IECL Lunchtime Seminar

The fall of defences. Reasonable chatisement annd marital consent before the European Court of Human Rights.

Dr Gianmarco Bondi

The positive obligations doctrine of the European Court of Human Rights (ECtHR) influences the theory of criminal law and especially the choices of criminalisation and punishment. Among the areas of the “general part” of the criminal law, defences are perhaps the most affected by it. Actually, their open structure and interpretation imply that it is necessary to assess their meaning and content also in relation to the European Convention on Human Rights (ECHR), including art. 3 ECHR which prohibits torture and inhuman and degrading treatment. Specifically, the case-law of the ECtHR on the common-law defences of reasonable chastisement and marital consent is evocative of the questions and issues arising from such influence, including those related to the principles of foreseeability and accessibility. The analysis of the said defences in the context of the history of English Criminal Law and of their “fall” after C.R. v. UK and A. v. UK allows to shed light on the scope of application of defences in the theory of criminal law and on the relevance of the case-law of the ECtHR imposing positive obligations on Member States in this field.

Fair Play, Fair Punishment: Propotionality of Sanctions for Doping in Sport

Dr Jan Exner

My topic is the proportionality of sanctions for doping in sports, particularly its European dimension. Proportionality is an internationally recognised general legal principle and the main tool for justifying limitations on human rights. It has a European dimension enshrined in European laws, mainly in the European Convention on Human Rights (ECHR) of the Council of Europe (CoE), the law of the European Union (EU), and the national laws of European states. The European dimension of proportionality is essential for the World Anti-Doping Agency (WADA), a Swiss foundation of private law, which seeks to harmonise anti-doping rules globally through its internal regulation, the World Anti-Doping Code (WADC). Europeanisation of sports law is an ongoing process showing that European laws have dominated sporting regulations, including anti-doping rules. In particular, the European Court of Human Rights (ECtHR), the Court of Justice of the EU (CJEU) and the Swiss Federal Tribunal have consistently reminded anti-doping organisations about respecting the principle of proportionality.

In this context, I have been researching the proportionality of sanctions for doping in sports, focusing on its European dimension, since 2017. I completed my PhD in 2022 with
a dissertation that inspired a book on the topic I am writing for Hart Publishing, to be submitted by September 2025. Below are two results of the ongoing writing process: a table of contents and a sample chapter. I will be most grateful for any comments or suggestions you may have regarding the overall structure or the content of the sample chapter. Explanation of the parts of the chapter highlighted in yellow: The review process of the WADC is underway, with a new edition to be completed in February 2025 and effective from 2027 (WADC 2027). Since my book will be published in the spring of 2026, it will incorporate the new WADC 2027. At this point, there is the first draft of the WADC 2027 that I reflect on in the chapter. I highlighted these parts in yellow as they may be subject to change depending on the outcome of the review process.