Legal Opinion on the Conformity of the Exclusion of « Team Athletes » from Organized Training during their Period of Ineligibility with Swiss Law, including the General Principles of Proportionality and Equal Treatment / Rigozzi, Antonio. - World Anti-Doping Agency (WADA), 2008
Contents:
I. PRELIMINARY COMMENTS
1. Qualifications of the Author of this Opinion
2. Independence and Disclaimer
3. The Question Posed, the Document(s) Reviewed, and the Issues Addressed
II. THE INTERACTION BETWEEN ANTI-DOPING RULES AND THE RELEVANT PROVISIONS OF SWISS LAW
1. The World Anti-Doping Agency (WADA) and the World Anti-Doping Code (WADA Code)
1.2 The Adoption and the Implementation of the WADA Code
1.3 The Rationale of the WADA Code
1.4 The Main Features of the WADA Code
1.5 Status During Ineligibility
a. Under the 2003 WADA Code
b. Under the 2009 WADA Code
2. Protection of Personality Rights
2.1 Protection from excessive commitments (Article 27(2) CC)
a. Excessive Duration?
b. Excessive Object or Scope?
c. Conclusion
2.2 Protection against infringements of personality rights by third parties (Article 28 CC)
a. Legal or Statutory Provision
b. Consent
c. Overriding Private or Public Interest
d. Conclusion
2.3 Due process
a. Compliance with the principle of legality
b. Fair Trial
2.4 Fundamental Principles of Law
a. Proportionality
b. (Un)equal Treatment..
3. The Argument of Public Policy
Ill. GENERAL CONCLUSION AND ANSWER TO THE QUESTION POSED
