Vezi raport EN

„protecţie efectivă a drepturilor omului”

accordance with art. 2 of (EC) norms no. 622/98 established the principles, priorities, intermediate objectives and
conditions of the Accession Partnership with Romania. Chapter 4 Priorities and intermediate objectives, Section Political
Criterion/Human Rights and protection of minorities includes as a priority to be met by Romania i.e. " the establishment
and ensuring of the proper operation of institutions to prevent and combat all forms of discrimination”3. Also, the chapter
Economic Criteria, section Social and employment policies includes Romania's obligation to „adopt secondary legislation
to combat discrimination and develop an implementation plan”.
52.      Romania's priorities for accession were restated and revised through the Decision of the Council of the European
Union 2003/397/EC4 regarding the principles, priorities, intermediate objectives and conditions contained in the Accession
Partnership with Romania. The Council of the European Union expressly decided in chapter 4, Priorities, Section Political
Criteria „continue to align the acquis in the field of non-discrimination and appropriately implement it in order to ensure
the operation of the National Council for Combating Discrimination”. In the chapter Economic Criteria, section social and
employment policies, the EU Council restates „Romania's obligation to align the acquis in the field of non-discrimination

and ensure its implementation". The implementation of the Accession Partnership and obligations assumed through the Decisions of the Council of the European Union were monitored under art. 2 of Decision 2002/92/EC and 2003/397/EC by the institutions of European Agreement and the institutions of the Council to which the European Commission submitted periodical reports.

C. NCCD'S CRITIQUE OF THE EUROPEAN COMMISSION REGARDING

THE TRANSPOSITION OF THE ACQUIS IN THE FIELD OF

NON-DISCRIMINATION AND NCCD'S INDEPENDENCE

53.        The European Commission, starting from the end of 1998, has regularly monitored the progress of EU candidate
countries in Central and Eastern Europe in preparation for accession. As regards Romania, the Commission published each year
the Periodical Report regarding the process of accession to the Union, monitoring among others in particular Romania's
alignment to the acquis in the field of non-discrimination. In this respect, are presented below the conclusions of the European
Commission in 2000-2005 regarding the National Council for Combating Discrimination and the transposition of the acquis.
The Periodical Report of the European Commission in 2000: „substantial efforts are needed to transpose the acquis”.
54.       The European Commission appreciated the adoption of Government Ordinance no. 137/2000 setting down in its
2000 Report that „in September there has been significant progress in the adoption by the Government of legislation
prohibiting discrimination by civil servants, individuals, private entities and undertakings on grounds of nationality, race,
ethnic origin, age, gender and sexual orientation. Severe sanctions were provided for breaching the relevant provisions. This
initiative is a positive step, but a secondary legislation and the review of institutional aspects will be necessary before the
provisions of the Ordinance become applicable. It is therefore too early to evaluate the effectiveness of this measure.”5 In

the same respect, it is stated that „implementation of this legislation which, inter alia is intended to transpose the provisions
of Directive EC, under art. 13 of the Treaty regarding discrimination on grounds of racial or ethnic origin will require
substantial effort and continued attention.6
The 2001 Regular Report of the European Commission: „inoperative legislation and the National Council for Combating
Discrimination has not been established”.
55.      The European Commission restates the importance of adopting Government Ordinance no. 137/2000 on the
3
  See the Official Journal of the European Communities, L44/82, 14.2.2002, Council Decision on the principles, priorities, intermediate objectives
and conditions contained in the Accession Partnership with Romania (2002), Political criteria, Human rights and minority protection,
“…Establish and ensure the due functioning of institutions to prevent and combat all forms of discrimination…”.
4
  See the European Journal of the European Communities, L145/26, 12.6.2003, Council Decision on the principles, priorities, intermediate

objectives and conditions contained in the Accession Partnership with Romania; “Continue alignment of the acquis on anti-discrimination and ensure its proper implementation by making the Romanian National Council for Combating Discrimination fully operational”. 5 See Regular Report from the Commission on Romania's Progress towards accession; 8 November 2000; page 21, “In September 2000, one important development was the introduction, by government ordinance, of new legislation prohibiting discrimination by public employees, individuals, private companies and economic operators on the grounds of nationality, race, ethnicity, age, gender, or sexual orientation. Heavy fines have been established for violating its provisions. This initiative is a very positive step – but both further secondary legislation and revised institutional arrangements will be necessary before the provisions contained in the ordinance can be applied. It therefore remains too early to assess the effectiveness of this measure”. 6 See idem; page. 59 “The implementation of this legislation (which, inter alia, aims to transpose the provisions of the EC Directive, based on Art. 13 of the Treaty, relative to discrimination on the grounds of race or ethnic origin), will require substantial effort and continuous attention”.

    RO - Piaţa Valter Mărăcineanu 1-3, sector 1,
     Bucureşti, Tel / fax 021-312.65.78/79/85                            20                        „building trust in human rights”
                  www.cncd.org.ro