Vezi raport EN

of discrim- of dignity based on the gender criterion, create a ination were committed pursuant to Art. 2 para .1 degrading, offensive environment and represent an and Art. 15 of the Anti-discrimination Law and or- act of discrimination. dered an administrative sanction against the author of these statements by applying a fine amounting to 42 Also, the statements made on a national TV station 15,000 lei, respectively 10,000 lei.  III Examples based on case-law of findings made by N.C.C.D.’s Steering Board 2021 | ACTIVITY REPORT Decision No. 44 of 20 January 2021 of such statements by applying a fine amounting to 8,000 lei. Statements made during a video material posted on a social network which support the idea that Romanian Decision No. 551 of 14 July 2021 citizens only exert features such as “scum, idiots, traitors, cowards, filthy, dirty, illiterate, wretched, Statements made during a taped interview regard- drug-addicts, retarded” or that they represent “an ing the Hungarian people, in general, by referring inferior people” and “the most backward” or “the to the fact that Hungarians are “frustrated people, most retarded people in Europe”, as well as sim- and these frustrations make it impossible for them ilar references made toward Romanian citizens to stand anyone else by their side” represent an act from different minority groups represent an act of of discrimination. discrimination. Presenting lack of tolerance as a feature of an entire Such statements of a general nature pass on a mes- nation, without making a distinction between peo- sage of incitement to hatred and intolerance, as ple who are actually promoting racial hatred and such labelling contributes to creating a hostile and those who do not accept such an ideology is prone defaming environment against Romanian citizens. to create a hostile, offensive environment against a community of persons living in Romania. N.C.C.D.’s Steering Board found that acts of discrim- ination were committed pursuant to Art. 2 para. 1 N.C.C.D.’s Steering Board found that acts of discrim- and Art. 15 of the Anti-discrimination Law and or- ination were committed pursuant to Art. 2 para. 1 dered an administrative sanction against the author and Art. 15 of the Anti-discrimination Law and or- 43 dered an administrative sanction against the author  III Examples based on case-law of findings made by N.C.C.D.’s Steering Board 2021 | ACTIVITY REPORT of such statements by applying a fine amounting to Such expressions led to general statements, to insults 5,000 lei. and also to the creation of an intimidating and hos- tile framework, based on the ethnic group affiliation Decision No. 802 of 03 November 2021 criterion. In this case, the courts found that the use of terms such as “Gypsy” and “ugly Gypsy” represents The statements made during a televised press con- an act of discrimination. ference by introducing a person mainly through the perspective of the ethnic group that the person N.C.C.D.’s Steering Board found that acts of discrim- belongs to, by using the term “Gypsy” as a form of ination were committed pursuant to Art. 2 para. 1 incitement or challenge and by inducing the idea of and Art. 15 of the Anti-discrimination Law and or- superiority compared to that person represent an dered an administrative sanction against the author act of discrimination. of such statements by applying a fine amounting to 5,000 lei. 44  2021 ACTIVITY REPORT IV Activity of the Case File Investigation Office 45  IV Activity of the Case File Investigation Office 2021 | ACTIVITY REPORT In 2021, the Case File Investigation Office continued In 2021, the Case File Investigation Office received to centralize cases where administrative fines had 68 files from the N.C.C.D.’s Steering Board in order been issued and also to follow up on the current phase to notify the fines to the competent tax authorities. of proceedings related to N.C.C.D.’s decisions taken Also, the Legal Affairs, Litigation and Expert Reports in the above-mentioned cases. In such cases where Unit sent 18 files to the Investigation and Review the N.C.C.D. decisions were not challenged in front Unit/Case Investigation Office for the same purpose, of courts having jurisdiction, the Case Investigation as a result of N.C.C.D.’s decisions being rendered Office notified the competent tax authorities, in order final and enforceable. to enforce the decisions taken by the Steering Board where administrative fines had been issued. 6818 46  IV Activity of the Case File Investigation Office RURAL AREA 2021 | ACTIVITY REPORT 5 / 14% *36 files (a file was investigated in both rural and urban areas) URBAN 32 / 86% 47 CLASSIFICATION OF THE INVESTIGATED FILES ACCORDING TO THE RURAL OR URBAN ENVIRONMENT IN WHICH THE ALLEGED ACT OF DISCRIMINATION TOOK PLACE  IV Activity of the Case File Investigation Office 2021 | ACTIVITY REPORT NORTH-WEST BUCHAREST AND ILFOV 7% 63% North-West Bucharest and Ilfov 3 North-East 1 29 WEST 4% Center West 0 2 SOUTH-WEST OLTENIA South-Muntenia South-East 5 4% South-West Oltenia 4 2 SOUTH-MUNTENIA 11% SOUTH-EAST NORTH-EAST *36 casefiles and 9% 46 investigations 2% (some casefiles required multiple verifications) 48 DISTRIBUTION OF INVESTIGATIONS PERFORMED IN 2021 PER DEVELOPMENT REGION  IV Activity of the Case File Investigation Office NATURAL 2021 | ACTIVITY REPORT PERSON 31 / 72% *7 casefiles had respondents included in both categories LEGAL ENTITY 12 / 28% 49 CLASSIFICATION OF INVESTIGATED CASES DEPENDING ON THE STANDING OF RESPONDENT AS NATURAL PERSON OF LEGAL ENTITY  IV Activity of the Case File Investigation Office NATIONALITY 2021 | ACTIVITY REPORT NO CRITERION 1 / 3% 10 / 26% *2 cases ETHNICITY operated with 2 discrimination criteria 5 / 13% PROFESSIONAL CATEGORY 1 / 3% POLITICAL CRITERION 3/8% GENDER 4 / 10% OTHERS 2 / 5% RACE 1 / 3% EDUCATION SOCIAL CATEGORY 1 / 3% 1/ 3% DISABILITY SEXUAL ORIENTATION 7 / 18% 2 / 5% 50 CLASSIFICATION OF INVESTIGATED CASES DEPENDING ON DISCRIMINATION CRITERIA  2021 ACTIVITY REPORT V Activity of the Legal Directorate 51  V Activity of the Legal Directorate ACTIVITIES UNDERTAKEN 2021 | ACTIVITY REPORT actions are settled by the National Council for Com- ACCORDING TO SPECIFIC TASKS bating Discrimination through a ‘decision’, which is ENTRUSTED TO THE INSTITUTION a jurisdictional-administrative document. Legal representation of the National The activity of settling disputes which represents the Council for Combating Discrimination subject of the above-mentioned petitions is achieved within a jurisdictional administrative framework, Legal assistance and representation of the interests of following a specific special procedure which includes the National Council for Combating Discrimination, the fundamental characteristics of the special ad- in litigations whose subject is included in the scope ministrative jurisdiction: optional and gratuitous of legal verifications and due diligence procedure nature of jurisdiction, functional independence of applied to decisions taken by the Steering Board, as the jurisdictional authority, compliance wi