Vezi raport EN

„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.