KEY TAKEAWAYS:
When a case begins in 2026 and continues past January 1, 2027, the 2027 WADA Code transition generally points backward for substance and forward for procedure. The version in force on the date of the alleged violation defines the violation and its consequences, while the procedural rules in force when each step is taken govern how the case moves.
At Global Sports Advocates, we represent athletes in cases that routinely take longer to resolve than the calendar year in which they begin. Below, our international anti-doping attorneys explain how a case that straddles two versions of the Code is handled, where the new rules can help, and where they will not reach.
Table of Contents
What Happens to a Doping Case That Crosses Into 2027?
The 2027 World Anti-Doping Code replaces the 2021 version on January 1, 2027. It does not erase what came before it, and it does not reopen everything that came before it.
Anti-doping rules follow the same two principles most legal systems use when a rulebook changes mid-case. New rules are not applied retroactively. The version in force when the conduct occurred remains the measure of that conduct.
Understanding the Code revision cycle and the eight International Standards helps explain why the two move on different schedules.
Which Rules Follow the Violation, and Which Follow the Calendar?
The most useful way to think about a case that spans both Codes is to sort the rules into two buckets.
Substantive Rules Look Back to the Date of the Alleged Violation
Substantive rules answer what the violation is and what sanctions can be imposed. They include the definitions of the anti-doping rule violations themselves, the burden and standard of proof, the available defenses, and the range of ineligibility.
For a violation that occurred in 2026, these are generally drawn from the 2021 Code and from the implementing rules that the relevant federation or national anti-doping organization had in force at the time. The same logic applies to related consequences, including the disqualification of competitive results obtained around the date of the sample.
Procedural Rules Look to the Date of the Step
Procedural rules answer how the case is handled. They outline who has results management authority, how notice is given, what deadlines apply, how a provisional suspension is challenged, and how an appeal is filed. These generally apply as they stand when the step is taken.
An appeal filed in February 2027 will usually be governed by the appeal rules in force in February 2027, even though the sample was collected months earlier. That matters because the 2027 Code reworks several procedural points, including a uniform appeal deadline and a requirement that a challenge to a provisional suspension be heard by the anti-doping organization before it reaches the Court of Arbitration for Sport.
What if the Substantive Rule Change in 2027 Helps the Athlete?
In some circumstances, substantive rule changes in the 2027 World Anti-Doping Code may benefit an athlete accused of an anti-doping rule violation that occurred before those changes took effect. In those cases, the principle of lex mitior may apply. Under the principle of lex mitior, a later substantive rule may be applied retroactively when it is more favorable to the accused athlete than the rule in force at the time of the alleged violation.
