Vezi raport EN

                                                           „building trust in human rights”
  XI.      Bodies promoting equality of treatment under European Directives

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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)”.