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The Union Cycliste Internationale: a study in the failure of organisational governance of an International Federation

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Abstract

This article examines recent controversies in the sport of cycling with a focus on the governance of the sport by the Union Cycliste Internationale (UCI). In particular, it examines allegations raised against the UCI in the recent US Postal Service Pro Cycling Team/Lance Armstrong doping investigation by the United States Anti-Doping Authority (USADA). These issues include inadequate administration of anti-doping in the sport by the UCI and improper management of issues as between the UCI and Lance Armstrong. It also examines the governing body’s management of developments since the release of the USADA’s investigation report in October 2012, including the establishment then premature termination by the UCI of the UCI Independent Commission. The separate governance issues of how the governing body has managed conflicts of interest issues and cronyism within the organisation are outlined to illustrate widespread governance problems within the UCI. The article concludes that the UCI requires structural reforms in order to improve its governance practices and suggests a number of measures to bring about this reform.

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Notes

  1. Pat McQuaid, UCI President, quoted by Barry Ryan (2012).

  2. United States Anti-Doping Agency (2012)

  3. Travis T. Tygart (2012).

  4. UCI Press Release (2012), Owen Gibson (2013).

  5. See for example World Bank (2007), Colin Melvin (2003), The Economist Intelligence Unit Survey (2003), The Cost of Compliance (2007).

  6. UCI (2012).

  7. The Festina Affair. See USADA (1998).

  8. Operation Puerto. See USADA Reasoned Decision, 8, 10, 115; This scandal continues to find its way through the Spanish courts: Giles Tremlett (2013).

  9. USADA, Reasoned Decision, Note 2 above, 20, 21, 122, and 131–3.

  10. Ibid, 51–2.

  11. Ibid, 141, 145, and 158–9. It is notable that rather than cooperate with the USADA investigation, the UCI joined with Lance Armstrong in unsuccessfully attempting to block the investigation by claiming that the UCI had sole jurisdiction over the matter. See Lance Armstrong v Travis Tygart and USADA, Case No. A-12-CA-606-SS, US District Court, Texas, 20 August 2012, Sparks J, UCI claims USADA has no jurisdiction in Armstrong case (2012).

  12. Ibid, 144, 160–1.

  13. Ibid, 160–1.

  14. Ibid, 129.

  15. Verbruggen denies responsibility for cycling’s problems (2013), Verbruggen was UCI President from 1991 to 2005 during the era Armstrong won 7 Tours de France. He continues as UCI Honorary President and as a member of the UCI Executive Committee.

  16. Pat McQuaid quoted by Barry Ryan, Note 1 above.

  17. WADA Code, Article 20.3.9.

  18. International Olympic Committee (2011).

  19. See Reasoned Decision, Note 2 above, 15–6.

  20. UCI, The biological passport and the UCI’s anti-doping measures, available at http://www.uci.ch/Modules/BUILTIN/getObject.asp?MenuId=MTk3OA&ObjTypeCode=FILE&type=FILE&id=NDY4MjA&LangId=1.

  21. USADA, Reasoned Decision, Note 2 above, 133.

  22. Ibid, 133. See also 20, 122, 131–3.

  23. UCI actions not those of effective anti-doping programme, WADA says (2013).

  24. Samantha Lane (2013).

  25. Stephen Farrand (2010b).

  26. Stephen Farrand (2010a).

  27. See UCI Management Committee Meeting Minutes (2010).

  28. Stephen Farrand Note 25 above.

  29. See UCI Management Committee Meeting Minutes (2010).

  30. Stephen Farrand, Note 26 above.

  31. See UCI Management Committee Meeting Minutes No D139, Note 27 above.

  32. Pat McQuaid, quoted by Stephen Farrand, Note 28 above.

  33. Stephen Farrand, Note 26 above.

  34. See USADA Reasoned Decision, page 53.

  35. See Laura Weislo (2012). See for example the preceding French law enforcement Activogen investigation (Reasoned Decision pages 42–5 and 147–8), the SCA Promotions dispute (Reasoned Decision page 146–7) and the Filippo Simeoni/Armstrong dispute (see Reasoned Decision page 149), all of which were ‘public’ before or during 2005.

