Abstrakt
This paper examines the proportionality of sanctions in the World Anti-Doping Code 2021 ("Code 2021"). The author argues that Code 2021 improved the proportionality of sanctions compared to the World Anti Doping Code 2015 ("Code 2015").
Sanctioning framework of Code 2021 introduces several provisions that modify the basic period of ineligibility and the margin of appreciation of hearing panels to reduce, but also aggravate the basic sanction. Since it would be practically impossible to cover all the changes, the author analyses four selected groups of provisions which he considers the most fundamental novelties in terms of proportionality in this paper.
The author claims that the new approach towards sanctioning of the ingestion, use or possession of substances of abuse is more suitable and proportionate compared to the one in Code 2015. In the same way, he considers the creation of two new categories of protected persons and recreational athletes and adjustment of their sanctioning a step forward compared to Code 2015 in terms of both suitability and proportionality.
On the other hand, the author argues that hearing panels need to consider the difference between cheating and mere knowing use to impose a proportionate sanction based on the new definition of intentional presence, use or attempted use or possession of prohibited substances or methods, which abolished the reference to "athletes who cheat". Moreover, he claims that hearing panels should prefer shorter ineligibility over disqualification of only some results to impose a proportionate punishment in case of aggravating circumstances and their combination with the disqualification of competitive results.
Overall, the text of Code 2021 is a good start to the race for the proportionality of sanctions. Nevertheless, hearing panels must keep the pace and ensure proportionate punishments in particular cases.