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„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…”).

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