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administrative – jurisdictional act”, „thus being observed the constitutional provisions laid down in art. 126 par. (5) which forbids the setting up of extraordinary courts”. 20 Judgment of the Constitutional Court of Romania no. 1.096 of 15 October 2008, published in the Official Gazette no. 795 of 27 November 2008. 21 Idem 22 Judgment no. 444 of 31 March 2009, published in the Official Gazette no. 331 of 19 May 2009.  „building trust in human rights” 11.10.2. Through Judgment no. 1470 of 10 November 200923, the Constitutional Court settled that „the jurisdiction of the National Council for Combating Discrimination is not obligatory, since the law does not stipulate the obligation of the injured person to pursue an administrative-jurisdictional procedure prior to notifying the court, but only a possibility of choosing between the two ways of pursuing the right, thus it is not a case of infringement of the text of art. 21 par. (4) of the Constitution”. 31 RAPORT PRIVIND IMPLEMENTAREA DIRECTIVEI CADRU (2000/78/CE) ÎN ROMÂNIA 11.10.3. Through Judgment no. 1494 of 10 November 200924, the Constitutional Court settled that the provisions of art. 20 par. 8-10 of G.O. no. 137/2000 regarding the release of the Committee’s decision and the term to dispute such decision meet the requirements of constitutional norms, as they fully comply with the provisions of art. 16, art. 21 and art. 24 of the Constitution and with those of art. 6 of the Convention for the protection of human rights and fundamental freedoms. 11. Conclusions 11.11.1. The modification of the status of the National Council for Combating Discrimination from that of specialized body of central Government, subordinated to the Government, in that of 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 complies with the independence standard stipulated by European legislation in the field of non-discrimination. 11.11.2. The Council investigates, ascertains and monitors discrimination deeds (art. 19 par. 1 lett. c, lett. d of Law no. 324/2006) according to Council Directive no. 2000/43/ EC (art. 13 par. 2, second statement), ECRI Recommendation no. 7 (Chapter 5, point 24), Resolution of UN’s General Assembly no. 48/134 of 1993 (Chapter Principles regarding the statute of commissions with quasi-jurisdictional prerogatives). 11.11.3. The Council carries out yearly activity reports, independent, which are submitted for debate and approval to the Parliament (art. 22 par. 2 of Law no. 324/2006) according to ECRI Recommendation no. 2 (Chapter 5, Principle 5, point 3) and to Council Directive no. 2000/43/EC (art. 13 par. 2, final statement), Resolution of UN’s General Assembly no. 48/134 of 1993 (Chapter Competences and responsibilities, point 3, lett. a). 11.11.4. The Council offers specialized assistance to the victims of discrimination (art. 19 par. 1 lett. e) according to ECRI Recommendation no. 7 (Chapter 5, point 24) and Council Directive no. 2000/43/EC (art. 13 par. 2 , first statement). 11.11.5. The Council elaborates and applies public policies and is responsible for the harmonization of the provisions of laws or administrative acts in the field of non- discrimination (art. 18 par. 1 and par. 2 of Law no. 324/2006) according to Council Directive no. 2000/43/EC (art. 13 par. 2 final statement) and ECRI Recommendation no. 7 (Chapter 5, point 24), Resolution of UN’s General Assembly no. 48/134 of 1993 (Chapter Competences and responsibilities, point 3 lett. a and lett. b). 23 Judgment no. 1.470 of 10 November 2009, published in the Official Gazette no. 887 of 18 December 2009. 24 Judgment no. 1.494 of 10 November 2009, published in the Official Gazete no. 909 of 24 December 2009.  „protecţie efectivă a drepturilor omului” XII. Dialogue with non-governmental organizations (ARTICLE 14) and national transposition law 1. „DIALOGUE WITH NGO’S” IN THE FRAMEWORK DIRECTIVE 12.1.1. According to art. 14 of the framework Directive: l Member States shall encourage dialogue with appropriate non-governmental organisations which have, in accordance with their national law and practice, a legitimate interest in contributing to the fight against discrimination on any of the grounds referred to in Article 1 with a view to promoting the principle of equal treatment. 2. “CONSULTATION OF NGO’S” AND THE NATIONAL LAW 32 CONSILIUL NAŢIONAL PENTRU COMBATEREA DISCRIMINĂRII 12.2.1. According to art. 18 par. 1 and 2 of G.O. no. 137/2000 republished: l Art. 18: „The Council is responsible for enforcing and controlling the observance (…)of the law (n.n. in its field of activity). (2) The Council draws up and enforces public policies in the field of non-discrimination. For this purpose, the Council shall consult with public authorities, non-governmental organizations, trade unions and other legal entities pursuing human rights protection or having a legitimate interest in combating discrimination. XIII. Sanctions in the framework Directive (ARTICLE 15) and national transposition law 1. „SANCTIONS” IN THE FRAMEWORK DIRECTIVE 11.1.1. According to art. 17 of the Framework directive: l Member States shall lay down the rules on