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With the adoption of the European Anti-Doping Convention in 1989 the European continent claimed a flagship role in the fight against doping in sport. Moreover, in one way or another doping appeared on the limited but developing sports agenda of the European Union. Especially in the aftermath of the infamous 1998 ‘Festina Tour’, expectations of the EU’s anti-doping policy were high. As the European Commission was actively involved in the creation of the World Anti-Doping Agency, it seemed that the European Union was willing to take a leading role. However, a lack of legal competence at EC/EU level combined with financial issues at WADA level induced the European Union to moderate its ambitions. Concurrently, the worldwide struggle against doping was strengthened by the adoption of the World Anti-Doping Code at the World Conference on Doping in Sport (Copenhagen, March 2003) which resulted in an International Anti-Doping Convention adopted under the auspices of UNESCO. This paper undertakes an analysis of the EU’s anti-doping policy in a global context and explores the possible legal bases for a more profound action. A preliminary question would be whether the European Union should play a role at all in the fight against doping. The present EU’s anti-doping policy will then be analysed on the basis of the actions that have been undertaken so far. The Union’s possible future role will be outlined in the light of the limited legal competences the Community/Union is endowed with. In addition to the direct policy, the possible consequences of the Union’s indirect involvement in the anti-doping policy will be considered, including whether the Community rules on free movement and competition should be applied to sports regulations and anti-doping regulations in particular. Although this question was brought only rather incidentally before the Community judges in the Meca Medina case, the reasoning of the Court of First Instance may have some influence on the Union’s direct action.

The European Union and the fight against doping in sport: on the field or on the sidelines?