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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..

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