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„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.