  36. This arrangement itself involved a significant conflict of interest: see Lloyd Freeburn (2012a).

  37. USADA, Reasoned Decision, Note 2 above, 82–87.

  38. UCI Independent Commission (2012).

  39. Rupert Guinness (2012).

  40. These fees are rumoured to have been $2 million: see Val Migliaccio (2012).

  41. See Note 39 above.

  42. UCI Press Release (2012).

  43. UCI Press Release (2012).

  44. UCI Independent Commission, Note 38 above.

  45. UCI to introduce doping amnesty? (2012).

  46. Barry Ryan, Note 1 above.

  47. UCI (2013). See also Barry Ryan (2013).

  48. UCI Press Release (2013).

  49. See UCI Press Release (2013). See John Fahey (2013).

  50. See Barry Ryan, Note 47 above.

  51. Upon its disbandment, the UCI Independent Commission issued a press release that, amongst other things, criticised this lack of cooperation: UCI Independent Commission Press Release (2013).

  52. WADA President John Fahey said “WADA has always been ready and available to discuss any program. WADA is on record stating this as far back as October 2012. … Had the UCI approached WADA to discuss such an amnesty then it would have been advised that such a process would be possible to implement with the approval of WADA’s Foundation Board. The President of the UCI was present in his capacity as a then member of the WADA Foundation Board at its meeting in November 2012 and did not raise the issue.”: http://www.cyclingnews.com, WADA contends it was never consulted on amnesty (2013).

  53. UCI Independent Commission Press Release (2013).

  54. The unilateral termination of the Independent Commission was described by WADA as ‘arrogant’ and ‘deceitful’ See Note 49 above.

  55. Ibid.

  56. The UCI Independent Commission expressed concern about this issue itself in its Press Release issued on its disbandment: see Note 53 above.

  57. See Article 4—Object, WADA (2009).

  58. WADA (2009). The Code is incorporated into the UCI Cycling Regulations: UCI (2012).

  59. Ibid, Article 20.7.2.

  60. See Note 17 above and accompanying text.

  61. WADA Code, Note 58 above, Article 2.

  62. UCI (Constitution 2010), Article 47.

  63. Lloyd Freeburn (2012b).

  64. See UCI website: http://www.uci.ch/templates/UCI/UCI1/layout.asp?MenuId=MTI2Njc&LangId=1

  65. See for example UCI (2011).

  66. See for example UCI, UCI Management Committee Meeting Minutes 2010 and 2011, ibid.

  67. UCI, UCI Cycling Regulations, Regulations 1.1.002, 1.1.006, 1.2.019, http://www.uci.ch/Modules/BUILTIN/getObject.asp?MenuId=MTY2NjU&ObjTypeCode=FILE&type=FILE&id=34033&LangId=1.

  68. Ibid, Regulations 2.10.002, 2.10.008.

  69. Ibid, Regulations 1.2.005, 2.1.001, 2.1.005. Regulation 2.1.001 provides: ‘UCI WorldTour events are entered on the UCI WorldTour calendar by the Professional Cycling Council. The management committee of the UCI enters the other events of the international calendar in one or another class in accordance with the criteria which it shall draw up.’

  70. The Inner Ring (2011). See also Alex Duff (2012).

  71. Alain Rumpf, Director of GCP and UCI official, quoted on (2011).

  72. Pat McQuaid, UCI President quoted by Callum Murray (2011).

  73. UCI Management Committee Meeting Minutes No. D139, Note 27 above.

  74. Ibid.

  75. UCI, UCI Rules of good governance, Note 6 above.

  76. UCI Management Committee Meeting Minutes, Note 27 above.

  77. The Inner Ring (2010a), b.

  78. UCI Management Committee Meeting Minutes No. D140, Note 29 above.

  79. Lloyd Freeburn, Note 63 above.

  80. See for example Change Cycling Now, http://www.changecyclingnow.org.

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    Lloyd Freeburn

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Freeburn, L. The Union Cycliste Internationale: a study in the failure of organisational governance of an International Federation. Int Sports Law J 13, 71–81 (2013). https://doi.org/10.1007/s40318-013-0007-3

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