Vezi raport EN

chnical and specific legal reports - specialist legal opinions”, essentially mechanism to construe and enforce such legis- activities amounting for “legal advice” in the In such circumstances, the expert advi- lation or, as applicable, upon express request by field of equal rights and non-discrimination.. sory body (NCCD), through the specialist the court (and insofar as they are provided with staff of the Legal Directorate, may issue, access to all facts and legal aspects involved, Statistical Results: In 2020, NCCD was summoned by the court as “other claims” (employment conflicts, an- the legal actions initiated on civil liability an advisory body - “specialist expert” to provide nulment of administrative acts, agreement in non-discrimination matters “specialist opinions” (contribution to proceed- termination, refusal to solve a complaint, ings as “legal advice”) for a total number (both claims - other than salary/financial rights An analysis of the data retrieved from NCCD cases brought to court in 2020 and during the - etc.). statistical statistics indicates that, in 2020, this previous year, where proceedings continued in autonomous public institutions with administra- 2020) of approx. 1533 new cases (double than the The solutions ruled in 2020 by courts vested to tive duties, pinions, in its capacity as “expert/ previous year), involving civil liability (damages adjudicate in civil cases on non-discrimination monitor of discrimination cases”, formulated and paid to the victim) following the violation of the matters (cases brought to court in 2020 and administered specialist opinions in approximate- principle of non-discrimination. during the previous year, where proceedings ly 1533 court cases (filed directly with courts continued in 2020) where NCCD participated across the country) claiming damages for victims Statistical distribution of cases brought before as “specialist expert” go as follows: of discrimination, together with civil liability in the court where decisions were ruled in 2020, non-discrimination matters. by subject: • approx. 653 cases admitted; • approx. 941 cases dismissed; This was the active and positive contribution of the • approx. 972 cases on “financial rights”; National Council for Combatting Discrimination • approx. 686 actions included in the category Conclusions on the statistical results of in 2020, pursuant to its institutional mission and ACTIVITY REPORT | 2020 46  Legal representation of the interests of the National Council for Combatting Discrimination to its capacity as expert ope legis, to hundreds from compensation proportionate to the damages but other related matters as well: employment of legal proceedings in favour of victims suffered due to breaches of the non-discrimina- conflicts, annulment of administrative acts, of discrimination, who therefore benefitted tion principle (in most cases - salary matters, agreement termination etc. Legal opinions and agreements, partnerships and public procurement The facts concerned mainly aspects related to in force. 680 documents were subject to such the electronic system were drafted/performed The Legal Directorate issues legal opinions on opinions in 2020. and are being monitored. the acts which fulfil the lawfulness requirements to produce legal effects. The core principle in this activity is to ensure In 2020, the Legal Directorate developed and the legal and procedural framework for the performed lawfulness checks on 4 inter-insti- The procedure entails a compliance check to find activities carried out by the institution in rela- tutional partnerships with a view to develop whether the legal documents of the entity and all tion with different natural and legal persons; long-term cooperation to inform, educate and other measures to be taken by the management 21 agreements, 91 direct public procurement raise awareness among different categories of or by the departments, in the exercise of their procedures using SEAP and 284 notifications in public employees, to ensure respect for the right specific duties, comply with the legal provisions to non-discrimination.e. Activities undertaken by territorial structures In 2020, 250 persons came to the territorial The facts concerned mainly aspects related to public spaces, access to services, discrimination NCCD structures in Buzău and Târgu Mureș to possible workplace discrimination, including of claimants by civil servants employed by public request legal and specialist advice on various moral harassment and abuse by hierarchical institutions etc. cases they considered discriminatory; following superiors, the limitation of rights due to the consultations, the local legal advisors initiated measures ordered by authorities during the Alternately, the institution addressed questions and submitted to the main headquarters a num- SARS-COV 2 pandemic, discrimination on ethnic on the refusal by certain institutions to enforce ber of 16 files. grounds, including possible discrimination in orders or regulations, discrimination in school ACTIVITY REPORT | 2020 47  Legal representation of the interests of the National Council for Combatting Discrimination settings, including bullying and discrimination and parents of other students or discrimination publication of articles or of job advertisements of students during online learning, due to the in public posts, especially on Facebook etc. which may involve cases of discrimination on lack of access to IT resources and to the lack of the following grounds: ethnicity, gender and tolerance, both from peers and from teachers The NCCD Steering Board was also informed to disability. enable possible ex officio actions after the online Student internships in 2020 Compared to previous years, NCCD provided a of Political Sciences – specialisation International structure and operations, NCCD organisation small number of internships for students, solely Relations and European Studies - University of chart, duties, complaint resolution procedures, due to the measures imposed by the state of Bucharest. sanctions applied, programmes implemented emergency and the state of alert to combat the to prevent and combat discrimination and the effects of the COVID-19 pandemic, pursuant to NCCD internship mentors presented the partic- appeal procedure against NCCD decisions before the legal provisions in force. The institutional ipating students information on the concept of the court. partners were the Faculty of Law and the Faculty