Vezi raport EN

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 with the
                         well as in general, is provided by the Legal Affairs,        principles of ensuring the right to defence and safe-
                         Litigation and Expert Reports Department within              guarding the adversarial nature of the proceedings.
                         the Legal Directorate of the Council.
                                                                                      The lawfulness and groundedness test applied to

                         As stipulated by art. 20, para. (9) and (10) of O.G.         the decisions of N.C.C.D.’s Steering Board fall un-
                         no. 137/2000R, in conjunction with the provisions            der the jurisdiction of administrative proceedings
                         of the “Internal procedure for processing petitions          courts (Courts of Appeal, operating as first instance
                         and complaints “published in the Official Journal,           courts, respectively the High Court of Cassation
                         Part. I no. 348 of 06.05./2008, adopted pursuant to          and Justice, as second appeal court), as stipulated
                         art. III, para. 1 – Chapter IV of G.O. no. 137/2000R,        by art. 20, para. (9) and (10) of O.G. no. 137/2000,     52
                         petitions whose subject is related to discriminatory