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B. „AGGRAVATING CIRCUMSTANCES" IN NATIONAL LAW

34.    National law implicitly introduces the concept of multiple discrimination and regulates discrimination on two or
more grounds as an aggravating circumstance in determining contraventional liability.
       According to art. 2 par. 6 of G.O. no. 137/2000, republished (introduced by G.O. no. 77/2003):

Any distinction, exclusion, restriction or preference based on two or more criteria provided in par. 1 is an aggravating circumstance in determining contraventional liability if one or more of their components are not under the criminal law.

VII. Means of appeal and of protection of rights in the racial Directive (article 7) and national transposition law

A. „PROVIDING JUDICIAL AND ADMINISTRATIVE

PROCEDURES”

35.       According to art. 7 par. 1 of the racial Directive:

(a) Member States shall ensure that judicial and/or administrative procedures, including where 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.

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