New law in Spain to fight doping

Such bill has already initiated its parliamentary procedure. With this new Law, the Spanish legislation will be totally adapted to the normative and means of repression of doping which can be found in the WADA Antidoping Code. For the writing of such normative, the Spanish government has been supported with the participation and consensus of WADA. Within the main novelties found in the Law, the new status of the Spanish Agency of Protection of Athletes’ Health is quite remarkable. It will certainly be an independent authority in charge of the planning and execution of doping testing within national competitions. As well it will be responsible for procedures, investigation and resolutions of case files concerning athletes with Spanish license within competitions organized by Spanish authorities. The text includes a strong tightening of sanctions regarding athletes, clubs, sport teams and Federations. In case of very serious violations affecting athletes, sanctions will range from license suspension, for a period as long as four years, to lifetime ineligibility and a fine worth up to 12.000 euros. In the case of clubs, sport teams and Federations, sanctions for very serious violations could reach up to 400.000 euros of fine, loss of points, the round of positions in the ranking of the classification of the competition, or descending to a lower category. As to the athlete entourage, the law foresees that sanctions could imply license suspension or ineligibility to exercise sports-related positions for a period from four years to lifetime; as well it could imply a fine of up to 400.000 euros. The Law regulates night testing as well. Athletes rest time will be respected and no testing will be done between eleven pm and six am, except for special cases, which shall be properly motivated and explained to the athlete. Otherwise, the athlete could appeal to court complaining for not receiving proper information. The Law foresees the creation of a Court for Arbitration in Sport, which will substitute the current Spanish Discipline Committee. It will include an antidoping specialized section. Its decisions won’t be appealed to the CAS, since it will only affect Spanish sportsmen and events. Another important matter underlined in the Law will be the cooperation between Judicial and Administrative Authorities in the scope of sports. Thus, there is the possibility to request, from judicial authorities, any evidence used in criminal procedures for the instruction of administrative procedures in that scope. The Judge may decide whether or not to give such evidence in. However, he must provide a reasoned answer implying adequate respect of the principle of proportionality. I would like to remark, that this new Law frames fight against doping in an extremely more extended way. The phenomenon of doping is considered as the element of a far bigger reality, as is the protection of athlete’s health. Hence it includes measures such as the establishment of a Health Support Plan to detect any risks in athlete’s health and provide an optimized system of medical examination. The Law will establish a reinforced and renewed system for the enhancement of specialized research development, with regard to health protection, including both purely preventive medical aspects -particularly in certain matters as sensitive as sudden death- , and the need of providing adequate means for doping prevention and detection. Dear friends, I am proud to state that our Law counts with WADA’s total support. Doping will be, by all means, and with all our strength, fought and punished as never before. Consequences for all those implied in doping practices have been extremely tightened to be as much severe as possible. On the other hand, athlete’s rights will be fully respected and preserved. It will, therefore, be our task, as stated in the Law, to dedicate all our indefatigable efforts to detect and prevent doping, a forbidden conduct that can have no place whatsoever within the scope of sporting activity. This new Law provides Spain with an excellent tool to face all this challenges. Thus, the Spanish government is fully committed to implement this Law with the utmost efficacy.