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„building trust in human rights” Particularly, the European Commission draws attention that „the Romanian authorities should demonstrate, at all levels, that they apply a zero tolerance policy on racism against the Roma or other minorities or groups and that this policy is effectively implemented”.12

4. The process of transposition of the acquis in 2006 and ensuring the independence of the National Council for Combating Discrimination

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

11.4.1. Following successive amendments brought to Government Ordinance no. 137/2000 through Law no. 48/2002, Government Ordinance no. 77/2003 and through Law no. 27/2004, the minimum standards stipulated in the European Directives were partly transposed in the Romanian legislation however, as the European Commission stated in its reports, there are pending disagreements between the internal law and the provisions of the acquis communautaire, i.e. of Council Directives 2000/78/EC and 2000/43/EC and for this reason, anti-discrimination legislation still requires amendments (Periodical Reports of the European Commission, 2001-2006).

11.4.2. Considering the eventual risk that at the date of accession of Romania to the European Union on 1st January 2007, the non-discrimination legislation would not be in compliance with the acquis, on 14 July 2006 was adopted Law no. 324/2006, an organic law, by which the standards in the non-discrimination field were significantly amended, particularly as regards the status of the national institution appointed to monitor and implement relevant legislation, the National Council for Combating Discrimination.

11.4.3. Law no. 324/2006 amending and supplementing Government Ordinance no. 137/2000 on the prevention and sanctioning of all forms of discrimination, published in the Official Gazette of Romania, Part I, no. 626 of 20 July 2006 stipulates expressly that it transposes the provisions of Council Directive 2000/43/EC implementing the principle of equal treatment between persons, irrespective of racial or ethnical origin, published in the Official Journal of the European Communities (OJEC) no. L180 of 19 July 2000 and the provisions of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation, published in the Official Journal of the European Communities (OJEC) no. L303 of 2 December 2000.

5. Modification of NCCD’s status in 2006

11.5.1. In order to transpose the acquis communautaire and consequently to eliminate constant criticism from the European Commission, the European Commission against Racism and Intolerance, the Advisory Committee of the Framework Convention for the Protection of National Minorities and from other international institutions, the Romanian legislator regulated the institutional aspects advised and aligned the National Council for Combating Discrimination, as regards its status, to international standards.13

11.5.2. Thus, pursuant to amendments brought by Law no. 324/2006, the National Council for Combating Discrimination is the national authority that investigates and contraventionally sanctions discrimination acts or deeds, autonomous, with legal personality, under the Parliament’s control and at the same time a guarantor of the observance and 12 See Idem, pag. 19 “The Romanian authorities should demonstrate, at all levels, that the country applies a zero- tolerance policy on racism against Roma or against any other minority or group and that this policy is effectively implemented”. 13 Directive of the Council of the European Union no. 43/2000, Recommendation of the European Commission against Racism and Intolerance no. 2 and Recommendation no. 7, Resolution of UN’s General Assembly no. 48/134 of December 1993, „The Paris Principles” regarding measures for establishing national institutions of human rights.