Avis consultatif TAS 94/128 Union Cycliste Internationale (UCI) et Comité National Olympique Italien (CONI)
Anti-Doping Rules
Conflict between the rules of an International Federation and those of a National Olympic Committee
In August 1994 the Italian Cycling Federation (FCI) initially decided to impose a 2 year period of ineligibility on a cyclist following the guidelines of the Italian National Olympic Committee (CONI).
The cyclist appealed the decision and the sanction was reduced to a 3 month period of ineligibility.
The International Cycling Union (UCI) asserted that under the 1994 UCI Rules an anti-doping violation for using caffeine can only be sanctioned by a 3 month suspension.
In this matter the Court of Arbitration for Sport (CAS) received in October 1994 the requests from UCI and CONI to render an advisory opinion about 4 questions.
The two questions of the UCI:
1.) Who is competent to regulate the anti-doping control: the international federation on the one hand or the National Olympic Committee (NOC) or another national sports body on the other?
2.) If the rule of the international federation conflicts with a rule issued or imposed by an NOC or national sports body, which of the two rules would prevail?
The two questions of CONI:
3.) Given that Italian federations are bound by Italian law to follow CONI anti-doping rules, and CONI is bound by Italian law to follow IOC anti-doping rules, what should CONI do if an Italian federation is part of an International federation whose anti-doping rules differ from those of the IOC.?
4.) Given that IOC anti-doping rules may change from time to time, in case a substance is moved from those sanctioned with a heavier penalty to those sanctioned with a lighter penalty, should the lighter penalty automatically apply when it enters into force also to previously sanctioned athletes?
On 5 January 1995 the CAS Panel rules:
1.) The UCI, the NOC or the national sports body are authorized to regulate doping. In this case it concerned a national competition under national Rules. In international competitions the UCI is authorized as International Federation and NOC and any other national sports body are subsidiair.
2.) In the case of an conflict, the Anti-Doping Rules of an International Federation prevail over the rules of an NOC or any other national sports body.
3.) CONI is legally bound to follow the IOC Anti-Doping Rules and to impose these on the Italian Federations.
4.) New IOC provisions are not applied automatically, except when the sports body has a clause in their statutes or regulations that such provisions are applied at once. In the situation that the IOC provision is applied automatically, the new provisions must also be applied to cases that occurred before these provisions came into force, if it lead to a more favourable result for the sanctioned athlete in anti-doping cases.
