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„protecţie efectivă a drepturilor omului” of the budgetary personnel and Judgment of the Constitutional Court no. 997/2008 which settled that NCCD has no jurisdiction to rule on discrimination stemming directly from the content of laws 25.

The decreasing proportion of complaints filed to NCCD in 2009 is also reflected in the number of complaints concerning discrimination based on the socio-professional category. If in 2007, of the total 836 complaints, 515 concerned social and socio-professional categories, in 2008 the number of these complaints decreased to 372 and in 2009 to 222. Thus, it was recorded a decrease of around 50% of complaints on discrimination based on this criterion compared to 2007 and of around 40% compared to 2008. The explanation for this decrease, in NCCD’s opinion is tightly related to the modification of NCCD’s competences by way of legislative control, following the constitutionality control.

34 CONSILIUL NAŢIONAL PENTRU COMBATEREA DISCRIMINĂRII

                                                                       II.      Complaints filed to NCCD on grounds of religion, convictions,
                                                                                                           disability, age, sexual orientation

Of all 4453 complaints filed to NCCD (2002 – 2010), around 651 complaints concerned discrimination on grounds of religion or convictions, disability, age and sexual orientation. 305 complaints concerned discrimination on disability grounds, 185 on religious affiliation or convictions, 111 complaints on grounds of age and around 50 complaints on sexual orientation grounds.

                                                          Fig. 2                          Complaints filed to NCCD on the grounds of Directive 2000/78/EC
                                                                                    2002      2003       2004       2005      2006      2007     2008      2009      2010
                                                          Criterion
                                                          Religion                    2          9          9         11        8        12        15         6        6
                                                          Convictions                 4         12         23         19        8        10        14        13        4
                                                          Disability                  3         31         18         21        20       70        55        49        38
                                                          Age                         6         11         14         17        10       10        24        10        9
                                                          Sexual orientation          1          5          6          9        6         7         6         6        4

                                                          Total complaints           16         68         70         77        52       109      114        84        61

In relation to the total number of complaints filed to NCCD and compared to those filed on grounds of religion, convictions, disability, age and sexual orientation, a relevant percentage is held by notifications regarding discrimination on disability grounds (between 5-9%). Their percentage is significantly higher in relation to those concerning sexual orientation or religious affiliation. Only in 2004-2005 there was a relatively close number of complaints on grounds of disability, age and convictions (around 5%). In the other years, there were differences of three-four percentages. 25 For details see Chapter 1 Measures of transposition of Directive 2000/78/EC in national legislation, Section XI bis NCCD and compliance with standards of institutional independence in the context of Directive 2000/43/EC, point 7 and point 8.