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„building trust in human rights” The Periodical Report of the European Commission in 2000: „significant efforts are required in order to transpose the acquis”.

11.3.2. The European Commission was pleased about the adoption of Government Ordinance no. 137/2000, setting down in its Report from 2000 that „there has been a significant progress in September, through the adoption by the Government of the legislation regarding the prohibition of discrimination by civil servants, individuals, private companies,

25 RAPORT PRIVIND IMPLEMENTAREA DIRECTIVEI CADRU (2000/78/CE) ÎN ROMÂNIA

undertakings on grounds of nationality, race, ethnic origin, age, gender and sexual orientation. Severe sanctions were stipulated for breaching the provisions in question. This initiative is a very positive step, but a secondary legislation and review of institutional aspects will be necessary before the Ordinance provisions become applicable. It is therefore too early to assess the effectiveness of this measure”4. In the same regard, it is shown that „the implementation of this legislation which, inter alia pursues to transpose the provisions of the EC Directive, pursuant to art. 13 of the Treaty, as regards discrimination on grounds of general or ethnical origin will require significant efforts and continuous attention”.5

The 2001 Periodical Report of the European Commission: „non-operational legislation and the National Council for Combating Discrimination has not been established”.

11.3.3. The European Commission reaffirms the importance of the adoption of Government Ordinance no. 137/2000 on the prevention and sanctioning of all forms of discrimination, considering that broadly, the law is in line with Directive 78/2000 and with the recent recommendations of the European Commission against Racism and Intolerance, but it finds that „the Ordinance is non-operational because secondary legislation has not been adopted and the National Council for Combating Discrimination has not been established”6. The 2002 Periodical Report of the European Commission: „NCCD is not an independent institution”.

11.3.4. In 2002, the European Commission expressly states its preoccupation for the status of the National Council for Combating Discrimination, as established through G.O. no. 137/2000 and consequently through G.D. no. 1194/2001 and G.D. no. 1514/2002. The Report of the Commission underlines that „it is necessary to amend legislation in order to comply with the acquis pursuant to art. 13 of the EC Treaty and with regard to NCCD it states that „in practice it is not an independent institution since it is administratively subordinated to the Government”.7 4 See Regular Report from the Commission on Romania’s Progress towards accession; 8 November 2000; pagina 21, “In September 2000, one important development was the introduction, by government ordinance, of new legislation prohibiting discrimination by public employees, individuals, private companies and economic operators on the grounds of nationality, race, ethnicity, age, gender, or sexual orientation. Heavy fines have been established for violating its provisions. This initiative is a very positive step – but both further secondary legislation and revised institutional arrangements will be necessary before the

provisions contained in the ordinance can be applied. It therefore remains too early to assess the effectiveness of this measure”. 5 See Idem; page. 59 “The implementation of this legislation (which, inter alia,aims to transpose the provisions of the EC Directive, based on Art. 13 of the Treaty, relative to discrimination on the grounds of race or ethnic origin), will require substantial effort and continuous attention”. 6 See 2001 Regular Report from the Commission on Romania’s Progress towards accession, 13.11.2001; page 22 “(…) The ordinance covers rights defined in relevant international agreements and is broadly in line with the Council Directive on Implementing the Principle of Equal Treatment between Persons Irrespective of their Racial and Ethnic Origin as well as recent recommendations of the European Commission against Racism and Intolerance. However the ordinance is not yet operational since the necessary secondary legislation has not been adopted and the implementing body, the National Council for Preventing and Combating Discrimination, has not yet been established. Despite these delays, this legislation should, when implemented, represent a positive development by providing legal protection against discrimination on various grounds, including ethnic origin, language, religion and sexual orientation”.

7 See 2002 Regular Report from the Commission on Romania’s Progress towards accession, 9.10.2002; page 29; ”However, amendments to the law will be needed in order to fully conform with the acquis based on Article 13 of the EC Treaty, notably with regard to indirect discrimination and the burden of proof. (…) The decision setting up the Council states that it will operate independently of any institution or public authority. However, in practice it is not an independent body as it remains administratively subordinated to the Government” şi pagina 85 “The National Council for Combating Discrimination was established in August 2002. These are positive developments although amendments to the law will be needed in order to fully conform with the acquis”.