INTERNATIONAL DOPING LAW



Graz, November 21, 2006

The “doping case” Christian Mayrleb has made an international noise in sports law.
In the first instance it´s not the main concern to interfere in pending proceedings, as – according my last known information – the proceedings before the Senat I of the Bundesliga aren´t closed yet (lack of formal and materially legal effect).

We – here in Austria – must not create a “juridical island”, which could result in an international sports legal exclusion of Austria.
We participate in the organisation of the EURO 2008, apply for the Ski World Cup in Schladming 2013, also for the Olympic Games in Winter 2014 in the beautiful city of Salzburg.
Regarding the sporting preparation we deploy all our skills to reach international positive attention.
On the contrary it has to be determined, that we have to struggle with massive international problems in sports law.
Also possible legal consequences resulting from the “case” Christian Mayrleb belong to those difficulties.
It can´t happen, that the “doping file” Christian Mayrleb is – depending on the requirements – judged most different, although the same facts are given:

a) In Austria the Senat I of the Bundesliga has closed the proceedings against Christian Mayrleb;
b) In Germany Christian Mayrleb probably would have been sentenced to a suspension ranging from one to two years according to german jurisdiction;

c) In case of UEFA responsibility (EURO 2008 or Champions League) a suspension of two years at maximum would have been imposed.

These three described scenarios make us to outsiders in doping law and endanger from a sports legal view the realization of above featured large-scale events.

As I have been involved in the creation ot the new “Anti-Doping Law” in Austria, I was able to recognize international “satisfying tendencies “.

This “Anti-Doping Law” (correctly “Bundessportsförderungsgesetz”) has brought us Austrians sports legal acceptance; as far as I`m informed the IOC has also endorsed the establishment of this law.

Now it depends on the particular associations not to ignore international legal relevant standards, but to work up them in a positive way.

We aren´t a “juridical island” in Austria, which creates sport laws at it´s own discretion.

We are obliged to match with international accpeted sports law provisions.
Exactly this neglect makes the “doping case” Christian Mayrleb to a matter of an austrian juridical dispute about acknowledged international remarkable sport laws.

I hope I have pointed out, that referring to this absolute need of action exists regarding to large-scale events.

Therefore I will induce discussion with the competent ministry for sport and the Federal Chancerelly, which could be responsible for sports matters within the new government, immediately after formation of the government .

It has to be a matter of national concern to be able to organise large-scale sports events for our country, whereat the segment of international acknowledged sport laws has not only be reconsidered, but also be implemented.

I hope to be supported by you.
Kind regards,
Dr. Christian Flick

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