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e they deem it appropriate conciliation procedures, for the enforcement of obligations under this Directive are available to all persons who consider themselves wronged by failure to apply the principle of equal treatment to them, even after the relationship in which the discrimination is alleged to have occurred has ended. B. NATIONAL LAW AND JUDICIAL AND ADMINISTRATIVE PROCEDURES 36. The procedure of settling discrimination cases is regulated by art. 20 of G.O. no. 137/2000 republished. The person who deems himself/herself to be discriminated may appeal to the National Council for Combating Discrimination with a petition for ascertaining and sanctioning discrimination. Also, the person who deems himself/herself to be discriminated may appeal to justice with a request for damages, under the conditions provided in art. 27 of G.O. no. 137/2000. 37. The National Council for Combating Discrimination adopted the Internal procedure for settling petitions and notifications, published in the Official Gazette no. 348 of 6 May 2008. The requests addressed to justice demanding damages caused through discrimination deeds shall be settled according to ordinary law. C. CAPACITY TO PURSUE THE PROCEEDINGS IN THE RACIAL DIRECTIVE 38. According to art. 7 par. 2 of the racial Directive: Member States shall ensure that associations, organisations or other legal entities, which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, either on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure provided for the enforcement of obligations under this Directive. RO - Piaţa Valter Mărăcineanu 1-3, sector 1, Bucureşti, Tel / fax 021-312.65.78/79/85 16 „building trust in human rights” www.cncd.org.ro  „protecţie efectivă a drepturilor omului” D. CAPACITY TO PURSUE THE PROCEEDINGS OF NGO'S IN THE NATIONAL LAW 39. According to art. 28 par. 1 and par. 2 of G.O. no. 137/2000, republished, as amended through Law no. 27 of 5 March 2004: (1) The non-governmental organisations which aim to protect human rights or have a legitimate interest in combating discrimination have a capacity to pursue the proceedings if discrimination is manifested in their sphere of activity and it offends a community or a group of persons. (2) The organizations provided in par. (1) have a capacity to stand the proceedings also if discrimination offends an individual, at his/her request. E. LIMITATION PERIODS IN THE RACIAL DIRECTIVE 40. According to art. 7 par. 3 of the racial Directive: (3) Paragraphs 1 and 2 are without prejudice to national rules relating to time limits for bringing actions as regards the principle of equality of treatment. F. LIMITATION PERIODS IN NATIONAL LAW 41. The limitation periods for the actions brought before the National Council for Combating Discrimination or before courts are stipulated in art. 20 par. 1 and art. 27 par. 2 of G.O. no. 137/2000, republished. According to art. 20 par. 1 and art. 27 par. 2 of G.O. no. 137/2000, republished: Art. 20 par. 1: The person who deems himself/herself to be discriminated may notify the Council within one year from the date of deed perpetration or the date when he was able to acknowledge it. Art. 27 par. 1: The person who deems himself/herself to be discriminated may file before the court a request for damages and reinstatement of the situation previous to discrimination or cancellation of the situation generated through discrimination, according to ordinary law. The request is exempt of stamp tax and shall not be restrained by notifying the Council. (2) The term for filing the request is 3 years and it elapses from the date of deed perpetration or the date when the concerned person was able to acknowledge it. VIII. Burden of proof in the racial Directive (ARTICLE 8) and national transposition law A. BURDEN OF PROOF IN THE RACIAL DIRECTIVE 42. According to art. 8 par. 1 of the racial Directive: (1) Member States shall take such measures as are necessary, in accordance with their national judicial systems, to ensure that, when persons who consider themselves wronged because the principle of equal treatment has not been applied to them establish, before a court or other competent authority, facts from which it may be presumed that there has been direct or indirect discrimination, it shall be for the respondent to prove that there has been no breach of the principle of equal treatment.. RO - Piaţa Valter Mărăcineanu 1-3, sector 1, Bucureşti, Tel / fax 021-312.65.78/79/85 17 „building trust in human rights” www.cncd.org.ro  „protecţie efectivă a drepturilor omului” B. BURDEN OF PROOF IN NATIONAL LAW 43. Art. 20 par. 6 of G.O. no. 137/2000, as amended through Law no. 324/2006 (published in the Official Gazette no. 626 of 20 July 2006) regulates the burden of proof