Vezi raport EN

2023

ACTIVITY

REPORT

FOREWORD

ANALYSIS OF PETITIONS

By regulating the legal proceedings for “civil law sanctions” in the area of non-discrim-                                                        RECEIVED BY N.C.C.D. IN 2023

ination, which fall under the exclusive jurisdiction of general courts, the lawmaker’s                                                     ANALYSIS OF CASES PROCESSED

BY N.C.C.D. IN 2023

purpose was to make sure that the proceedings whose subject was “remedy of harm

ANALYSIS OF CASE PROCESSING

incurred by discriminatory acts and facts”, following the tort liability pathway, should                                                 BASED ON THE DECISIONS ISSUED

be tried in court with the procedural participation of the National Council for Com-

BY N.C.C.D.’S STEERING BOARD

bating Discrimination.                                                                                                                     EXAMPLES FROM THE CASE LAW

OF N.C.C.D.’S STEERING

BOARD DECISIONS

 The Council’s de jure participation to court proceedings in such cases is achieved under                                                              ACTIVITY OF THE CASE
 a special standing of ‘institution monitoring discrimination cases’, ‘legal consultant’,                                                             INVESTIGATION OFFICE

‘expert’ in the non-discrimination sector, thus, without a passive legal standing, there-                                                          ACTIVITY UNDERTAKEN BY

THE LEGAL DIRECTORATE

fore being protected from the operative part of the court decisions issued in these cases.

THE ISSUE OF DISCRIMINATION

Such a participation of N.C.C.D. to the court proceedings based on art. 27 of G.O. No.                                                             IN ROMANIA REFLECTED IN

INTERNATIONAL REPORTS

137/2000 is based on its position as a body safeguarding the compliance with and                                                      NATIONAL COUNCIL FOR COMBATING
the implementation of the principle of non-discrimination, according to domestic                                                         DISCRIMINATION IN MASS-MEDIA

legislation in force and the international documents that Romania is a party to, and                                                                           FINANCIAL

AND PERSONNEL DATA

as a specialised body – owner of the paramount legal expertise required (theory and practice) in the area of equality of rights and non-discrimination. The participation of N.C.C.D. to the court proceedings based on art. 27 of G.O. No. 137/2000R is applicable to all cases, no matter their specific subject (labour litigation, rescission of administrative documents, termination of contracts, denial to answer requests or other claims, emoluments etc.) which are lato sensu associated with the principle of non-discrimination, brought in front of all courts with material and ter- ritorial jurisdiction from all over Romania. During such proceedings, the expert-advisory body (N.C.C.D.), through the specialized staff within the Legal Directorate, may issue, on its own motion, “guidelines-framework

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