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After two days of the decision of the CAS in Lausanne on the disqualification of Carolina Kostner, & egrave; should deepen as we have come to the conclusion. At the same time, notwithstanding the willingness & agrave; dell''atleta, you can not & ograve; rule out the presence in the European Championships in Bratislava. There are, in fact, a couple of precedents that could be taken into account to try to break down the 'obstacle represented by the minimum technical score.
Wednesday 7 October 2015 17 minutes reading time
NOTES ON THE DECISION OF SCATTERED TAS
Many people wonder how it was possible that, despite an increase in the Disqualification from 16 to 21 months, Carolina Kostner will return to compete on the first day of January 2016, instead of & eacute; halfway & agrave; May 2016 as originally planned.
The key figure in the affair Legal & egrave; in effect the 'lawyer Mario Gallavotti, who, at the beginning of summer, has taken up the case of the South Tyrolean skater and, after speaking with the direct question, you & egrave; He realized that the obsession and the 'only goal was to return to training without worries and compete as soon as possible.
At that point, & egrave; radically changed the defense strategy and & egrave; failed the will & agrave; to appeal to CAS continued to proclaim the & rsquo; s innocence & rsquo; athlete, long widely contradicted by the facts. In particular, the lawyer explained to Kostner as the & rsquo; any appeal would be time-consuming and above all a happy ending at all obvious, considering that Wada and Procura Antidoping of CONI had appealed to CAS for a & ldquo; regression & rdquo; the sentence of 16 months.
L & rsquo; idea Gallavotti & egrave; It was to have recourse to an article of the WADA Anti-Doping Code that, in the event of delays in the proceedings can not be attributed to the & rsquo; athlete, provides you could ask a backdating of the sentence. It & rsquo; perci & ograve; It began a long negotiation with WADA and anti-doping prosecutor of CONI, which at the end of & rsquo; process has assumed the name of NADO. As so often it happens in these cases, you & egrave; reached a compromise represented by twenty-one months out, three less than twenty-four of the required minimum desired by WADA, and at the same time by backdating the start date of the disqualification of 31 March 2014, the day that ended the World Championships in Saitama . In fact, there & egrave; practically needed a new confession or admission of guilt as Kostner in recent interrogations had not hidden his complicity & agrave; in & rsquo; & rsquo circumvent; now famous doping control which should have been subjected l & rsquo; then mate Alex Schwarzer. However, in this regard, not & egrave; coincidence that in & rsquo; opening words of the press conference held yesterday, Kostner has reiterated his faults.
The story & egrave ;, however, permanently closed Mondays & Igrave; when the TAS, now aware of the consent of the three parties, issued an award by publishing the decision in nine pages.
ELIGIBILITY '' CHAMPIONSHIPS ISU (European and World)
The game now moves on another front, considering that Carolina Kostner has publicly announced the & rsquo; intention of returning to racing.
The current regulation is binding participation in the so-called ISU Championships to achieve the so-called "technical minimum" (minimum TES) at least twenty-one days before the & rsquo; event in question. The minimum technical standards for the European totaled 20 points for the short program and 36 for the free program, while for the World Cup go up respectively to 27 and 47. However, in the recent past, there have been a few exceptions.
A) The pi & ugrave; recent came last season when the first race of & rsquo; year, held in Torun, & egrave; It was deemed still valid to store minimum technical although it has completed sixteen days before the & rsquo; beginning of the European Championships in Stockholm. In this case the & ldquo; all free & rdquo; & Egrave; came because of the cancellation of a race that was supposed to play a few days before in Bratislava (New Year & rsquo; s Cup).
B) The second exception & egrave; much more & ugrave; interesting and regards Evgeni Plushenko. In January 2012, the champion of St. Petersburg took part in the continental event in Sheffield winning it. However, before the & rsquo; & ograve event participant; by choice in any tender to obtain the minimum technical. At the request of the Russian Federation, the & rsquo; ISU (International Skating Union) & nbsp; he decided to resort to a regulatory exemption allowing the participation of & rsquo; athlete. Moreover, in the 2011/2012 season, there was no requirement that the minimum technical score was obtained at least 21 days before the & rsquo; event of the case. In this regard, we recall the statement of Alexei Mishin, Plushenko's technical and historical mentor, who, in the light of history and the value of his pupil, def & Igrave; offensive requesting minimum technical cos & Igrave; low and certainly trivial for a skater of that level.
Ci & ograve; Accordingly, & egrave; should go to the & rsquo; topical & agrave; of today.
The next edition of the European Championship is disputer & agrave; in Bratislava between 27 and 30 January and, in particular, the short-female program will be held & agrave; Wednesday & Igrave; Jan. 27. Consequently, in accordance with the Regulation, Jan. 6 would become the & rsquo; last day to obtain the minimum technical standards. However, calendar in hand, the first race where Kostner could participate & egrave; the & ldquo; Mentor Nestl & egrave; Cup & rdquo; Torun, scheduled between 6 and 10 January. This means that the presence in the continental event would be precluded.
