The Athlete's Biological Passport (ABP) Program - Legal Issues Arising Out of the Application of the ABP in the Light of the Case Law of the Court of Arbitration for Sport (CAS)

Abstract

The Athlete’s Biological Passport Program (ABP) is a new method employed by certain International Federations (IF, IFs) for the detection of anti-doping rule violations, based on the longitudinal profiling of an athlete’s biological markers. This manuscript unfolds certain legal issues related to the Athlete’s Biological Passport (ABP) in the light of the case law rendered by CAS Panels up to the present. It also juxtaposes the ABP to other detection methods and considers the issue of retroactive application of the provisions contained in the Guidelines on the ABP; the application of the principle of Lex Mitior; and the particularities related to the method used as well as the degree of evidence required compared to other “traditional” detection methods.

Keywords: Doping, Athlete's Biological Passport, longitudinal profiling, CAS case law, lex mitior, degree of evidence