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B. THE SCOPE OF THE NATIONAL TRANSPOSITION LAW (GENERAL PART)

21.    According to art. 3 of Chapter I (Principles and definitions) of G.O. no. 137/2000 republished, „The provisions of this
ordinance shall be applied to all individuals or public or private legal persons, as well as to all public institutions having
prerogatives regarding:
       ®        employment conditions, criteria and conditions of recruitment, selection and promotion, access to all
                forms and levels of guidance, training and advanced training;
       ®        protection and social security;
       ®        public services or other services, access to goods and facilities;
       ®        educational system;
       ®        securing the freedom of movement;
       ®        securing public order and peace;
       ®        other fields of social life”.

C. THE SCOPE OF THE NATIONAL TRANSPOSITION LAW

(SPECIAL PART)

22.     Chapter II (Special provisions) of Ordinance no. 137/2000 republished is structured in 5 sections which refer to
Equality in the economic activity and employment, access to goods and services, access to education, freedom of movement
and right to personal dignity.
23.     Section I, „Equality in the economic activity and in the fields of employment and occupation” regulates issues
concerning:
        ®         participation of a person to an economic activity or his free choice or exercise of a profession;
        ®         conclusion, suspension, modification or termination of labour relations;
        ®         establishing and modification of the labour tasks, place of work or wage;
        ®         granting of other social rights than the wage;
        ®         training, advanced training, conversion and advancement;
        ®         enforcement of disciplinary measures;
        ®         the right to affiliate to a trade union and access its facilities;

        ®         any other labour provision conditions, according to legislation in force;
        ®         an individual's or legal person's refusal to employ somebody;
        ®         limiting the filling of a post through competition or advertisement published by an employer or by its
                  representative;
        ®         social entitlements granted.
24.     Section II, „Access to legal and administrative public services, to health and other services, goods and facilities”
regulates issues concerning:
        ®         refusal to grant public administrative and legal services;
        ®         refusing the access of a person or of a group of persons to public health services – choosing the personal
                  physician, medical assistance, health insurance, emergency or other health services;
        ®         the refusal to sell or lease a plot of land or dwelling location;
        ®         the refusal to grant a bank loan or to conclude any other type of contract;

        ®         refusing the access of a person or a group of persons to the services offered by theatres, cinemas, libraries,
                  museums and exhibitions;
        ®         refusing the access of a person or of a group of persons to the services offered by shops, hotels, restaurants,
                  bars, discotheques or by any other service providers, irrespective if they are under private or public
                  ownership;
        ®         refusing the access of a person or of a group of persons to the services offered by public transport
                  companies – by plane, ship, train, metro, bus, trolley, tram, taxi or by other means;
        ®         refusal to grant certain rights or facilities to a person or a group of persons.
25.     Section III, „Access to education” regulates issues concerning:

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