Jan Exner – författare

This book offers a comprehensive legal examination of the proportionality of sanctions for doping in sports.Doping violates the level playing field and the spirit of sport and devastates athletes’ health. While punishing those who violate anti-doping rules is essential, the battle against doping should not become a relentless pursuit without redemption. This book offers an innovative look into the proportionality of sanctions for doping, calling for a balanced approach that is both strong and fair.This book examines the World Anti-Doping Code in force from 2027 and changes compared to its predecessors. Some sanctions can be considered proportionate, but some may be excessively harsh. This book delves into the critical areas where punishment might overstep the bounds of proportionality. It analyses cases where sanctions may permanently end athletes’ careers or ignore circumstances surrounding their cases.This book answers one important question:Could a more compassionate approach lead to a cleaner and more humane sport?The book proposes modifications to the current system. By aligning sanctions with the goals of clean sport and allowing room for reform, anti-doping organisations can build a fairer sporting world where second chances are not a forbidden dream.

This book strikes a balance between international sporting governing bodies’ interests and values enshrined in rules regarding sporting nationality on one hand, and athletes’ rights under EU law on the other. It argues that some rules governing athletes’ eligibility in national teams in their current form, notably certain waiting periods, quotas for naturalised athletes or athletes having previously played for another country, and rules prohibiting the change of sporting nationality, constitute a disproportionate restriction on athletes’ rights under EU citizenship, free movement of persons, competition law or fundamental rights. Accordingly, the book subsequently presents concrete recommendations for international sporting governing bodies on how to reconcile their interests and values with the rights that athletes enjoy under EU law. As such, it offers an essential guide for these bodies and their representatives, as well as for athletes, academics and practitioners in the fields oflaw and sports.