Vezi raport EN

„protecţie efectivă a drepturilor omului”

I. Complaints filed to NCCD under the national anti-discrimination law

80.   The number of complaints filed to NCCD since its establishment (August 2002) until the reporting date is 4260. This
number includes complains filed under all discrimination criteria prohibited by national law.

     Figure 1                                               Complaints filed to NCCD

                                  2002        2003      2004         2005         2006        2007         2008         2009   2010[21]
     Criterion

     Non-contagious
     chronic disease              0            0        6           2            3        2           4            2                0
     Sexual orientation           1            5        6           9            6        7           6            6                3
     HIV/Aids infection           0            1        15          10           5        3           7            1                2
     Language                     0            2        1           2            2        7           11          13                8
     Convictions                  4           12        23          19           8        10          14          13                3
     Religion                     2            9        9           11           8        12          15           6                3
     Disadvantaged
     category                     2            0        10          6            4        26          22           9                2
     Age                          6           11        14          17           10       10          24          10                8
     Gender (Sex)                 3           14        13          9            11       22          32           9               13
     Nationality                  1           12        21          39           20       39          54          28               28

     Disability
     (Invalidity)                 3           31        18          21           20       70          55          49               25
     Ethnic origin                34          66        45          85           69       82          62          62               23
     Others                       52         184       108          61       132          32          159         96               42
     Race                         0            0        1           1            2        0           0            2                1
     Social category              26         126        63          90       132         514          372         222             124
            Total                134         473       353         382       432         836          837         528             285

         As it results from the Table (Figure 1), the complaints filed to NCCD gradually increased annually, the maximum
being reached in 2008. In 2009, there was a decrease of the number of complaints, to a great extent explained through the
amendment of anti-discrimination legislation (G.O. no. 137/2000 republished), especially G.E.O. no. 75/2008 which defined
NCCD's jurisdiction regarding the legislative measures in the field of wages of the personnel in the public sector, by which it
was settled that NCCD has no jurisdiction to rule on discrimination which has its direct source in the content of norms.
81.      The Constitutional Court has set down that: „ if it was admitted that by way of the jurisdictional control based on art.
20 par. (3) of Government Ordinance no. 137/2000, the National Council for Combating Discrimination could ascertain the
existence of discriminatory situations which have their direct source in the content of norms, the Council's decisions would
result in terminating the applicability of those provisions and even the application by analogy of other legal texts, which do
not refer to the discriminated person or social group. In such a circumstance, it is questioned the legitimacy of this body to
interfere with legislative bodies, by suppressing the applicability of certain laws and establishing that of others, but also with
the jurisdiction of the Constitutional Court , which acts as a negative legislator when it finds the lack of compliance between

the provisions of a law or ordinance and constitutional provisions, under art 16 regarding the principle of non-
discrimination".
82.      The decreased number of complaints filed to NCCD in 2009 is also reflected in the number of complaints on
discrimination on grounds of social category and socio-professional category. If in 2007, from all 836 complaints, 515

21 Complaints filed to NCCD during 1 January 2010 – 1 August 2010

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