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The Fight against Doping in Sport in Interaction with European Union Law: Proportionality of Ineligibility and Anti-Doping Education
Exner, Jan ; Tomášek, Michal (advisor) ; Ondřejek, Pavel (referee) ; Kornbeck, Klaus Jacob (referee) ; Viret, Marjolaine (referee)
Dissertation: The Fight against Doping in Sport in Interaction with European Union Law: Proportionality of Ineligibility and Anti-Doping Education Author: JUDr. Jan Exner This dissertation researches the interaction between the fight against doping in sport and the law of the European Union. It particularly analyses whether the World Anti-Doping Agency and other anti-doping organizations respect the proportionality of ineligibility for doping and related role of anti-doping education. The findings of this dissertation demonstrate that anti-doping organizations have crossed the borders of their conditional autonomy and good governance under European Union law through breach of the proportionality of ineligibility in interaction with anti-doping education. In particular, it concludes that they underestimate the role of education as an anti-doping element, which interacts with proportionality of ineligibility. Anti-doping education raises awareness, informs, communicates, instills values, and develops life skills and decision-making capability to prevent intentional and unintentional doping and its consequences, including a potentially disproportionate ineligibility. As such, it also enables the deterrence effect of anti-doping rules and sanctions. On top of that, the level of anti-doping education is...
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Proportionality of a four-year ineligibility for the first intentional anti-doping rule violations and its impact on professional athletes' careers
Plevková, Tereza ; Exner, Jan (advisor) ; Štědroň, Bohumír (referee)
Title: Proportionality of a four-year ineligibility for the first intentional anti-doping rule violations and its impact on professional athletes' careers Objectives: The aim of this thesis is to ascertain whether the four-year ineligibility for the first intentional anti-doping rule violations has liquidation impact on professional athletes' careers. Methods: For quantitative research, I have used the electronic interrogation method and for qualitative research the in-depth semi-structured interview. Results: I have found that most athletes really do perceive a four-year ineligibility for the first intentional anti-doping rule violations as disproportionate. Only 24 % of surveyed athletes said that a four-year ineligibility is an appropriate punishment. 82 % of surveyed athletes would end their careers after receiving a four-year ineligibility, and just 30 % of them think that It's realistic to go back to an active career after a four-year break. Moreover, athletes have consistently said that the most crucial obstacles to their return are financial distress, loss of motivation and lack of racing mode. On the basis of these results, I have also developed my own solution to ineligibility for the first intentional anti-doping rule violations. Keywords: proportionality, sanction, ineligibility,...
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