Criminalization of trade and trafficking in doping substances in the European Union / Magdelana Kedzior. – (International Sports Law Journal (2012) 1-2 : p. 20-26)
Content:
- Reasons for the EU interference
- Position of the EU Commission on trade and trafficking in doping substances
- The problem of trade and trafficking in doping in national legislation
- The application of Lisbon Treaty provisions on trade and trafficking in doping substances
- Conclusion
On the European Council summit in Athens in May 2009 the Commission once again called member states (which have not done it so far) to criminalize trade and trafficking in doping substances. What is more, the Commission urged member states to criminalize the possession of doping substances with the intention to spread them on the market. Such intention raises crucial questions about EU competence in the field of harmonization and criminalization of trade and trafficking in doping as well as regards the possible legal grounds for common action of the European Union in this field.
These abstract attempts to deliver answers to the question whether the process of criminalization of trade and trafficking in doping substances on the EU level is legally feasible and if so, to what extent. It depicts reasons for the EU involvement in the area of trade and trafficking in doping and analyses the position of the EU Commission on the problem of trade and trafficking in doping substances. Moreover, it shows the outline of legal situation in the different member states of the EU. Finally respective Treaty provisions will be shortly analyzed in order to find possible legal grounds for criminalization of trade and trafficking in doping on the EU level. It is argued that such a common approach is currently possible only in certain aspects of the aforementioned problem.
