Dans le message de news:[email hidden],
Ted van de Weteringe <[email hidden]> a réfléchi, et puis a
déclaré :
Quoted message said:Ryan Cousineau said:Quoted message said:stage, riders may have to choose between refusing a drug test or
dropping out of Paris-Nice.
Oh, I bet the ASO would _love_ to take anything that stupid to the
Court of Arbitration for Sport. I doubt pulling that sort of [censored]
couldn't survive even the simplest Natural Justice test. Sandy?
Whachutalkinbout? As a rider, I'd like those odds: either refuse the
dope test or drop out of the race.
I am troubled that there might be any impression that the TAS has justice as
a goal. Most tribunals, governmental or private (such as an ICC panel)
refer to a body of public law chosen by the parties to the arbitration. A
TAS
panel is not obligated in this way. Its entire purview is the application
of private regulation to a dispute. These private regulations, in our
sport, are those of the UCI, explicitly. If, for example, a national
federation comes to a decision that the UCI does not approve, the UCI may
bring the federation's decision to the TAS under appeal. The idea that
having "hearings" that follow some procedural norms, then the option of an
"appeal" to a "Court" or "Tribunal" at an "Arbitration" falsely leads one to
think that there is conventional jurisprudence at work, when this is
entirely not the case.
For those who followed the Landis matter (I did), one could have an
impression that the panel was circumspect in conducting the process. I
applaud their efforts, but I want to remind that they had already undertaken
to apply rules which IMHO are abominably warped in favor of punishment, with
all
presumptions falling in favor of finding violations, regardless of
procedural anomalies. I won't find fault with the result nor with the
correctness of the panel. But the entire process is loaded to convict, and
the TAS is designed to confirm convictions, not to do any sort of Natural
Justice.
What has been only modestly challenged is whether the TAS is the type of
private arbitral environment whose decisions may be honored internationally
in courts of law. The lawyer Kashechkin had, then fired, is the only one
who has brought such
a challenge, successfully, when it came to employment practices, and that
has changed a great deal in the world of international football.
--
Sandy
Verneuil-sur-Seine FR
"Le Vin est la plus saine et la plus hygiénique des boissons."
- Louis Pasteur
