Vezi raport EN

V Activity of the Legal Directorate

2021 | ACTIVITY REPORT

                         (theoretical and practical) legal expertise required          including the written evidence and testimonies taken
                         in the field of equal rights and non-discrimination.          in the judicial case),“expert reports - specialised legal
                                                                                       opinions”, essentially procedural documents that op-
                         The legal standing of N.C.C.D., pursuant to art. 27           erate as ‘judicial advice’ in the area of equality of rights
                         of G.O. No. 137/2000R is applicable to all cases,             and non-discrimination.
                         regardless their concrete object (labour litigation,
                         annulment of administrative documents, termination            Reporting statistical data
                         of contracts, refusals to solve certain complaints or
                         other claims, financial rights etc.) which are lato           In 2021, N.C.C.D. was summoned to court, as an
                         sensu associated with the principle of non-discrim-           advisory body - “specialised expert”, for a total
                         ination, brought before all courts with material and          number of approx. 3019 court cases whose subject
                         territorial jurisdiction from all over Romania.               was related to incurring tort liability (remedies for

                                                                                       the victim) as a result of an infringement of the
                         During such proceedings, the expert-advisory body             non-discrimination principle.
                         (N.C.C.D.), through the specialized staff within the
                         Legal Directorate, may issue, on its own motion, “guide-      The cases which were settled during 2021 can be
                         lines-framework points of view” with the purpose of           statistically categorized depending on their subject,
                         referring national and Community anti-discrimination          as follows:
                         legislation, respectively the technical and legal mecha-
                         nism for interpretation and implementation specific to           • approx. 2394 proceedings on “financial rights”;
                         such legislation or, as applicable, based on the express         • approx. 621 proceedings with a subject included
                         request of the court (and to the extent to which the               in the category “other claims” (labour litiga-            56
                         Council is presented with all factual and legal issues,            tion, rescission of administrative documents,