discrimination, types of discrimination, the NCCD Activities to promote, monitor and support equal treatment for EU workers The activities to promote, monitor and support of movement for EU workers transposing in grounds, to support EU workers and their family equal treatment for EU workers undertaken by Directive 2014/54/EU in the national legislation. members to defend their rights; this department the Department for the Promotion, Monitoring is the National Contact Point for preventing and and Support Equal Treatment for EU Workers. This NCCD department coordinates at national Combatting discrimination in matters of free (B.P.M.S.E.T.L.U.E.) within the Legal Directorate level the activities to promote, monitor and sup- movement of EU workers, for the purposes of of NCCD, set up according to Law no. 106/2017 port equal treatment for all EU workers and for cooperation and exchange of information with on measures facilitating the exercise of rights their family members who exercise their rights in other National Contact Points. conferred on workers in the context of freedom Romania, without discrimination on nationality ACTIVITY REPORT | 2020 48  Legal representation of the interests of the National Council for Combatting Discrimination To provide a clearer picture, we illustrate with through B.P.M.S.E.T.L.U.E., requested institutions in charge in the respective two summaries of cases received in 2020, which the support of the National Contact Point Member State. involved requests for support from the specialist in that Member State, so as to indicate national body in the field: the institution which has jurisdiction to The case concerning a request from the National solve such cases of discrimination com- Contact Point of another state (Serbia), regard- • The case which involved a request for mitted in Denmark. Further, in order to ing a possible act of discrimination committed support from a Romanian citizen which solve the “request for support”, NCCD, in Romania, targeting the criterion of dual na- complained of discriminatory treatment through B.P.M.S.E.T.L.U.E., provided tionality. To solve this request, NCCD, through in a EU Member State (Denmark) in the assistance to the Romanian claimant, by B.P.M.S.E.T.L.U.E., provided the specialist employment process. In exercising its making available the information thus information on the possible legal mechanisms duties as a Contact Point appointed pur- obtained and by recommending the use to solve the respective case. suant to Directive 2014/54/EU, NCCD, of institutional leverage available to the ACTIVITY REPORT | 2020 49 Prevention of acts of discrimination ACTIVITY REPORT | 2020 50  Prevention of acts of discrimination The new Human Rights Journal (Noua Revistă International Human Rights Documentary de Drepturile Omului) Film Festival Cooperation between the Inter- acquired in the field of human – One World România, 13th edition national Study Centre and the rights, preventing and Combatting National Council for Combatting discrimination. This International Human Rights directors, producers, actors, experts Discrimination continued in 2020 Documentary Film Festival intended and human rights activist - support- by quarterly publications in “Noua to provide public access to Romanian ed the festival and made possible Revistă de Drepturile Omului” (The and international documentaries on this cultural events. New Human Rights Journal) of human rights, to facilitate debates materials on Combatting discrim- on possible violations of such rights ination, promoting the principle of and on how they can be reported, equal opportunities, of NCCD case- and to encourage the production of law, of studies and other specialist new documentaries in the field, to articles. ensure prevention of discriminatory acts in all walks of life. This collaboration continued due to the beneficial impact the publication Due to the pandemic, all festival of such materials proved to have events were broadcasted live on on society, and on our institution, Facebook. More than 100 foreign thus capitalising on the expertise and Romanian guests - film ACTIVITY REPORT | 2020 51 Projects implemented with foreign funds ACTIVITY REPORT | 2020 52  Projects implemented with foreign funds “10 Years of Implementation of the EU Framework Decision on racism and xenophobia in Romania: new challenges and approaches on hate crime” – NoIntoHate2018 The project NoIntoHate2018 was implemented for a (general concepts, reporting procedure and the record-keeping and registration in a database of period of 18 months in partnership with Association elements of an act of discrimination), national all hate crimes; there were 144 beneficiaries (96 Public Policy Institute, and ended in March 2020. legislation and CJEU and ECtHR and case- magistrates, 24 police officers, 24 gendarmes). Throughout the project duration, the project law on hate crimes, the actual involvement of team organised training on non-discrimination law enforcement institutions in the appraisal, “Fight Class-Room Discrimination - Teacher’s Guide” – ProfsAgainstDiscrimination Starting with 01 December 2020, the Nation- among teachers, parents and County recommendations. The project outcomes al Council for Combatting Discrimination, School Inspectorates on the existence of and the public policy recommendations in partnership with the Association Public discrimination cases; will be presented in a conference. Policy Institute, is implementing the project ProfsAgainst- Discrimination financed by the 2. awareness raising activities to increase The projects benefits from a total budget of European Commission under the Programme the capacity to identify, combat and re- EUR 269,559.75 (80% EU funding and 20% REC-RDIS-DISC-AG-2020, a 24-month project. port cases of discrimination in schools, co-financing). at national level, by training sessions for The project activities include: 200 teachers and by the development of a Practical Guide to Fight Class-Room 1. analysis of the national legislation on the Discrimination; implementation of the principle of non-dis- 3. analysis of gaps in legislation and practice by crimination and three national surveys various concrete and specific public policy ACTIVITY REPORT | 2020 53 The issue of discrimination in Romania as reflected by international reports ACTIVITY REPORT | 2020 54  The issue of discrimination in Romania as reflected by international reports of person with physical, sensory, intellec-