 232-5 may be appealed against by the parties mentioned in article L. 232-24 before the sole court of arbitration for sport in within the framework of the appeal procedure provided for by the World Anti-Doping Code. "

In other words, disciplinary decisions taken by the French anti-doping agency are subject to appeal before the Sports Arbitral Tribunal when an athlete of international level is involved.

scpa BERTRAND