Vezi raport EN

„protecţie efectivă a drepturilor omului”

59.     The European Commission underlines that, in the field of non-discrimination, legislation still requires completions
regarding the reversal of the burden of proof in order to establish an efficient mechanism in Romania and draw attention
particularly on the strengthening of NCCD's administrative capacity, on providing financing for the institution, transparency
and especially, "securing independence"12. In particular, the European Commission draws attention that „Romanian
authorities should prove at all levels that they apply a zero tolerance policy regarding racism against Roma or other
minorities or groups and that this policy is effectively implemented”13”.

D. The process of transposition of the acquis in 2006 and securing the independence of the National Council for Combating Discrimination

60.     Following successive amendments brought to Government Ordinance no. 137/2000 and through Law no. 48/2002,
Government Ordinance no. 77/2003 and Law no. 27/2004, the minimum standards set out in European Directives were
partly transposed in Romanian legislation, but, as specified by the European Commission in its reports pending
disagreements remained between the internal law and the provisions of the acquis communautaire, i.e. Council
Directives 2000/43/EC and 2000/78/EC and for this reason, anti-discrimination legislation still requires amendments
(Regular Reports of the European Commission, years 2001-2006).
61.     Given the potential risk that at the date of accession of Romania to the European Union, at 1st January 2007, non-
discrimination legislation shall not be not in accordance with the acquis, on 14 July 2006 was adopted Law no. 324/2006,
an organic law by which the non-discrimination standards were substantially amended, especially as regards the status of
the national body designated to monitor and implement relevant legislation, the National Council for Combating
Discrimination.
62.     Law no. 324/2006 amending and supplementing Government Ordinance no. 137/2000 on the prevention and

sanctioning of all forms of discrimination, published in the Official Gazette of Romania, Part I, no. 626 of 20 July 2006 expressly provides that it transposes the provisions of the Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, published in the Official Journal of the European Communities (OJ) no. L180 of 19 July 2000 and the provisions of Council Directive 2000/78/EC establishing a general framework in employment and occupation, published in the Official Journal of the European Communities (OJ) no. L303 of 2 December 2000.

E. Amendment of NCCD's status in 20066

63.      In order to transpose the acquis communautaire and consequently decrease constant criticism from the European
Commission, European Commission against Racism and Intolerance, Advisory Committee on the Framework Convention for
the Protection of National Minorities and from other international institutions, the Romanian lawmaker regulated the
institutional issues notified and aligned the National Council for Combating Discrimination, as regards its status, to
international standards14.
64.      Thus, following amendments made by Law no. 324/2006, the National Council for Combating Discrimination is the
national authority that investigates and contraventionally sanctions discrimination deeds or acts, autonomous, with legal
personality, under the Parliament's control and a guarantor of the observance and enforcement of the non-discrimination
principle, according to internal legislation in force and international documents to which Romania is a party”.15

12 See 2005 Regular Report from the Commission on Romania's Progress towards accession, pag. 54, 55; ”Legislative alignment in the field of anti- discrimination is still to be completed especially as regards the shift of the burden of proof in order to have in place an efficient anti- discrimination mechanism in Romania. The overall administrative capacity of the National Council for Combating Discrimination should be enhanced, including funding, transparency and general awareness of its activities, and its independence should be guaranteed”. 13 See Idem, page 19 “The Romanian authorities should demonstrate, at all levels, that the country applies a zero-tolerance policy on racism against Roma or against any other minority or group and that this policy is effectively implemented. 14 Directiva Consiliului Uniunii Europene nr. 43/2000, Recomandarea Comisiei Europene împotriva Rasismului şi Intoleranţei nr. 2 şi Recomandarea nr. 7, Rezoluţia Adunării Generale a ONU nr. 48/134 din decembrie 1993, „Principiile de la Paris” privind măsurile pentru crearea unor instituţii naţionale de drepturile omului.

15 See art. 16 of Law no. 324/2006 amending and supplementing Government Ordinance no. 137/2000 on the prevention and sanctioning of all forms of discrimination, published in the Official Gazette of Romania, Part I, no. 626 of 20 July 2006.

     RO - Piaţa Valter Mărăcineanu 1-3, sector 1,
      Bucureşti, Tel / fax 021-312.65.78/79/85                          22                      „building trust in human rights”
                   www.cncd.org.ro