Vezi raport EN

2023

ACTIVITY

REPORT

FOREWORD

ANALYSIS OF PETITIONS

N.C.C.D.’s decisions in court, instead of comparing them to the total number of deci-                                                           RECEIVED BY N.C.C.D. IN 2023

sions adopted by the Council. This is how one may clearly grasp the most objective                                                        ANALYSIS OF CASES PROCESSED

BY N.C.C.D. IN 2023

and rigorous percentage that should prove the genuine share of N.C.C.D.’s decisions

ANALYSIS OF CASE PROCESSING

that had been quashed or, as applicable, uphold, as a result of a judicial review actually                                              BASED ON THE DECISIONS ISSUED

implemented (cases under trial on the merits/appeal).

BY N.C.C.D.’S STEERING BOARD

EXAMPLES FROM THE CASE LAW

OF N.C.C.D.’S STEERING

Statistical data for judicial proceedings                                                                                                            BOARD DECISIONS

brought in order to trigger tort liability

ACTIVITY OF THE CASE

INVESTIGATION OFFICE

ACTIVITY UNDERTAKEN BY

THE LEGAL DIRECTORATE

INTRODUCTORY NOTE:

THE ISSUE OF DISCRIMINATION

IN ROMANIA REFLECTED IN

Pursuant to art. 27 of G.O. No. 137/2000R, the person who considers himself/herself                                                                 INTERNATIONAL REPORTS

discriminated may submit to the court a claim for damages and remedies in order to                                                   NATIONAL COUNCIL FOR COMBATING

DISCRIMINATION IN MASS-MEDIA

re-establish the situation prior to the discrimination act or to cancel the situation cre-

FINANCIAL

ated by the discrimination act, according to the general rules of the law. The interested                                                            AND PERSONNEL DATA

person must prove the existence of some facts that allow the assumption of some direct or indirect discrimination, while the person against whom the claim was made must prove that the facts in question do not represent a form of discrimination. The case is settled by serving a summons to the Council. Thus, through G.O. no. 137/2000, the national lawmaker established tort liability, alongside administrative-misdemeanour-based liability in the non-discrimination sector, shaped as a remedy that consists of forcing the “discriminatory agent” to re- pair the inflicted harm, by reinstating the previous situation, by removing all harmful consequences of the illegal discriminatory action.

                                                                                             VI Activity undertaken by the Legal Directorate                     47