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Aug 24, 2010
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Its only a matter of time that the current 'fight' against doping like WADA is doing it at the moment will be judged by the European Court and deemed in conflict with our laws.

In Belgium there are two cases at the moment, one by Iljo Keisse & one joint case by tenisplayers Malisse & Wickmayer. The Malisse-Wickmayer-case will also be fought before the European Courts and i leaves little doubt Wada's current 'fight' against doping will not stand.

If you take Keisse's case for example, he was acquitted by a Belgian Sportcourt but Wada (a third party in this case) appealed with CAS and Keisse was convicted there to a two-year suspension. Only in sports, in doping cases can a third party, a foreign private organisation (Wada), appeal a decision that was made by a national court abroad before a foreign court (CAS) in another language. European Laws state that any appeal first must be made with national courts, only if all judiciary routes are exhausted can anyone go to international courts. At least thats how it is in all other aspects of society.

I'm against doping but Wada isn't above our laws and its only a matter of time before we will see something similar as the Bosman-arrest for the fight against doping.
 

Dr. Maserati

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Mich78BEL said:
Its only a matter of time that the current 'fight' against doping like WADA is doing it at the moment will be judged by the European Court and deemed in conflict with our laws.

In Belgium there are two cases at the moment, one by Iljo Keisse & one joint case by tenisplayers Malisse & Wickmayer. The Malisse-Wickmayer-case will also be fought before the European Courts and i leaves little doubt Wada's current 'fight' against doping will not stand.

If you take Keisse's case for example, he was acquitted by a Belgian Sportcourt but Wada (a third party in this case) appealed with CAS and Keisse was convicted there to a two-year suspension. Only in sports, in doping cases can a third party, a foreign private organisation (Wada), appeal a decision that was made by a national court abroad before a foreign court (CAS) in another language. European Laws state that any appeal first must be made with national courts, only if all judiciary routes are exhausted can anyone go to international courts. At least thats how it is in all other aspects of society.

I'm against doping but Wada isn't above our laws and its only a matter of time before we will see something similar as the Bosman-arrest for the fight against doping.

The 'KBWB' are not a "national court" - they are the Belgian Cycling Federation - and if WADA believe they have not handled the Keisse incident correctly, WADA are allowed to appeal to CAS.

Which is exactly what Keisse agreed to when he took a licence with the KBWB.
 
Aug 4, 2009
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WADA are above the law if you sign an anti doping contract and that is the only way you can join a club affiliated with UCI.

You aggree to have all matters dealt with in CAS which is expencive for the amature riders where you could use a simple free truibunal in most cases.

However for example if you apply to WADA for such as a TUE theriputic use exemption for EPO prior to joining a UCI club and WADA refuse then WADA would be breaking the law .

They are preventing you joining a club.
In most western countries they have a human rights act such as anti discrimination.

So if You are taking a medication for a Attribute (dissibliity) EPO for Kidney issues WADA stop you Cycling the WADA are breaking the Law and can face compensation.

If you are using a banned substance without a TUE you are breaking the law just being in posetion of that substance.

Most countries have signed the WADA convention is 2006

One day someone will invent a hormone that will grow brain cells in WADA and UCI exec but untill then we live in hope.
 
Aug 24, 2010
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Dr. Maserati said:
The 'KBWB' are not a "national court" - they are the Belgian Cycling Federation - and if WADA believe they have not handled the Keisse incident correctly, WADA are allowed to appeal to CAS.

Which is exactly what Keisse agreed to when he took a licence with the KBWB.

you're missing the point, even if Keisse 'agreed' when he took a licence this way of doing things is in conflict with Belgian and European Laws and its only a matter of time a judge will make this quite clear. Sporting federations aren't above this.
 

Dr. Maserati

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Mich78BEL said:
you're missing the point, even if Keisse 'agreed' when he took a licence this way of doing things is in conflict with Belgian and European Laws and its only a matter of time a judge will make this quite clear. Sporting federations aren't above this.

No-one is above the law.

