Blog tagged as doping

Analysis of the crucial role of the CAS ad-hoc and anti-doping Chambers at the Paris 2024 Olympic Games: exclusive jurisdiction based on the Olympic Charter and contracts, accelerated arbitration procedures, issues of awards in matters of eligibility and doping

The CAS reduces the suspension of Simona Halep from 4 years to 9 months for involuntary doping. The former world No. 1 proved that her positive test for Roxadustat during the 2022 US Open was due to contamination of a dietary supplement. She can return to competition immediately.

If food supplements are not on the World Anti-Doping Agency's list of prohibited products (transposed into the Sports Code), athletes must remain vigilant because of the risk of contamination with prohibited products.

The Council of State validates the option for the Sanctions Commission of the AFLD to reduce the duration of a sanction taken against an athlete for the use of unspecified substances when the circumstances of the case justify it with regard to the principle of proportionality .

Article L.232-26 of the Sports Code penalizes the simple possession of unspecified substances or methods. The decree of July 1, 2021 published the updated list of these prohibited substances and methods. What is this penal provision in the fight against doping?

An anti-doping control carried out in France (national or international athlete) with a positive result leads to a presumption of infringement of anti-doping rules and the opening of a disciplinary procedure before the French Anti-Doping Agency (AFLD) .

Since Tuesday, February 16, 2021, the Government has been empowered by Parliament to take the necessary measures within the scope of law to ensure the compliance of domestic law with the principles of the World Anti-Doping Code and to strengthen the effectiveness of the fight against doping

On January 1, 2021, the new 2021 World Anti-Doping Code entered into force. Among the important additions we find in particular: the protection of whistleblowers, a new definition of the concept of "in competition" or the addition of circumstances aggravating

On December 17, 2020, the CAS declared the suspension of Russia from all international competitions (Olympic Games and world championships) for a period of two years (i.e. until December 16, 2022) due to the non-compliance of the Russian Anti-Doping Agency (RUSADA) with the World Anti-Doping Code

Since the Ordinance of December 19, 2018, which 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 World Anti-Doping Agency (WADA) has published, November 26, 2019, the approved version of the 2021 World Anti-Doping Code and the International Standards, as well as the Athlete Anti-Doping Right Act.

On the occasion of the Fifth World Conference on Doping in Sport in Katowice, Poland (November 5-7, 2019), the Foundation Board and Executive Committee of the World Anti-Doping Agency (WADA) approved the draft of the 2021 Code and the revised International Standards

Article L 232-2 of the Sports Code allows athletes to obtain an authorization for use for therapeutic purposes in order to undergo treatment based on drugs containing a prohibited substance.

Me Jean-Jacques BERTRAND explains the authorization of use for therapeutic purposes (TUE) regime as of March 1, 2019 (date of entry into force of the ordinance of December 19, 2018 relating to the transposition into domestic law of the principles of the World Anti-Doping Code).

For the Constitutional Council, the absence of separation within the AFLD between the prosecution and judgment functions is contrary to the principle of impartiality of the Declaration of the Rights of Man and of the Citizen (judgment 2 February 2018 following a priority question of constitutionality QPC)

The European Court of Human Rights considers, in a judgment n ° 48151 / 11, dated 18 January 2018, that the French State, by imposing a system of localization to the sportsmen, does not violate the article 8 of the European Convention for the Protection of Human Rights.

The Council of State, by order of the 25 August 2017, dismissed the application for interim measures of a swimming coach suspended by the French Anti-Doping Agency (AFLD) on the ground that it had Opposed to the control of swimmers it entails.

On Wednesday February 15, 2017, the Senate definitively adopted the bill aimed at preserving the ethics of sport, strengthening the regulation and transparency of professional sport and improving the competitiveness of clubs.

The Council of State had to know of its first case in which the athlete requested the annulment of the sanction imposed by the French Agency for the Fight against Doping (AFLD) because of the substantial assistance provided. The athlete's argument did not succeed (CE 23 December 2016 n ° 399728)

During the Council of Europe Conference on November 29, 2016, the President of the World Anti-Doping Agency (WADA) encouraged European ministers to fight doping and signed an anti-doping memorandum of understanding.