in discrimination cases. According to art. 20 par. 6 of G.O. no. 137/2000, republished: The concerned person is obliged to prove the existence of the deeds allowing to presume the existence of a direct or indirect discrimination and the person against whom the notification was lodged is responsible for proving that the deeds are not discrimination. Any kind of evidence can be brought before the Steering Committee, including audio and video recordings or statistical data. 44. The same rule applies for actions filed to courts, according to art. 27 par. 4 of G.O. no. 137/2000, republished. IX. Victimization in the racial Directive (ARTICLE 9) and national transposition law A. VICTIMIZATION IN THE RACIAL DIRECTIVE 45. According to art. 9 of the racial Directive: Member States shall introduce into their national legal systems such measures as are necessary to protect individuals from any adverse treatment or adverse consequence as a reaction to a complaint or to proceedings aimed at enforcing compliance with the principle of equal treatment. B. VICTIMIZATION IN NATIONAL LAW 46. The concept of victimization was introduced in national legislation through G.O. no. 77/2003 and through Law no. 27/2004. According to art. 2 par. 7 of G.O. no. 137/2000 republished: According to this ordinance, any adverse treatment as a reaction to a complaint or to any legal proceedings regarding the infringement of the equal treatment or of the non-discrimination principles constitutes victimization and shall be contraventionally punished. X. Bodies for the promotion of equal treatment in the racial Directive (ARTICLE 13) and national transposition law A. BODIES FOR THE PROMOTION OF EQUAL TREATMENT – RACIAL DIRECTIVE 47. According to art. 13 of the racial Directive: RO - Piaţa Valter Mărăcineanu 1-3, sector 1, Bucureşti, Tel / fax 021-312.65.78/79/85 18 „building trust in human rights” www.cncd.org.ro  „protecţie efectivă a drepturilor omului” (1) Member States shall designate a body or bodies for the promotion of equal treatment of all persons without discrimination on the grounds of racial or ethnic origin. These bodies may form part of agencies charged at national level with the defence of human rights or the safeguard of individuals' rights. (2) Member States shall ensure that the competencies of these bodies include: ® without prejudice to the right of victims and of associations, organisations or other legal entities referred to in Article 7(2), providing independent assistance to victims of discrimination in pursuing their complaints about discrimination; ® conducting independent surveys concerning discrimination; ® publishing independent reports and making recommendations on any issue relating to such . discrimination. XI. National Council for Combating Discrimination and accomplishment of standards of institutional independence A. ESTABLISHMENT OF THE NATIONAL COUNCIL FOR COMBATING DISCRIMINATION 48. Government Ordinance no. 137 of 31 August 2000 on the prevention and sanctioning of all forms of discrimination, published in the Official Gazette no. 431 of 2 September 2000, referring to the National Council for Combating Discrimination provided in art. 23 par. 1 that is a specialized body and subordinated to the Government. Par. 2 of the same article provided that the organisational structure and other prerogatives of the National Council for Combating Discrimination shall be regulated through Government Decision. The nature of Government body, subordinated to the Government of NCCD is consequently laid down in art. 1 par. (1) of Government Decision no. 1194/2001 which adds that it has legal personality. Therefore, the National Council for Combating Discrimination in the initially adopted formula was a body of the Government, directly subordinated to the Government and organized separately from ministries. 49. Through Government Decision no. 1194 of 27 November 2001 on the organization and operation of the National Council for Combating Discrimination, published in the Official Gazette no. 792 of 12 December 2001 was provided in art. 4 par. 1 that: „(1) The President is appointed and released of office through Decision of the Prime-Minister, among the members of the Steering Committee". According to art. 5 (1) „The members of the Steering Committee are appointed and released through Decision of the Prime-Minister, and (2) „In order to appoint the members of the Steering Committee, the Ministry of Public Information, Ministry of Labour, Social Solidarity and Family, Ministry of Justice, Ministry of Health, Ministry of Administration and Interior and Ministry of Education, Research and Youth submit three proposals each…” and (3) The Prime Minister will appoint one member each from the three proposed by the public authorities provided in