Vezi raport EN

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