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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

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