Proportionality and the application of the World Anti-Doping Code / Herman Ram. – (International Sports Law Journal (2012) 3-4 : p. 8-11)
Content:
1.) Introduction
2.) The Athlete’s Position
2.1.) Legal Counsel
2.2.) Confidents and Activists
2.3.) Disciplinary Panels
3.) The NADO’s Position
3.1.) The Position of NADO’s in the Code
3.2.) The Position of the Dutch NADO
4.) The Approach of the Dutch Doping Authority
4.1.) Pre-Hearing Information
4.2.) Legal Opinions
4.3.) Right to Appeal
4.4.) Impartial Advice
5.) Conclusions and Discussion
the present World Anti-Doping Code (the Code) offers relevant possibilities for individual assessment of doping cases. This is not always recognized by the general public and, more importantly, it is not always understood by legal counsel, which acts on behalf of the athlete in doping cases. In other words, there is limited but relevant room for flexibility and proportionality proportionality within the Code, but this room is not always used as it could and should be.
In this article, the Author will try to shed some light on the positions of athletes (paragraph 2) and Anti-Doping Organizations (paragraph 3), in relation to the proportionality issue introduced above. In the fourth paragraph, he will describe the approach of the Dutch Doping Authority, and the fifth and last paragraph provides some conclusions and input for further discussion.
