Simon Karlin zur Anti-Doping-Gesetzgebung in Deutschland
Germany’s ‘legal fight’ against anti-doping through recent anti-doping legislation and its potential implications on criminal law and sports jurisdiction
What is the new German anti-doping legislation all about? Which are the potential implications on criminal law and the relationship to sports jurisdiction? Simon Karlin, Associate Counsel at Lentze Stopper Rechtsanwaelte, explains the measures provided and examines potential criminal legal issues, the potential impact on the relationship between criminal proceedings and sports jurisdiction as well as the question whether the new German anti-doping legislation may solve the still hidden doping problem.
A recent survey on doping in international sports reveals that doping even in international and German football is evident – though not yet publicly – anonymously asking 150 football players for their doping/drug consumption – concluding that up to 35 % of German professional football players could have been using doping. By the end of 2015, Germany was the latest country in Europe implementing a specific anti-doping legislation following other European countries making doping in sport a criminal offence, seeking the ‘criminalisation of self-doping of athletes.’ The relevant question at stake is: Is the criminal law a suitable measure to fight anti-doping? And what are the potential implications on the relationship between criminal proceedings and sports jurisdiction?