Vezi raport EN

2022

ACTIVITY

REPORT

CONTENT

FOREWORD                  created by the discrimination act, according to the general rules of the law. The in-

ANALYSIS OF

                          terested person must prove the existence of some facts that allow the assumption of
PETITIONS RECEIVED        some direct or indirect discrimination, while the person against whom the claim was
BY N.C.C.D. IN 2022       made must prove that the facts in question do not represent a form of discrimination.

ANALYSIS OF CASE

PROCESSING BASED

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

ON THE DECISIONS

ISSUED BY N.C.C.D.’S      Thus, through G. O. no. 137/2000, the national lawmaker established tort liability,
STEERING BOARD            alongside administrative-misdemeanour-based liability in the non-discrimination

EXAMPLES FROM THE

                          sector, shaped as a remedy that consists of forcing the “discriminatory agent” to re-
CASE LAW OF N.C.C.D.      pair the inflicted harm, by reinstating the previous situation, by removing all harmful
IN 2022 CONCERNING        consequences of the illegal discriminatory action.

DISCRIMINATION IN AREAS

PROTECTED BY LAW          By regulating the legal proceedings for “civil law sanctions” in the area of non-discrim-
ACTIVITY OF THE CASE      ination, which fall under the exclusive jurisdiction of general courts, the lawmaker’s
INVESTIGATION OFFICE      purpose was to make sure that the proceedings whose subject was “remedy of harm
                          incurred by discriminatory acts and facts”, following the tort liability pathway, should

V. Activity undertaken by the Legal Directorate

ACTIVITY

ACTIVITY UNDERTAKEN

UNDERTAKENBY

BY

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

THE LEGAL DIRECTORATE

DIRECTORATE

bating Discrimination.

THE ISSUE OF

DISCRIMINATION IN          The Council’s de jure participation to court proceedings in such cases is achieved under

ROMANIA REFLECTED

a special standing of ‘institution monitoring discrimination cases’, ‘legal consultant’,

IN INTERNATIONAL

REPORTS

‘expert’ in the non-discrimination sector, thus, without a passive legal standing, there- fore being protected from the operative part of the court decisions issued in these cases.

NATIONAL COUNCIL

FOR COMBATING

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

DISCRIMINATION

IN MASS-MEDIA

                          137/2000 is based on its position as a body safeguarding the compliance with and
                          the implementation of the principle of non-discrimination, according to domestic
FINANCIAL                 legislation in force and the international documents that Romania is a party to, and

AND PERSONNEL

DATA

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