par. (2)”. B. DECISIONS OF THE COUNCIL OF THE EUROPEAN UNION ON ROMANIA'S ACCESSION AND INSTITUTIONS TO COMBAT DISCRIMINATION 50. The Accession Partnership with Romania of 1999, reviewed in 2000 provided in the chapter Political Criteria/Human Rights, Section Objectives, point 4.2. „ Medium Term” as a priority the recommendation to „implement measures to combat discrimination, also within the government”.2 51. Through Decision of the Council of the European Union 2002/92/EC, point 6, the EU Council indicates that " in order to prepare for accession, Romania must continue to revise its national program for adopting the acquis. Thus, the Council, in 2 See Accession Partnership with Romania (1999, reviewed February 2000) – political criteria/human rights; 4.3. Medium term: Political criteria: „…implement measures aimed at fighting discrimination (including within the public administration…”). RO - Piaţa Valter Mărăcineanu 1-3, sector 1, Bucureşti, Tel / fax 021-312.65.78/79/85 19 „building trust in human rights” www.cncd.org.ro  „protecţie efectivă a drepturilor omului” accordance with art. 2 of (EC) norms no. 622/98 established the principles, priorities, intermediate objectives and conditions of the Accession Partnership with Romania. Chapter 4 Priorities and intermediate objectives, Section Political Criterion/Human Rights and protection of minorities includes as a priority to be met by Romania i.e. " the establishment and ensuring of the proper operation of institutions to prevent and combat all forms of discrimination”3. Also, the chapter Economic Criteria, section Social and employment policies includes Romania's obligation to „adopt secondary legislation to combat discrimination and develop an implementation plan”. 52. Romania's priorities for accession were restated and revised through the Decision of the Council of the European Union 2003/397/EC4 regarding the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with Romania. The Council of the European Union expressly decided in chapter 4, Priorities, Section Political Criteria „continue to align the acquis in the field of non-discrimination and appropriately implement it in order to ensure the operation of the National Council for Combating Discrimination”. In the chapter Economic Criteria, section social and employment policies, the EU Council restates „Romania's obligation to align the acquis in the field of non-discrimination and ensure its implementation". The implementation of the Accession Partnership and obligations assumed through the Decisions of the Council of the European Union were monitored under art. 2 of Decision 2002/92/EC and 2003/397/EC by the institutions of European Agreement and the institutions of the Council to which the European Commission submitted periodical reports. C. NCCD'S CRITIQUE OF THE EUROPEAN COMMISSION REGARDING THE TRANSPOSITION OF THE ACQUIS IN THE FIELD OF NON-DISCRIMINATION AND NCCD'S INDEPENDENCE 53. The European Commission, starting from the end of 1998, has regularly monitored the progress of EU candidate countries in Central and Eastern Europe in preparation for accession. As regards Romania, the Commission published each year the Periodical Report regarding the process of accession to the Union, monitoring among others in particular Romania's alignment to the acquis in the field of non-discrimination. In this respect, are presented below the conclusions of the European Commission in 2000-2005 regarding the National Council for Combating Discrimination and the transposition of the acquis. The Periodical Report of the European Commission in 2000: „substantial efforts are needed to transpose the acquis”. 54. The European Commission appreciated the adoption of Government Ordinance no. 137/2000 setting down in its 2000 Report that „in September there has been significant progress in the adoption by the Government of legislation prohibiting discrimination by civil servants, individuals, private entities and undertakings on grounds of nationality, race, ethnic origin, age, gender and sexual orientation. Severe sanctions were provided for breaching the relevant provisions. This initiative is a positive step, but a secondary legislation and the review of institutional aspects will be necessary before the provisions of the Ordinance become applicable. It is therefore too early to evaluate the effectiveness of this measure.”5 In the same respect, it is stated that „implementation of this legislation which, inter alia is intended to transpose the provisions of Directive EC, under art. 13 of the Treaty regarding discrimination on grounds of racial or ethnic origin will require substantial effort and continued attention.6 The 2001 Regular Report of the European Commission: „inoperative legislation and the National Council for Combating Di