Anti-Doping Provisions and the Liberty Interests of Athletes
Hamburg, 9 December 2011 – The last two years have witnessed athletes in Germany as well as other nations stage notable protests against the reporting requirements imposed on athletes in the fight againt doping in professional sports. These requirements are based on revisions to the 2009 Code of the World Anti-Doping Agency (WADA). According to the regulations of the Code, athletes in various sporting fields are required to give advance notice of their place of residence over the course of a three-month period and designate a 60-minute daily window during which a drug test can be performed. These regulations assumed binding effect in effect in Germany via the implementation of the WADA-Code in the regulations of the National Anti-Doping Agency (NADA).
Affected athletes perceive in the reporting duties an infringement of their individual rights. Also many football associations, including the World Football Association (FIFA) and the German Football Association (DFB), have taken a critical view of the regulations. Where the exercise of power by controlling sporting agencies leads to a restriction of the fundamental rights of athletes - rights having an indirect application as between private parties - a justification is required. A starting point for such a justification could perhaps be established in the compelling need to maintain the function and integrity of sporting activities. Yet while this may represent a legitimate goal, there exists considerable doubt as to the need and suitability of the provisions in question. Additionally, the reporting duties present a number of problems in regards to information protection regulations.
The Forum on International Sports Law of the Max Planck Institute for Comparative and International Private Law and the Max Planck Institute for Foreign and International Social Law is holding a symposiumon 12 December 2011
on the topic of "Anti-Doping Provisions and the Liberty Interests of Athletes" at the Max Planck Institute for Comparative and International Private Law in Hamburg.
The main address at the symposium will outline the legal landscape framing the relevant issues. Short statements will then be offered by representatives speaking on behalf of affected clubs, associations and professional athletes. A roundtable discussion and an opportunity for questions will conclude the evening symposium.
Speakers and Discussion Participants
Reinhard Zimmermann – Opening Greeting
Prof. Dr. Dr. h. c. mult. Reinhard Zimmermann FBA FRSE is Managing Director at the Max Planck Institute for Comparative and International Private Law in Hamburg.
Martin Nolte – Opening Address
Prof. Dr. Martin Nolte is Professor of Sports Law at the Institute of Sport Economics and Sport Management at the German Sport University Cologne. He participated as the official expert on numerous hearings of the German Parliament's athletic committee and served as a member of the board of directors as well as the provisional head of the National Anti-Doping Agency (NADA), where he now leads the legal commission and serves as a consulting board member.
Ulrich Becker – Discussion Leader
Prof. Dr. Ulrich Becker LL.M. (EHI) is Managing Director of the Max Planck Institute for Foreign and International Social Law in Munich as well as an Honorary Professor at the Ludwig-Maximilians-Universität München.
Christoph Becker – Comments
Christoph Becker, lawyer and journalist, is sportspage editor of the Frankfurter Allgemeinen Zeitung's online site (FAZ.net).
Johannes Caspar – Comments
Prof. Dr. Johannes Caspar, lawyer and lecturer at the University of Hamburg, is the Hamburg respresentative for privacy protection and freedom of information.
Andreas Thiel – Comments
Andreas Thiel, former German handball goalkeeper, is an attorney in Cologne, abitrator with the German Arbitral Body for Sports and legal advisor for the Handball-Bundesliga.
Silke Kassner – Comments
Silke Kassner is a successful German canoeist, athlete representative in the German Olympic Federation and a supervisory board member of the National Anti-Doping Agency (NADA).
Press and Media Contact:
Monika Lehner
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Forum on International Sports Law | http://www.forumsportrecht.de |
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Prof. Dr. Dr. h. c. mult. Reinhard Zimmermann FBA FRSE | http://cms-mpipriv.mpil.de/.../ww/en/pub/staff/zimmermann_reinhard.cfm |
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Max Planck Institute for Foreign and International Social Law | http://www.mpisoc.de |
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m.lehner@mpipriv.de | m.lehner@mpipriv.de |
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www.mpipriv.de | http://www.mpipriv.de |
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www.mpg.de | http://www.mpg.de |
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www.youtube.com/user/MaxPlanckSociety | http://cms-mpipriv.mpil.de/...://www.youtube.com/user/MaxPlanckSociety |