Vezi raport EN

„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

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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 Commission in 2000-2005 regarding the National Council for Combating Discrimination and the transposition of the acquis. 1 See Accession Partnership with Romania (1999, revised February 2000) - political criteria/human rights; 4.2 Medium term: Political criteria: ”(…) implement measures aimed at fighting discrimination (including within the public administration)”. 2 See the European Journal of the European Communities, L44/82, 14.2.2002, Council Decission on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with Romania (2002), Political

criteria, Human rights and minority protection, “(…) Establish and ensure the due functioning of institutions to prevent and combat all forms of discrimination (…)”. 3 See the European Journal of the European Communities, L145/26, 12.6.2003, Council Decission on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with Romania; “Continue alignment of the acquis on anti-discrimination and ensure its proper implementation by making the Romanian National Council for Combating Discrimination fully operational”.