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„building trust in human rights” 11.10.2. Through Judgment no. 1470 of 10 November 200923, the Constitutional Court settled that „the jurisdiction of the National Council for Combating Discrimination is not obligatory, since the law does not stipulate the obligation of the injured person to pursue an administrative-jurisdictional procedure prior to notifying the court, but only a possibility of choosing between the two ways of pursuing the right, thus it is not a case of infringement of the text of art. 21 par. (4) of the Constitution”.

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

11.10.3. Through Judgment no. 1494 of 10 November 200924, the Constitutional Court settled that the provisions of art. 20 par. 8-10 of G.O. no. 137/2000 regarding the release of the Committee’s decision and the term to dispute such decision meet the requirements of constitutional norms, as they fully comply with the provisions of art. 16, art. 21 and art. 24 of the Constitution and with those of art. 6 of the Convention for the protection of human rights and fundamental freedoms.

11. Conclusions

11.11.1. The modification of the status of the National Council for Combating Discrimination from that of specialized body of central Government, subordinated to the Government, in that of state authority, autonomous, under the Parliament’s control (art. 16, art. 17, art. 18 of Law no. 324/2006), as it results from the conclusions of the European Commission complies with the independence standard stipulated by European legislation in the field of non-discrimination.

11.11.2. The Council investigates, ascertains and monitors discrimination deeds (art. 19 par. 1 lett. c, lett. d of Law no. 324/2006) according to Council Directive no. 2000/43/ EC (art. 13 par. 2, second statement), ECRI Recommendation no. 7 (Chapter 5, point 24), Resolution of UN’s General Assembly no. 48/134 of 1993 (Chapter Principles regarding the statute of commissions with quasi-jurisdictional prerogatives).

11.11.3. The Council carries out yearly activity reports, independent, which are submitted for debate and approval to the Parliament (art. 22 par. 2 of Law no. 324/2006) according to ECRI Recommendation no. 2 (Chapter 5, Principle 5, point 3) and to Council Directive no. 2000/43/EC (art. 13 par. 2, final statement), Resolution of UN’s General Assembly no. 48/134 of 1993 (Chapter Competences and responsibilities, point 3, lett. a).

11.11.4. The Council offers specialized assistance to the victims of discrimination (art. 19 par. 1 lett. e) according to ECRI Recommendation no. 7 (Chapter 5, point 24) and Council Directive no. 2000/43/EC (art. 13 par. 2 , first statement).

11.11.5. The Council elaborates and applies public policies and is responsible for the harmonization of the provisions of laws or administrative acts in the field of non- discrimination (art. 18 par. 1 and par. 2 of Law no. 324/2006) according to Council Directive no. 2000/43/EC (art. 13 par. 2 final statement) and ECRI Recommendation no. 7 (Chapter 5, point 24), Resolution of UN’s General Assembly no. 48/134 of 1993 (Chapter Competences and responsibilities, point 3 lett. a and lett. b).

23 Judgment no. 1.470 of 10 November 2009, published in the Official Gazette no. 887 of 18 December 2009. 24 Judgment no. 1.494 of 10 November 2009, published in the Official Gazete no. 909 of 24 December 2009.