Vezi raport EN

Recommendation Monitoring Warning Fine Non-contagious chronic disease 1 1 Sexual orientation 1 2 7 Language 3 4 4 1 Beliefs 7 1 3 2 Age 4 1 1 1 Disadvantaged group 1 Religion 2 3 2 1 Gender 8 6 4 1 Nationality 18 9 15 1 Disability 13 17 13 3 3 Ethnicity 13 3 9 4 Others 8 13 16 1 2 Social category 30 18 27 4 HIV Infection 1 2 NCCD | Activity Report | 2019 Race 3 1 Total 111 80 104 5 19 ■■ Findings made in 2019 according to discrimination criteria All sanctions have been taken into consideration, including the cumulated sanctions (e.g., warning and recommendation, fine and recommendation etc.) 22 Content  Publication of a summary decision Field / Total number of findings 2019 Recommendation Monitoring Warning Access to employment and profession Fine 41 28 37 6 Access to education 9 11 8 1 1 Access to housing Access to public facilities 4 2 3 Access to public services (Total) 16 22 24 4 4 administrative 9 16 21 3 1 banking 2 4 2 Statistical data on petitions received and processed during 2019 health 1 transport 5 2 1 legal restaurant accommodation Others 1 2 Personal dignity 41 16 30 8 Total 111 80 104 5 19 ■■ Findings made in 2019 according to discrimination fields all sanctions have been taken into consideration, including the cumulated sanctions (e.g. warning and recommendation, fine and recommendation) 23  Disability 3 3 Gender 5 2 Nationality 3 2 Social category 1 1 Others 1 1 Beliefs 1 0 Ethnicity 5 0 Race 6 2 NCCD | Activity Report | 2019 ■■ Proceedings initiated on self-notifications in 2019 24 Content 1,000 lei 37 2,000 lei 43 3,000 lei 3 5,000 lei 16 8,000 lei 1 10,000 lei 9 12,000 lei 1 Statistical data on petitions received and processed during 2019 30,000 lei 1 TOTAL 372,000 lei ■■ Amounts and number of fines issued in 2019 25  NCCD | Activity Report | 2019 26 Content Legal representation activity of the National Council for Combating Discrimination 27  Legal assistance and representation of the interests of the National Council for Combating Discrimination, in litigations whose subject is included in the scope of legal verifications and due diligence procedure applied to decisions taken by the Steering Board, as well as in general, is provided by the Legal Affairs, Litigation and Contracts Unit within the Legal Affairs Department of the Council. Under exceptional circumstances (optional administrative proceedings courts (Courts and due to circumstances), based on the of Appeal, operating as first instance courts, direct request of the NCCD’s President, the respectively the High Court of Cassation activity of representing the National Council and Justice, as an appellate court), as stip- for Combating Discrimination interests in ulated by art. 20, para. (9) and (10) of G.O. front of the courts may also be provided, in no. 137/2000, republished, in conjunction cases related to discrimination actions, by with art. 6 of the Law on administrative those members of the Steering Board who proceedings no. 554/2004. were awarded a degree in Law. The time-limit within these jurisdiction- Pursuant to the provisions of art. 20 of al-administrative documents may be ap- G. O. no. 137/2000 R, in conjunction with pealed against is 15 days since their service, the provisions of the “Internal procedure otherwise they become enforceable. for processing petitions and complaints”, published in the Official Journal, Part. I no. 348 of 06.05./2008, adopted pursuant Confirmation rate for to art. III, para. 1 – Chapter IV of G.O. no. 137/2000R, petitions whose subject is related the “judicial review” to discriminatory actions are settled by the applied to the decisions National Council for Combating Discrimi- nation through a decision – a jurisdic- issued by the Steering tional-administrative document. Board during 2019 The activity of settling disputes which rep- During 2019, the competent courts (the Courts resents the subject of the above-mentioned of Appeal and the High Court of Cassation petitions is achieved within a jurisdiction- and Justice) had a total number of 495 cases al-administrative framework, following a pending settlement, whose subject was the specific special procedure which is subor- legal verifications and due diligence procedure dinated to the key features of the special applied to NCCD decisions adopted pursuant administrative jurisdiction: optional and to art. 20 of G.O. No. 137/2000, republished. gratuitous nature of jurisdiction, functional independence of the jurisdictional authority, Following the legal verifications and due dil- NCCD | Activity Report | 2019 compliance with the principles of ensuring igence procedure applied to NCCD decisions the right to defence and safeguarding the during 2019, the courts ruled in favour of adversarial nature of the proceedings. the Council during the first instance and/ or appeal phase of the proceedings in 169 The legal verifications and due diligence pro- cases, while in 39 cases the proceed- cedure applied to the decisions of the NCCD ings brought against these decisions Steering Board fall under the jurisdiction of were admitted. 