Contributions to doping proceedings
The Doping Authority is involved with disciplinary proceedings in doping cases. The role of the Doping Authority consists primarily of submitting arguments in doping proceedings and attending hearings. By submitting written arguments, the Doping Authority can state its views on the case and discuss the relevant provisions from the National Doping Regulations (NDR) and the defence arguments of the athlete or other persons. The Doping Authority has submitted written arguments in all proceedings handled by disciplinary bodies in 2017, including appeals, followed in some cases by additional arguments. The Doping Authority was also present at the hearings in all cases.
Article on disciplinary law in the Netherlands
In 2010, the Doping Authority published an article in the Tijdschrift voor sport en recht (Magazine for sports and law) about the current state of disciplinary law in doping cases in the Netherlands. Approximately half of the decisions failed to meet the standards of the World Anti-Doping Code at that time. In 2017, in response to a request from the magazine Tijdschrift voor sport en recht, the Doping Authority looked once again at disciplinary law in doping cases, in part in response to the introduction of the new World Anti-Doping Code in 2015. The conclusion is that disciplinary law in doping cases in the Netherlands has improved considerably, with the most important explanation being the role of the Doping Authority during the disciplinary procedure (standard attendance at hearings), the submission by the Doping Authority of written arguments and the increase in the number of associations affiliated with the Institute for Sports Law (ISR).
The Anti-Doping Policy Implementation Bill (Wuab)
The Anti-Doping Policy Implementation Bill (Wuab), together with the associated explanatory memorandum, was submitted to the Lower House of the Dutch Parliament on 19 September 2016. The Doping Authority made further contributions to the content of this bill and the explanatory memorandum in 2017.
There was also a review of the impact of the switch from the current foundation structure of the doping authority to the new independent governing body, and of the impact of the implementation of, among other legislation, the General Administrative Law Act (AWB), the Open Government (Public Access) Act (WOB; the future Open Government Act (Woo)) and the EU General Data Protection Regulation (which will come into force on 25 May 2018) on the independent governing body.
Structural activities and operations
Our structural operations in 2017 included the provision of general legal services and support within the organisation. This involved preparing and reviewing contracts, letters, memoranda and policy memoranda, and advice for the various departments of the Doping Authority and management.
The structural activities in 2017 also included education and advice for sports associations and, in isolated cases, athletes with respect to the substance, operation and application of the Doping Regulations.