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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:

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