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Member States shall ensure that associations, organisations or other legal entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, either on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure provided for the enforcement of obligations under this Directive.  „building trust in human rights” 4. THE CAPACITY TO PURSUE THE PROCEEDINGS IN NATIONAL LAW 8.4.1. According to art. 28 par. 1 and par. 2 of G.O. no. 137/2000, republished, as amended through Law no. 27 of 5 March 2004: l (1) The non-governmental organizations aimed at protecting human rights or having a legitimate interest in combating discrimination have the capacity to pursue the 21 RAPORT PRIVIND IMPLEMENTAREA DIRECTIVEI CADRU (2000/78/CE) ÎN ROMÂNIA proceedings in case the discrimination relates to their field of activity and causes offense to a community or a group of persons. (2) The organizations stipulated in par. (1) have the capacity to pursue the proceedings also in case the discrimination causes offense to an individual, upon the latter’s request. 5. STATUTES OF LIMITATION IN THE FRAMEWORK DIRECTIVE 8.5.1. According to art. 9 par. 3 of the Framework directive: l Paragraphs 1 and 2 are without prejudice to national rules relating to time limits for bringing actions as regards the principle of equality of treatment. 6. STATUTES OF LIMITATION IN NATIONAL LAW 8.6.1. The statutes of limitation regarding actions brought before the National Council for Combating Discrimination or before courts are stipulated in art. 20 par. 1 and art. 27 par. 2 of G.O. no. 137/2000, republished. l According to art. 20 par. 1 and art. 27 par. 2 of G.O. no. 137/2000, republished: Art. 20 par. 1: „A person deeming himself discriminated can notify the Council within one year from the date when the deed was perpetrated or from the date when he could ascertain it”. Art. 27 par. 1: The person deeming himself discriminated may draft before the court a request of damages and of re-instating the situation before discrimination or annulment of the situation created through discrimination, according to ordinary law. The request is exempt of judicial stamp tax and is not conditioned on notifying the Council. (2) The term for submitting the request is 3 years and it starts on the date of deed perpetration or on the date when the concerned person could ascertain it. IX. Burden of proof in the framework Directive (ARTICLE 10) and national transposition law 1. BURDEN OF PROOF IN THE FRAMEWORK DIRECTIVE 9.1.1. According to art. 8 par. 1 of the framework Directive: l Member States shall take such measures as are necessary, in accordance with their national judicial systems, to ensure that, when persons who consider themselves wronged because the principle of equal treatment has not been applied to them establish, before a court or other competent authority, facts from which it may be presumed that there has been direct or indirect discrimination, it shall be for the respondent to prove that there has been no breach of the principle of equal treatment.  „protecţie efectivă a drepturilor omului” 2. BURDEN OF PROOF IN NATIONAL LAW 9.2.1. Art. 20 par. 6 of G.O. no. 137/2000, as amended through Law no. 324/2006 (published in the Official Gazette no. 626 of 20 July 2006) regulates the burden of proof in discrimination cases. The same rule applies to actions brought before courts, according to art. 27 par. 4 of G.O. no. 137/2000, republished. l „The concerned person is obliged to prove the existence of the deeds allowing to presume the existence of a direct or indirect discrimination and the person against whom the notification was filed is responsible for proving that the deeds are not discrimination. Any kind of evidence can be brought before the Steering Committee, including audio and video recordings or statistical data”. 9.2.3. On 8 December 2010, the Romanian Senate adopted a draft bill (L462/2010) which amended art. 10 par. 6 of G.O. no. 137/2000, republished. The amended text has the following content: 22 CONSILIUL NAŢIONAL PENTRU COMBATEREA DISCRIMINĂRII l The concerned person is obliged to prove the existence of deeds allowing to presume the existence of direct or indirect discrimination and the person against which the notification was filed may bring, in his/her defence, any kind of evidence in order to prove that the deeds are not discrimination. Any kind of evidence can be brought before the Steering Committee, including audio and video recordings or statistical data.” 9.2.4. On 10.12.2010, the draft bill was transmitted to the Chamber of Deputies (decision-making chamber) for debate and approval. X. Victimisation in the framework Directive (ARTICLE 11) and national transposition law 1. VICTIMISATION IN THE FRAMEWORK DIRECTIVE 10.1.1. According to art. 11 of the framework Directive: l Member States shall introduce into their national legal systems such measures as are necessary to protect employees against dismissal or other adverse treatment by the employer as a reaction to a complaint within the undertaking or to any legal proceedings aimed at enforcing compliance with the principle of equal treatment. 2. VICTIMISATION IN THE NATIONAL LAW 10.2.1. The concept of victimisation was introduced in national legislation through G.O. no. 77/2003 and amended through Law no. 27/2004. According to art. 2 par. 7 of G.O. no. 137/2000 republished: l According to this ordinance, any adverse treatment as a reaction to a complaint or to any legal proceedings in relation to the infringement of the equal treatment or of the non- discrimination principle constitutes victimisation and shall be contraventionally punished.  „building trust in human rights” XI. Bodies promoting equality of treatment under European Directives l 1. BODIES PROMOTING EQUALITY – DIRECTIVE 2000/43/EC 11.1.1. According to art. 13 of Directive 2000/43/EC: 23 RAPORT PRIVIND IMPLEMENTAREA DIRECTIVEI CADRU (2000/78/CE) ÎN ROMÂNIA (1) Member States shall designate a body or bodies for the promotion of equal treatment of all persons without discrimination on the grounds of racial or ethnic origin. These bodies may form part of agencies charged at national level with the defence of human rights or the safeguard of individuals’ rights.. (2) without prejudice to the right of victims and of associations, organisations or other legal entities referred to in Article 7(2): providing independent assistance to victims of discrimination in pursuing their complaints about discrimination; conducting independent surveys concerning discrimination; publishing independent reports and making recommendations on any issue relating to such discrimination. XI.bis National Council for Combating Discrimination and fulfilling the institutional independence standards under Directive 2000/43/EC 1. Establishment of the National Council for Combating Discrimination 11.1.1. Government Ordinance no. 137 of 31 August 2000 on the prevention and sanctioning of all forms of discrimination, published in the Official Gazette no. 781 of 2 September 2000, referring to the National Council for Combating Discrimination stipulated in art. 23 par. 1 that it is a specialized central Government body, subordinated to the Government. Par. 2 of the same article stipulated that the organisational structure and other powers of the National Council for Combating Discrimination shall be regulated through Government Decision. The nature of NCCD’s central Government body, subordinated to the Government is consequently laid down in art. 1 par. (1) of Government Decision no. 1194/2001 which adds that it has legal personality. Therefore, the National Council for Combating Discrimination in the initially adopted formula was a central Government body, directly subordinated to the Government and organized separately from ministries. 11.1.2. Government Decision no. 1194 of 27 November 2001 on the organization and operation of the National Council for Combating Discrimination, published in the Official Gazette no. 792 of 12 December 2001 stipulated in art. 4 par. 1 that: „(1) The President is appointed and discharged through Decision of the Prime-Minister, from the members of the Steering Committee”. According to art. 5 (1) „The members of the Steering Committee are appointed and discharged through Decision of the Prime-Minister, and (2) „In order to appoint the members of the Steering Committee, the Ministry of Public Information, Ministry of Labour, Social Solidarity and Family, Ministry of Justice, Ministry of Health, Ministry of Administration and Interior and Ministry of Education, Research and Youth submit three proposals each…” and (3) The Prime Minister will appoint one member each from the three proposed by the public authorities stipulated in par. (2)”.  „protecţie efectivă a drepturilor omului” 2. European Union Council Decisions regarding Romania’s accession process and institutions of combating discrimination 11.2.1. The 1999 Accession Partnership with Romania, revised in 2000, stipulates in the chapter Political Criterion/Human Rights, Section Objectives, point 4.3. „Medium Term” as a priority the recommendation of „implementing measures to combat discrimination, also within the public administration”. 1 11.2.2. Through Decision of the Council of the European Union 2002/92/EC, point 6, the EU Council indicates that „in order to prepare for accession, Romania must continue to revise its national program for the adoption of the acquis”. Thus, the Council, in accordance with art. 2 of the (EC) norms no. 622/98 established the principles, priorities, intermediate objectives and requirements 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 complied with by Romania, i.e. „the establishment 24 CONSILIUL NAŢIONAL PENTRU COMBATEREA DISCRIMINĂRII and ensuring of the appropriate operation of institutions to prevent and combat all forms of discrimination”2. Also, the chapter Economic Criterion, section Social and employment policies includes Romania’s obligation to „adopt the secondary legislation for combating discrimination and develop an implementation plan”. 11.2.3. Romania’s priorities for accession were restated and revised through Decision of the Council of the European Union 2003/397/EC 3 regarding the principles, priorities, intermediate objectives and requirements of the Accession Partnership with Romania. The Council of the European Union expressly settled in chapter 4 Priorities, Section Political Criterion „to continue to align the acquis in the field of non-discrimination and properly implement it in order to ensure the operational functioning of the National Council for Combating Discrimination.” In the chapter Economic Criterion, section Social and employment Policies, the EU Council re-affirms Romania’s obligation to continue to align the acquis in the field and non-discrimination and ensure its implementation”. The implementation of the Accession Partnership and of the obligations undertaken through the Decisions of the European Council were monitored pursuant to art. 2 of Decision 2002/92/EC and 2003/397/EC by the institutions of the European Agreement and the Council institutions to which the European Commission submitted periodical reports. 3. Criticism of the European Commission regarding the transposition of the acquis in the field of non-discrimination and NCCD’s independence 11.3.1. Starting from the end of 1998, the European Commission has regularly monitored the progress of EU candidate countries from Central and Eastern Europe in the process of preparing the accession. With regard to Romania, the Commission has published every year the Periodical Report regarding the process of accession to the Union, monitoring, among others especially Romania’s alignment to the acquis in the field of non-discrimination. In this regard, are presented below the conclusions of the European Commiss