Court of Arbitration For Sport - Jurisprudence

Jurisprudence

In November 2009 CAS decided its first case on athlete biological passports, when it upheld the two year suspension of skater Claudia Pechstein. In March 2011 the court suspended two Italian cyclists, Franco Pellizotti and Pietro Caucchioli, for two years based on evidence from their blood profiles.

In October 2011, in a case affecting the 2012 Summer Olympics, the court declared that a part of the Olympic Charter violated the World Anti-doping Code. The Osaka rule prevented athletes suspended for at least six months for anti-doping rule violations from competing at the Olympic Games following the suspension's expiration. The court later re-affirmed this decision, when it struck down a long-standing by-law of the British Olympic Association preventing the selection of athletes sanctioned for doping. Both the IOC and BOA have responded by campaigning for adding a similar rule at the next update of the Code, which will be in effect by the 2016 Summer Olympics.

The court is reluctant to overturn field of play decisions, though it may do so in cases where there is clear evidence that the officials acted in bad faith.

The court ruled in 2006 that Gibraltar had valid grounds for its application to join UEFA, forcing the organisation to hand it provisional membership. At the next UEFA Congress, however, Gibraltar was overwhelmingly rejected in a vote, due to lobbying from Spain, in defiance of the CAS ruling. In 2010 the Irish Football Association took its case to CAS after FIFA failed to prevent the Football Association of Ireland from selecting Northern-Irish-born players who had no blood link to the Republic. The CAS ruled in favour of the FAI and FIFA by confirming that they were correctly applying the regulations.

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