Vezi raport EN

Ar ah bo I Ne ti- lo Br Su Co Pr m es Ia 1 Dâ ar ch Bu 27 case files and 29 investigations (some TOTAL: 29 case files required more investigation) Distribution of investigations conducted in 2020, by county ACTIVITY REPORT | 2020 38  Activity of the Case File Investigation Department Rural area 6 27 case files - two case files were Urban area investigated both in rural and in urban areas 23 Distribution of case files investigated by rural or urban settings where the alleged discrimination occured ACTIVITY REPORT | 2020 39  Activity of the Case File Investigation Department North-West North-East Centre North-West West Centre 1 South-West Oltenia North-West South-West Oltenia 4 Bucharest and Ilfov 1 South Muntenia North-East 2 South-East 4 Bucharest and Ilfov 11 South-Multenia Centre West 4 5 0 South-Muntenia South-East South-West Oltenia 5 2 South-Est Bucharest 2 2 and Ilfov 11 North-East 4 Distribution of investigations conducted in 2020, by development region ACTIVITY REPORT | 2020 40  Activity of the Case File Investigation Department Natural person 14 3 case files had a respondent Legal person both a natural and a legal person 16 Distribution of case files investigated by respondent: natural or legal person ACTIVITY REPORT | 2020 41  Activity of the Case File Investigation Department No criterion Nationality 7 / 26% 2 / 7% Ethnicity 3 / 11% Language 1/4% Professional category 3 / 11% Gender Disability 1 / 4% Categorie socială 7 / 26% 1/ 4% Stare de maternitate 2 / 7% Distribution of case files investigated by discrimination criteria ACTIVITY REPORT | 2020 42 Legal representation of the interests of the National Council for Combatting Discrimination ACTIVITY REPORT | 2020 43  Legal representation of the interests of the National Council for Combatting Discrimination The Dispute, Legal and Expert Reports Department of the Legal Directorate of NCCD principles of ensuring the right to defence and provides the National Council for Combatting Discrimination legal assistance and the guarantee of equality of arms. representation in disputes arising from the lawfulness and groundedness checks applied to the decisions made by the NCCD Steering Board and in genere. The lawfulness and groundedness test applied to the NCCD Steering Board decisions falls As an exception (depending on circumstances of GO no. 137/2000, the complaints on acts under the jurisdiction of administrative courts and optional), upon express request by the NCCD discrimination shall be solved by the National (courts of appeal, as first instance courts, and President, the interests of the Council may be Council for Combatting Discrimination by the High Court of Justice, as second appeal represented in court in discrimination cases “decision” – and administrative-juris- court), as regulated by the provisions of Art. 20 by members of the NCCD Steering Board who dictional act. (9) and (10) of GO no. 137/2000, as republished, earned a diploma in law. corroborated with Art. 6 of the Administrative Legal disputes arising from the above- men- Law no 554/2004. Thus, as stipulated by the provisions of Art. tioned complaints are solve in an administrative 20 of GO no. 137/2000 corroborated with the framework, following a special procedure which The legal deadline to file a complaint against provisions “Internal Procedure for solving includes the fundamental characteristics of the administrative-jurisdictional acts is 15 days af- claims and notifications”, published in the special administrative jurisdiction: jurisdiction ter the communication, otherwise they become Official Journal, Part I no. 348 of 06.05./2008, is optional and free, functional independence enforceable. adopted pursuant to Art. III (1) - Chapter IV of jurisdictional activity, compliance with the The Graduation Rate of the “judicial examination” on the NCCD Steering Board decisions in 2020 In 2020, the competent courts (Courts of Appeal Following the lawfulness and groundedness check At the end of 2020, 484 cases were still pend- and the High Court of Justice) were present- applied to NCCD decisions adopted in 2020, the ing before courts (first instance/second appeal). ed with 523 cases involving lawfulness and courts confirmed the Council’s decisions in first groundedness check applied to NCCD decisions instance or in second appeal, in 190 cases, and Thus, according to statistics, although the adopted pursuant to Art. 20 of GO no. 137/2000, admitted the actions filed against such graduation rate for the “judicial examina- as republished. decisions in 49 cases. tion” on the NCCD decisions in 2020 for ACTIVITY REPORT | 2020 44  Legal representation of the interests of the National Council for Combatting Discrimination the 239 cases brought before the court the previous year (when the graduation rate was approx.) 82%), it still maintained registered a slight decrease compared to a high level – approx. 80%. Statistics on the legal actions initiated on civil liability Preliminary note: non-discrimination both the administrative protected by the binding obligations Pursuant to Art. 27 of GO no. 137/2000, liability and the civil liability, as a remedy con- imposed by the court decisions ruled in any person who believes himself/herself sisting in the obligation of the “discriminator” to such cases. discriminated may file an application remedy the damages caused, and reinstating the with the court to obtain damages and previous status quo, by removing all damaging Such legal standing of NCCD, pursuant to Art. 27 to re-establish the status quo prior to consequences of the discriminatory unlawful act. of GO no. 137/2000 is based on its function as a the act of discrimination or to annul the guarantor of compliance with and enforcement circumstances created by discrimination, By regulating the legal procedure of “civil sanc- of the principle of non-discrimination, pursuant according to common law. tion” in the field of non-discrimination, under the to the national legislation in force and to the exclusive jurisdiction of the common-law court, international documents to which Romania is The person has the obligation to prove the ex- the law maker intended that the civil proceedings party, and to its status as specialist body - holder istence of acts which enable the assumption of initiated to “recover the damage caused by acts of the fundamental (theoretical and practical) direct or indirect discrimination, and the person of discrimination” should be conducted with legal knowledge in the field of equal rights and targeted by the complaint has the burden of participation in court actions of the National non-discrimination. proof, namely has to demonstrate that the acts Council for Combatting Discrimination. are not discrimination. The legal standing of NCCD, pursuant to Art. The Council participates de jure of the Council 27 of GO no. 137/2000 is the same in all cases The Council must be summoned for court in such cases brought before the courts, having brought before the court, regardless their con- proceedings. a special standing as “monitor of discrimination crete object (employment conflict, annulment of cases”, “legal advisor”, “expert” in the field of administrative acts, termination of agreements, Therefore, by GO no. 137/2000, the national non-discrimination, therefore, without refusals to solve certain complaints or other law-maker intended to include in the field of having passive legal standing, thus being claims, financial rights etc.), which target de lato ACTIVITY REPORT | 2020 45  Legal representation of the interests of the National Council for Combatting Discrimination sensu the principle of non-discrimination, brought ex officio, “framework opinions”, meant to pres- including written evidence and witness state- before all courts which have subject-matter and ent the national and European discrimination ments administered before the court), “expert territorial jurisdiction, across the country. legislation, and the te