Vezi raport EN

2024

ACTIVITY

REPORT

while the person against whom the claim was made must prove that the facts in question do

FOREWORD

not represent a form of discrimination.

ANALYSIS OF PETITIONS

REGISTERED WITH N.C.C.D. IN 2024

The case is settled by serving a summons to the Council.

ANALYSIS OF N.C.C.D. FILES IN 2024

Thus, through G. O. no. 137/2000, the national lawmaker established tort liability, alongside

ANALYSIS OF CASE PROCESSING

BASED ON THE DECISIONS ISSUED        administrative-misdemeanour-based liability in the non-discrimination sector, shaped as

BY THE N.C.C.D.‘ STEERING BOARD

a remedy that consists from forcing the “discriminatory agent” to repair the inflicted harm,

EXAMPLES BASED ON

CASE-LAW OF FINDINGS MADE BY         by reinstating the previous cases, by removing all harmful consequences of the illegal dis-

THE N.C.C.D.’ STEERING BOARD

                                     criminatory action.
          ACTIVITY OF                By regulating the legal proceedings for “civil law sanctions” in the area of non-discrimination,

THE LEGAL

DIRECTORATE

which fall under the exclusive jurisdiction of general courts, the lawmaker’s purpose was to make sure that the proceedings whose subject was “remedy of harm incurred by discrimi-

DISCRIMINATION-RELATED

  ISSUES IN ROMANIA REFLECTED        natory acts and facts”, following the tort liability pathway, should be tried in court with the

IN INTERNATIONAL REPORTS

procedural participation of the National Council for Combating Discrimination.

NATIONAL COUNCIL FOR

COMBATING DISCRIMINATION

IN MASS-MEDIA

The Council’s legal standing in such proceedings in such cases brought in court, de jure, is

FINANCIAL AND PERSONNEL DATA

that of an ‘institution monitoring discrimination cases’, ‘legal consultant’, ‘expert’ in the non-discrimination field; thus the Council does not operate under a passive legal standing, therefore being protected from the operative part of the rulings issued in such cases. Such a participation of N.C.C.D. to the court proceedings based on art. 27 of G.O. No. 137/2000 is based on its position as a body safeguarding the compliance with and the implementa- tion of the principle of non-discrimination, according to domestic legislation in force and the international documents that Romania is a party to, and as a specialised body – owner

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