What 'Law' in Belgium or Europe does 'it' conflict?
 

Barrus

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Mich78BEL said:
you're missing the point, even if Keisse 'agreed' when he took a licence this way of doing things is in conflict with Belgian and European Laws and its only a matter of time a judge will make this quite clear. Sporting federations aren't above this.

As of now, to my knowledge, none of the appeals brought to the European Court of Justice, or the European Court of Human Rights, that concerned the WADA and the anti-doping regime were even seen as warranting any review by any of these courts.
 
Aug 4, 2009
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Are WADA getting involved in issues that are out of their boundry in some countries doping is fraud but that is not for WADA to challenge its up to the local police.

What was writen in the 2006 WADA convention it is in most countries and it dose give them some unusual powers.

Dose anyone know where we can see this peice of law I have searched the Australian law the ASADA act etc but it is not clear.
 
Aug 24, 2010
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Barrus said:
As of now, to my knowledge, none of the appeals brought to the European Court of Justice, or the European Court of Human Rights, that concerned the WADA and the anti-doping regime were even seen as warranting any review by any of these courts.


the cases i have mentioned still have to be brought before the European Courts
 
May 26, 2010
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brianf7 said:
Are WADA getting involved in issues that are out of their boundry in some countries doping is fraud but that is not for WADA to challenge its up to the local police.

What was writen in the 2006 WADA convention it is in most countries and it dose give them some unusual powers.

Dose anyone know where we can see this peice of law I have searched the Australian law the ASADA act etc but it is not clear.

i was wondering there for a minute what language you were communicating in, now i know:D
 
Aug 24, 2010
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Dr. Maserati said:
No-one is above the law.

What 'Law' in Belgium or Europe does 'it' conflict?

for example, Wickmayer-Malisse were sentenced to a one year suspension by a Belgian Sporting Tribunal, normally the only chance for an appeal was with CAS, our laws state that everybody should be able to appeal in its own country, in its own language and that third parties (like WADA) shouldn't be able to intervene, thats why a civil judge lifted the suspension by the two tennisplayers
 

Barrus

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Mich78BEL said:
for example, Wickmayer-Malisse were sentenced to a one year suspension by a Belgian Sporting Tribunal, normally the only chance for an appeal was with CAS, our laws state that everybody should be able to appeal in its own country, in its own language and that third parties (like WADA) shouldn't be able to intervene, thats why a civil judge lifted the suspension by the two tennisplayers

Could you perhaps provide a link to the judgment, the only thing I can find about it is due to a preliminary measure in a "kort-geding" procedure, without the actual reasoning by the court. And that the real decision still needs to be made in an in-depth procedure
 
Aug 24, 2010
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Barrus said:
Could you perhaps provide a link to the judgment, the only thing I can find about it is due to a preliminary measure in a "kort-geding" procedure, without the actual reasoning by the court. And that the real decision still needs to be made in an in-depth procedure


you're wright, the actual procedure still has to take place

i do now that recently the Belgian 'Raad van State' declared itself eligeble to make judgement in such cases

more insight in the matter (if you can read dutch..)

http://www.nieuwsblad.be/article/detail.aspx?articleid=T22U0QPH
 

Barrus

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Mich78BEL said:
you're wright, the actual procedure still has to take place

i do now that recently the Belgian 'Raad van State' declared itself eligeble to make judgement in such cases

more insight in the matter (if you can read dutch..)

http://www.nieuwsblad.be/article/detail.aspx?articleid=T22U0QPH

Still that does not give any insight into the legal argumentation. There is also the fact that this proceeding will continue until the highest judge available and will probably either pose a question to the ECJ or they will continue to the ECHR. I'm really interested with what they will do.

Also the reference of the writer about the Bosman-case is quite honestly completely misplaced and has absolutely no bearing on the case

But about the ECHR, can anyone confirm, as far as I recall Rasmussen called for a judgment about the where-aboluts system, but this request was thrown out without real consideration of the facts. Am I completely wrong in recalling this? Because I can't seem to find anything about it anymore