Vezi raport EN

V Activity of the Legal Directorate

2021 | ACTIVITY REPORT

                         and remedies in order to re-establish the status quo        fall under the exclusive jurisdiction of common-law
                         prior to the discrimination act or to cancel the sit-       courts, the lawmaker’s purpose was to make sure
                         uation created by the discrimination act, according         that the proceedings whose subject was “remedy of
                         to common law. The interested person must prove             harm incurred by discriminatory acts and facts”,
                         the existence of some facts that allow the assump-          following the tort liability pathway, should be tried
                         tion of some direct or indirect discrimination, while       in court with the procedural participation of the
                         the person against whom the claim was made must             National Council for Combating Discrimination.
                         prove that the facts in question do not represent a
                         form of discrimination.                                     The Council’s de jure participation to court pro-
                                                                                     ceedings in such cases is achieved under a special
                         The Council must be summoned for court proceedings.         standing of ‘institution monitoring discrimination
                                                                                     cases’, ‘legal advisor’, ‘expert’ in the field of non-dis-

                         Thus, through G. O. no. 137/2000, the national              crimination, thus, without a passive legal standing,
                         lawmaker intended to include in the field of non-dis-       therefore being protected by the binding obligations
                         crimination both the administrative liability and the       imposed by the court decisions ruled in such cases.
                         civil liability, shaped as a remedy consisting from
                         forcing the “discriminatory agent” to repair the            Such legal standing of N.C.C.D. pursuant to art. 27
                         inflicted harm, by reinstating the previous status          of G.O. No. 137/2000 is based on its function as a
                         quo, by removing all harmful consequences of the            body safeguarding the compliance with and the
                         discriminatory unlawful act.                                enforcement of the principle of non-discrimination,
                                                                                     according to domestic legislation in force and the
                         By regulating the legal proceedings for “civil law          international documents that Romania is a party to,          55
                         sanctions” in the field of non-discrimination, which        and as a specialised body - holder of the fundamental