Player rights and anti-doping sanctions in the EU: a legal analysis of the compatibility of the ineligibility period under the 2021 WADC with EU law

Abstract

Treball de Fi de Màster: Master in European and Global Law. Curs 2024-2025

Tutor: José Luis Pérez Triviño

This thesis presents a legal analysis of the current anti-doping rules established by the World Anti-Doping Agency, focusing on the default ineligibility period and its compatibility with EU law. It will discuss the rights of players in the sports legal ecosystem in the EU and specifically analyze ifthe default ineligibility period under the 2021 World Anti-Doping Code violates these rights under EU law. While the fight against doping is legitimate, whether the sanctions imposed on individuals are fair and justified under EU law is often debated. The analysis is mainly based on the doctrine developed by the CJEU in the Meca-Medina ruling. The latter is the landmark case, which provides guidance for the future. The Meca-Medina allows restrictions from doping sanctions on an individual’srights if they are inherent to achieve the legitimate objective and proportionate to those objectives. The thesis finds that the proportionality of anti-doping rules is directly linked to the suspension period established in the World Anti-Doping Code. It argues that current default ineligibility periods may go beyond what is necessary to achieve the legitimate objective, therefore violating players’ rights provided by EU law, including economic and fundamental rights. Thus, the proportionality test will be significant for the matter discussed.