D & rsquo; the other hand, as was done for Plushenko, gi & agrave; six-time European champion before the race in Sheffield, not & egrave; be ruled out that, prior request to be granted an exemption also Kostner, winner of five exhibitions continental and continuously on the podium between 2006 and 2014. If so & Igrave; were, the problem would not arise even create a dangerous precedent, given that the previous gi & agrave; exists.
Beyond the & agrave; these dissertations, which some would call enlightened spin doctors from & ldquo; & rdquo ;, pettifogger remains to be seen what will & agrave; the real willingness & agrave; s & rsquo; athlete. Moreover, there & egrave; can give a definite answer, but, in the press conference yesterday, a specific question about the presence in the World Championships in Boston, Kostner has annotated: & ldquo; You can not & ograve; thinking to crush the play button and automatically be ready. There are many steps to take before. I still have to think about new programs and I would not repeat something already & agrave; seen & rdquo ;.
Obviously, in the presence of the availability & agrave; dell''atleta, will & agrave; Italian ice sports federation to have to make the appropriate moves.
The home match should, however, be much more & ugrave; simple. In the past, skaters from FISG placed in so-called "category and & Igrave, you" could take part in the ISU Championships without having to fight for the top positions in the national ranking. Whereas the regulation should not be changed, the athletes entered in the category el & Igrave; you (Kostner, Righini and Cappellini / Lanotte), if healthy and actually available, may take part in the European Championships without participating previously in other races.
Expect novelty & agrave; ...
& Nbsp;
THE HISTORY OF THE CASE backwards KOSTNER
10/06/2015 - Carolina Kostner: "I dream to participate in the next Olympics"
05/10/2015 - It '' official disqualification of Carolina Kostner terminer & agrave; Dec. 31
10/04/2015 - Radical Turn if Kostner: disqualification may end in under a month
25/09/2015 - Carolina Kostner could renounce the appeal with the CAS
11/09/2015 - No new disciplinary proceedings against Carolina Kostner
14.08.2015 - no sign of abating the Kostner-gate between misunderstandings and superficiality & agrave; to be seen
03/10/2015 - The WADA appeals TAS asking a penalty pi & ugrave; severe for Carolina Kostner
25/02/2015 - Disqualification Carolina Kostner - The CONI anti-doping prosecutor appealed to CAS
20/01/2015 - The case of Carolina Kostner is sailing towards Tas: pros and cons
01/18/2015 - The perch & egrave; the disqualification of Carolina Kostner
01/17/2015 - Carolina Kostner: "It '' tough but I rialzer & ograve; this time"
01/17/2015 - Certainties and doubts about the disqualification of Carolina Kostner
16/01/2015 - Carolina Kostner disqualified for one year and four months
16/01/2015 - & nbsp; The last sull''udienza Carolina Kostner
01/15/2015 - & nbsp; Carolina Kostner to trial in front of the National Anti-Doping Tribunal
12/05/2014 - & nbsp; Date set dell''udienza Carolina Kostner at TNA
02/12/2014 - & nbsp; The eight contradictions at the base of the referral of Carolina Kostner
11/28/2014 - & nbsp; referred Carolina Kostner is likely that a long suspension
21/11/2014 - & nbsp; Alex Schwarzer could have inguaiato Carolina Kostner
31/10/2014 - & nbsp; The prosecutor Doping refer the judgment of Carolina Kostner
14/10/2014 - & nbsp; Interrogation river to Carolina Kostner at the Prosecutor's Office of Bolzano
27/09/2014 - & nbsp; Carolina Kostner no representation after 'hearing at the anti-doping prosecutor
22/09/2014 - & nbsp; Carolina Kostner waiting in doping prosecutor Friday & Igrave; next
20/09/2014 - & nbsp; The last case on Carolina Kostner, speaking of new documents in the possession of the Prosecutor Doping
19/09/2014 - & nbsp; Carolina Kostner deserted the 'hearing at the CONI anti-doping prosecutor
09/17/2014 - & nbsp; In danger medals Carolina Kostner? Unlikely
16/09/2014 - & nbsp; & agrave Carolina Kostner ask; a postponement of the meeting with the Prosecutor doping
09/15/2014 - & nbsp; Fixed 'interrogation of Carolina Kostner at the Prosecution Antidoping11 / 09/2014 - & nbsp; Qualification and inverted commas on the involvement of Carolina Kostner in Schwarzer-gate
09/10/2014 - & nbsp; inhibition spectrum for Carolina Kostner because of doping affair of Schwarzer
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