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Le traitement juridique d'un fait de dopage

Abstract : When the professionnal sportsman carry out his activity as an employee, he should have a classic work contract subject to the ordinary law. However, the specificity of the sports world further complicate the contractual relationship that the sportsman can have. Indeed, the discontinuity of the contractual relations, resulting of the players’ transfers and loans, or the rules governing sport implimented by the sports authorithies have forced the legislator to adapt himself and to take in account the uniqueness of the sports world. He thus incorporated, through the law of 27th november 2015, a specific fixed-term contract for the professionnal sportsmen and trainers which has put an end to the legal uncertainty. But the specificity of sport is also linked to the delicate balance existing between the purely sporting rules and the state legislation. The anti-doping regulation is a good example of this because it is intended to apply only in the sports world. Therefore, to preserve the fairness during the sport events, is was necessary to define the notion of doping but especially to make the fight international by forcing the different states to adopt the regulations into their legislations. The meeting between these different autorities can explain the complexity of the legal treatment of a doping case. Indeed, the professionnal sportsman will face different procedures who can be in conflict with each other. The first one is the procedure held before the federal justice who can pronounce a sporting sanction. The other contracting partners of the sportsman can also introduce an action to obtain redress for the injury caused. Finally, it is necessary to take in account the possibility that criminal proceedings are taken against the sportsman who is guilty of a doping case.
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Submitted on : Wednesday, December 5, 2018 - 4:41:06 PM
Last modification on : Tuesday, May 28, 2019 - 11:38:02 AM
Long-term archiving on: : Wednesday, March 6, 2019 - 3:58:57 PM


Version validated by the jury (STAR)


  • HAL Id : tel-01945980, version 1


Klaas Tampere. Le traitement juridique d'un fait de dopage. Droit. Université Montpellier, 2017. Français. ⟨NNT : 2017MONTD046⟩. ⟨tel-01945980⟩



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