28 Content By the end of 2019, 354 cases were still “civil law sanctions” in the area of non-dis- pending in front of the courts (first in- crimination, which fall under the exclusive stance/appellate courts). jurisdiction of general courts, the lawmak- er’s purpose was to make sure that the Thus, based on statistical data, the proceedings whose subject was “remedy of confirmation rate for the “judicial harm incurred by discriminatory acts and review” that NCCD decisions went facts”, following the tort liability pathway, through during 2019, compared to should be tried in court with the procedural the number of settled cases, was participation of the National Council for rather high - approx. 82%. Combating Discrimination. The Council’s de jure participation to court Statistical data for judicial proceedings in such cases is achieved under a special standing of “judicial consultant proceedings brought in monitoring discrimination cases”, “expert” order to trigger tort liability in the non-discrimination sector, thus, without a passive legal standing, therefore Introductory note: being protected from the operative part of the court decisions issued in these cases. Pursuant to art. 27 of G.O. No. 137/2000R, the person who considers himself/herself Such a participation of NCCD to the court pro- discriminated against may submit to the ceedings based on art. 27 of G.O. No. 137/2000 court a claim for damages and remedies is based on its position as a body safeguarding in order to re-establish the situation prior the compliance with and the implementation to the discrimination act or to cancel the of the principle of non-discrimination, ac- situation created by the discrimination act, cording to domestic legislation in force and Legal representation activity of the National Council for Combating Discrimination according to the general rules of the law. The the international documents that Romania is interested person must prove the existence a party to, and as a specialised body - owner of some facts that allow the assumption of the key legal know-how required (theory of some direct or indirect discrimination, and practice) in the area of equality of rights while the person against whom the claim was and non-discrimination. made must prove that the facts in question do not represent a form of discrimination. The participation of NCCD to the court proceed- The case is settled by serving a mandatory ings based on art. 27 of G.O. No. 137/2000R is summon to the Council. applicable to all cases, no matter their spe- cific subject (labour litigation, rescission Thus, through G. O. no. 137/2000, the na- of administrative documents, termination tional lawmaker established tort liability, of contracts, denial to answer requests or alongside administrative-misdemeanour other claims, emoluments etc.) which are liability in the non-discrimination sector, lato sensu associated with the principle of shaped as a remedy that consists from non-discrimination, brought in front of all forcing the “discriminatory agent” to courts with material and territorial juris- repair the inflicted harm, by reinstating diction from all over Romania. the previous situation, by removing all harmful consequences of the illegal dis- During such proceedings, the expert-ad- criminatory action. visory body (NCCD) may issue, ex officio, “guidelines-framework points of view”, By regulating the judicial proceedings for with the purpose of referring national and 29  Community anti-discrimination legislation, associated with proceedings brought during respectively the technical and legal mecha- the current year, as well as previous cases nism for interpretation and implementation whose trial continued in 2019), to which specific to such legislation or, as applicable, NCCD participated as “specialised expert” based on the express request of the court are reported as follows: