The EU, the Revision of the World Anti-Doping Code and the Presumption of Innocence

Abstract

On account of its strict liability principle as well as other rules, the World Anti-Doping Code effectively does not recognise the presumption of innocence (PoI) (in dubio pro reo). This has implications in a number of ways in which the current WADA-led anti-doping system works, which are discussed in this paper, including with reference to the CAS Pechstein case and the recent OLG München ruling in Pechstein. Against this backdrop, the paper revisits the four EU contributions to the revision Code (2011–13) with regards to comments and proposals aimed at ensuring recognition of the PoI. The legal scope and the political scope for these EU contributions are explained by drawing on wider legal, scientific and political debates on anti-doping.