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„protecţie efectivă a drepturilor omului”

65.     The Council is responsible for the enforcement and control of observance of legal provisions in its sphere of activity,
and for the harmonization of provisions of legislation or administrative acts which are contrary to the principle of non-
discrimination16.
66.     The Council develops and implements public policies in the field of non-discrimination. In this regard, the Council
consults with public authorities, non-governmental organizations, trade unions and other legal entities which pursue the
protection of human rights or have a legitimate interest in combating discrimination17.
67.     In exercising its prerogatives, the National Council for Combating Discrimination operates independently, without
being hindered or influenced by other bodies or public authorities. In order to combat discrimination deeds, the National
Council for Combating Discrimination exercises its prerogatives in the following fields: prevention of discrimination deeds;
mediation of discrimination deeds; inquiry, ascertaining and sanctioning of discrimination deeds; monitoring of
discrimination cases; providing specialized assistance to the victims of discrimination19.

F. Position of the European Commission regarding the amendments adopted through Law no. 324/2006 and NCCD's independence status

68.     Following the amendments introduced by Law no. 324/2006, in the Notice of the European Commission of 26
September 2006, included in the Monitoring Report regarding the stage of preparation of Bulgaria and Romania for
accession to the European Union, chapter Political Criteria, point 2, "Other issues which needed further progress in May
2006", the European Commission expressly specifies: „The law on preventing and sanctioning all forms of discrimination
has been amended to meet EU standards related to the independence of the National Council for Combating
Discrimination”20.

G. Conclusions

69.       Change of the status of the National Council for Combating Discrimination from specialized body of the central
Government, subordinated to the Government, in a state authority, autonomous, under the Parliament's control (art. 16,
art. 17, art.18 of law no. 324/2006) as it results from the conclusions of the European Commission, meets the independence
standard specified in the European legislation in the field of non-discrimination.
70.       The procedures of appointing the members of the NCCD's Steering Committee by the Parliament (art. 23, art. 24, art.
25 of Law no. 324/2006) contain clear provisions regarding the conditions for nomination, the term of office, guaranteeing
prevention of arbitrary dismissals according to the standards set out in the General Policy Recommendation no. 2 of ECRI
(Chapter 5, Principle 5, point 4) and the UN Assembly Resolution no. 48/134 from 1993 (see in this regard the Resolution to
Annex 10, Chapter Composition and guarantees of independence and pluralism, par. 1, first statement and par. 3).
71.       The Council has the freedom to hire its own staff, to manage its own resources and its funds are approved by
Parliament according to Recommendation no. 2 of ECRI (Chapter 5, Principle 5, point 1, point 2) and UN General Assembly
Resolution no. 48/134 of 1993 (see in this regard the Resolution to Annex 10, Chapter Composition and guarantees of

independence and pluralism, par. 2, second statement).
72.       The Council prepares annual activity reports, independent which are submitted to debate and approval from the
Parliament (art. 22 par. 2 of Law no. 324/2006) in accordance with ECRI Recommendation no. 2 (Chapter 5, Principle 5, point
3) and Council Directive no. 43/2000 (art. 13, par. 2, final statement), UN General Assembly Resolution no. 48/134 of 1993
(see in this regard the Resolution to Annex 10, Chapter Prerogatives and responsibilities, point 3, lett. a).
73.       The Council offers specialized assistance to the victims of discrimination (art. 19 par. 1 lett. e) in accordance with
ECRI Recommendation no. 7 (Chapter 5, point 24) and Council Directive no. 43/2000 (art. 13, par. 2, first statement).
74.       The Council investigates, ascertains and monitors discrimination deeds (art. 19 par. 1, lett. c, lett. d of Law no.

16 See art. 18 par. 1 of Law no. 324/2006. . 17 See art. 18 par. 2 of Law no. 324/2006 18 See art. 17 of Law no. 324/2006. 19 See art. 19 par. 1 of Law no. 324/2006. 20 See COMMUNICATION FROM THE COMMISSION, Monitoring report on the state of preparedness for EU membership of Bulgaria and Romania, Brussels, 26/09/2006, COM (2006), 2. OTHER ISSUES WHICH NEEDED FURTHER PROGRESS IN MAY 2006; 2.1 Political criteria, Protection and integration of minorities; pag. 40: “…The law on preventing and sanctioning all forms of discrimination has been amended to

meet EU standards related to the independence of the National Council for Combating Discrimination”.

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