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„building trust in human rights” „In Government Ordinance no. 137/2000 on the prevention and sanctioning of all forms of discrimination, republished in the Official Gazette of Romania, Part I, no. 99 of 8 February 2007, after par. (2) of article 19 shall be introduced a new paragraph (3) with the following content: (3) The notifications regarding legislative measures adopted under the remuneration policy of budgetary personnel do not fall under the jurisdiction of the National Council for Combating Discrimination.”

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

11.7.3. Through law no. 76 of 1 April 2009, published in the Official Gazette no. 231 of 8 April 2009, approving Emergency Ordinance no. 75/2008, art. V of GEO no. 75/2008 was repealed.

8. Judgment of the Constitutional Court on NCCD’s capacity regarding discrimination stemming from law

11.8.1. Through Ruling of 14 April 2008, delivered in File no. 7604/99/2007, the Court of Appeal Iasi - Section of contentious and fiscal matters notified the Constitutional Court with the exception of unconstitutionality regarding the provisions of art. 20 of Government Ordinance no. 137/2000 on the prevention and sanctioning of all forms of discrimination. The exception was stated by the Ministry of Justice on the occasion of settling the appeal filed against Civil Judgment no. 16/CA of 10 January 2008, delivered by Iasi Tribunal in File no. 7.604/99/2007, by which Iasi Tribunal, Iasi Court of Appeal and Ministry of Justice were forced to pay salary entitlements resulting from wage differences ascertained through Decision no. 151 of 21 June 2007 of the National Council for Combating Discrimination.

11.8.2. Through judgment no. 997 of 7 October 2008, published in the Official Gazette no. 774 of 18.11.2008, the Constitutional Court admitted the unconstitutionality exception stated by the Ministry of Justice settling that „(…) the provisions of art. 20 par. 3 of Government Ordinance no. 137/2000 on the prevention and sanctioning of all forms of discrimination are unconstitutional to the extent they are interpreted as granting to the National Council for Combating Discrimination the jurisdiction within its jurisdictional activity of cancelling or refusing to apply certain official laws, considering them discriminatory and replacing them with norms generated through judicial activity or with provisions contained in other laws”.

11.8.3. The Constitutional Court set down some aspects, among which: “The Court finds that, in order to fulfill its role of guarantor of the observance and enforcement of the non-discrimination principle, the National Council for Combating Discrimination is called to also watch the way in which this principle is observed within laws. In this regard, this body may ascertain the existence of discriminatory legal provisions and can express its opinion regarding the harmonization of provisions within laws or administrative acts with the non- discrimination principle. Are relevant here the outcomes of such opinions. Thus, if it was admitted that by way of the jurisdictional control based on art. 20 par. (3) of Government Ordinance no. 137/2000, the National Council for Combating Discrimination is able to ascertain the existence of discriminatory situations which stem directly from the content of legal provisions, the Council’s decision would result in ending the application of such provisions and even in the application by analogy of other provisions, which would not refer

to the person or social group who are discriminated. In such a circumstance, is questioned the legitimacy of this body of interfering with the legislative power through eliminating the application of certain laws and establishing the application of others, but also with the