sanctions applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are applied. The sanctions, which may comprise the payment of compensation to the victim, must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by 2 December 2003 at the latest and shall notify it without delay of any subsequent amendment affecting them. 2. SANCTIONS STIPULATED BY NATIONAL LEGISLATION 11.2.1. According to art. 26 par. 1 and 2 of G.O. no. 137/2000, republished, the perpetration of contraventions stipulated by this law draws, as appropriate, sanctioning by warning or contraventional fine. l Art. 26: (1) The contraventions stipulated by art. 2 par. (5) and (7), art. 5-8, art. 10, art. 11 par. (1), (3) and (6), art. 12, art. 13 par. (1), art. 14 and 15 shall be sanctioned with a fine between 400 lei and 4.000 lei, if the discrimination regards an individual and with a fine between 600 lei and 8.000 lei if the discrimination regards a group of persons or a community. (2) The sanctions shall also be applied to legal persons.  „building trust in human rights” CHAPTER II COMPLAINTS AND FINDINGS OF DISCRIMINATION ON GROUNDS OF CRITERIA UNDER DIRECTIVE 2000/78/EC 33 RAPORT PRIVIND IMPLEMENTAREA DIRECTIVEI CADRU (2000/78/CE) ÎN ROMÂNIA I. Complaints filed to NCCD under national anti-discrimination law The number of complaints filed to NCCD since its setting up (August 2002) until the date of reporting (December 2010) is 4453. This number includes complaints filed based on all discrimination criteria forbidden by national law. Fig. 1 Complaints filed to NCCD 2002 2003 2004 2005 2006 2007 2008 2009 2010 Criterion Non-contagious chronic disease 0 0 6 2 3 2 4 2 0 Sexual orientation 1 5 6 9 6 7 6 6 4 HIV infection/Aids 0 1 15 10 5 3 7 1 3 Language 0 2 1 2 2 7 11 13 16 Convictions 4 12 23 19 8 10 14 13 4 Religion 2 9 9 11 8 12 15 6 6 Disadvantaged category 2 0 10 6 4 26 22 9 7 Age 6 11 14 17 10 10 24 10 9 Gender (Sex) 3 14 13 9 11 22 32 9 18 Nationality 1 12 21 39 20 39 54 28 42 Disability 3 31 18 21 20 70 55 49 38 Ethnic origin 34 66 45 85 69 82 62 62 54 Others 52 184 108 61 132 32 159 96 83 Race 0 0 1 1 2 0 0 2 1 Social category/ Socio-professional 26 126 63 90 132 514 372 222 193 Total 134 473 353 382 432 836 837 528 478 The table above (Fig. 1) shows trends recorded yearly, the complaints filed to NCCD increasing progressively, the maximum being reached in 2008. In 2009, there was a decrease in the number of complaints, to a large 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 legislative measures in the field of remuneration  „protecţie efectivă a drepturilor omului” of the budgetary personnel and Judgment of the Constitutional Court no. 997/2008 which settled that NCCD has no jurisdiction to rule on discrimination stemming directly from the content of laws 25. The decreasing proportion of complaints filed to NCCD in 2009 is also reflected in the number of complaints concerning discrimination based on the socio-professional category. If in 2007, of the total 836 complaints, 515 concerned social and socio-professional categories, in 2008 the number of these complaints decreased to 372 and in 2009 to 222. Thus, it was recorded a decrease of around 50% of complaints on discrimination based on this criterion compared to 2007 and of around 40% compared to 2008. The explanation for this decrease, in NCCD’s opinion is tightly related to the modification of NCCD’s competences by way of legislative control, following the constitutionality control. 34 CONSILIUL NAŢIONAL PENTRU COMBATEREA DISCRIMINĂRII II. Complaints filed to NCCD on grounds of religion, convictions, disability, age, sexual orientation Of all 4453 complaints filed to NCCD (2002 – 2010), around 651 complaints concerned discrimination on grounds of religion or convictions, disability, age and sexual orientation. 305 complaints concerned discrimination on disability grounds, 185 on religious affiliation or convictions, 111 complaints on grounds of age and around 50 complaints on sexual orientation grounds. Fig. 2 Complaints filed to NCCD on the grounds of Directive 2000/78/EC 2002 2003 2004 2005 2006 2007 2008 2009 2010 Criterion Religion 2 9 9 11 8 12 15 6 6 Convictions 4 12 23 19 8 10 14 13 4 Disability 3 31 18 21 20 70 55 49 38 Age 6 11 14 17 10 10 24 10 9 Sexual orientation 1 5 6 9 6 7 6 6 4 Total complaints 16 68 70 77 52 109 114 84 61 In relation to the total number of complaints filed to NCCD and compared to those filed on grounds of religion, convictions, disability, age and sexual orientation, a relevant percentage is held by notifications regarding discrimination on disability grounds (between 5-9%). Their percentage is significantly higher in relation to those concerning sexual orientation or religious affiliation. Only in 2004-2005 there was a relatively close number of complaints on grounds of disability, age and convictions (around 5%). In the other years, there were differences of three-four percentages. 25 For details see Chapter 1 Measures of transposition of Directive 2000/78/EC in national legislation, Section XI bis NCCD and compliance with standards of institutional independence in the context of Directive 2000/43/EC, point 7 and point 8.  „b