Vezi raport EN

V Activity of the Legal Directorate

2021 | ACTIVITY REPORT

                         The statistical data at issue are related to court judge-      compared to the cases on trial amounted/was
                         ments regarding all the N.C.C.D. decisions under               maintained at a high level, approx. 80%, while the
                         challenge, no matter which was the final decision              quashed decisions registered a low level, of approx.
                         taken, either meaning that a discrimination had been           20%, on a regular basis. We reiterate that, in order
                         found and administrative sanctions were taken, or              to accurately reflect the share of won cases vs. lost
                         that a discrimination had not been found, which is the         cases, this percentage is also compared, within the
                         equivalent with a rejection of the petition in question.       N.C.C.D. statistical data, to the number of proceed-
                                                                                        ings tried from among those whose subject was to
                         The percentage of N.C.C.D. decisions challenged in             challenge the N.C.C.D. decisions in court, instead
                         court, compared to the total number of decisions               of comparing them to the total number of decisions
                         adopted on a yearly basis by the Council amounted              adopted by the Council. This is how one may clearly
                         to 25%, during the measured period/period under                grasp the most objective and rigorous percentage that

                         statistical assessment. The percentage of decisions            should prove the genuine share of N.C.C.D. decisions
                         that had not been challenged in court represents the           that had been quashed or, as applicable, uphold, as
                         share of N.C.C.D. decisions that were rendered final as        a result of a judicial review actually implemented
                         lawful and reasoned as no challenge had been initiated         (cases under trial on the merits/appeal).
                         (these are not part of the percentage calculated strictly
                         related to the N.C.C.D. decisions that had been uphold         Statistical data for judicial proceedings
                         following the challenge in court, the percentage that          brought in order to trigger tort liability
                         is presented in the current statistical data).
                                                                                        Pursuant to art. 27 of G.O. No. 137/2000R, the per-
                         The percentage of upholding in court the N.C.C.D.              son who considers himself/herself discriminated         54
                         decisions, throughout 2021, as lawful and reasoned,            against may submit to the court a claim for damages