The anti-doping law is important but needs to be modified in principle. A better balance between criminal law and sports law seems absolutely necessary. This is evident at the hearing in the Bundestag.
Robert Harting will complain, and also in the opinion of legal experts the draft anti-doping law has yet to be thoroughly revised. Professors from renowned German universities and judges referred in the hearing of the Sports Committee of the German Bundestag on Wednesday as well as the representatives of the sport on a surprising number of shortcomings in the draft.
Discus gold medalist Robert Harting urged the lawmakers to changes. “I’m here because I’m scared. I do not feel protected by the law. The conditions that we athletes need do not exist “, the Berliner explained with reference to the proposed offense of possession of doping substances. “My bag is in competitions up to 80 percent of the time without observation,” Harting gave the example and asked how he should prevent anyone slip him illegal drugs.
He wants same as the former hammer throw world record holder Betty Heidler and a “large number of other well-known athletes” – so Harting – take legal action against the proposed law, if the design is not changed. “We know that it is quite difficult. Now we will see how the Sports Committee responds to our concerns, “Harting said after the hearing. “The law is a regulation for us athletes which does not help us internationally. Conditions must be created so that the law is really purposeful “, he added. “The variety of rules for athletes is difficult to manage.”
The mixed feelings of athletes also described athletes’ spokesman Christian Schreiber. “What happens when an active negligence or unknowingly has come into the possession of prohibited drugs? If drugs be foisted so to speak? “He said and presented demands of athletes. This also includes the question of whether, unlike the WADA code exists the right to refuse a doping control. This question is not answered with the designed law.
Also in German sport representatives underlined their concerns about the law draft. The DOSB CEO Michael Vesper criticized the criminalization of self-doping and the “double sanction for one and the same offense”. The crucial problem is the link between criminal law and sports law. This link does not clarify the law. The draft gives rise to many questions without giving answers. “We need to do more, but please the right thing”, called Vesper.
Andrea Gotzmann, the chairman of the National Anti-Doping Agency Nada, is hoping for a “balanced law”, because this would strengthen the fight against doping strongly. Professor Matthias Jahn from the Goethe University in Frankfurt / Main described the draft from a legal perspective as “immature, unclear and disproportionate”.
Andrea Gotzmann, die Vorsitzende der Nationalen Anti-Doping-Agentur Nada, hofft auf ein „ausgewogenes Gesetz“, weil dieses den Kampf gegen Doping nachdrücklich stärken würde. Professor Matthias Jahn von der Goethe-Universität Frankfurt/Main bezeichnete den Entwurf aus juristischer Sicht als „unausgereift, unklar und unverhältnismäßig“.
The second and third readings in the Bundestag on the new law is not planned until after the summer break. Previously it was expected that the anti-doping law comes into force on 1 January 2016.