ciao a tutti, scusatemi se scrivo in italiano ma credo che questa cosa vi faccia molto piacere.......
ON THESE GROUNDS
The Court of Arbitration for Sport gives the following advisory opinion:
Question 1.- :
The use of pharmaceutical substances which are not expressly prohibited by sports law, and which cannot be considered as substances similar or related to those expressly prohibited, is not to be sanctioned by disciplinary measures. However, regardless of the existence or not of any judgement
rendered by a State court, sports authorities are under the obligation to
prosecute the use of pharmaceutical substances which are prohibited by
sports law or any other anti-doping rule violation in order to adopt
disciplinary measures. In such event, any disciplinary action shall take into
account: the substantive norms and rules applicable at the time of the
alleged violation, the “lex mitior” principle, the jurisdiction of the
organisation or body taking such disciplinary action, as well as the statute of
limitations as prescribed by the applicable rules.
Question 2.- :
The use by athletes of pharmaceutical substances which are not included in
the prohibited list, and which cannot be considered as substances similar or
related to those expressly prohibited, is to be investigated by sports
authorities only in order to inform WADA of possible new forms of doping.
With regard to the use of pharmaceutical substances included in the
prohibited list or any other anti-doping rule violation, sports authorities
must resort to all available methods of investigation and must open without
delay a disciplinary proceeding whenever they happen to know of possible
violations from whatever source of information, leaving it up to the
adjudicating bodies to determine whether there is sufficient evidence, in
accordance with the applicable standards of proof, to inflict disciplinary
sanctions.
Lausanne, 26 April 2005
THE COURT OF ARBITRATION FOR SPORT
_________________
ON THESE GROUNDS
The Court of Arbitration for Sport gives the following advisory opinion:
Question 1.- :
The use of pharmaceutical substances which are not expressly prohibited by sports law, and which cannot be considered as substances similar or related to those expressly prohibited, is not to be sanctioned by disciplinary measures. However, regardless of the existence or not of any judgement
rendered by a State court, sports authorities are under the obligation to
prosecute the use of pharmaceutical substances which are prohibited by
sports law or any other anti-doping rule violation in order to adopt
disciplinary measures. In such event, any disciplinary action shall take into
account: the substantive norms and rules applicable at the time of the
alleged violation, the “lex mitior” principle, the jurisdiction of the
organisation or body taking such disciplinary action, as well as the statute of
limitations as prescribed by the applicable rules.
Question 2.- :
The use by athletes of pharmaceutical substances which are not included in
the prohibited list, and which cannot be considered as substances similar or
related to those expressly prohibited, is to be investigated by sports
authorities only in order to inform WADA of possible new forms of doping.
With regard to the use of pharmaceutical substances included in the
prohibited list or any other anti-doping rule violation, sports authorities
must resort to all available methods of investigation and must open without
delay a disciplinary proceeding whenever they happen to know of possible
violations from whatever source of information, leaving it up to the
adjudicating bodies to determine whether there is sufficient evidence, in
accordance with the applicable standards of proof, to inflict disciplinary
sanctions.
Lausanne, 26 April 2005
THE COURT OF ARBITRATION FOR SPORT
_________________
