Vezi raport EN

„building trust in human rights” (2007) Public employment offer. Conditions. Differences of treatment. Age. Sex. Mr. P.G. complained about the publishing on an specialized internet site of an employment notice. Some of the required conditions for selection were age between 35-45 years and the male gender. Through decision no. 368 of 13.03.2007, the Committee set down that the imposition of the age and sex criteria led to the implicit exclusion of persons who had not fulfilled those criteria. The imposition of certain employment conditions related to the sex and/or age of potential employees which are not objectively justified by a legitimate aim

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

according to relevant legal provision constitutes discrimination. It was ascertained that the notified deeds are direct discrimination according to art. 2 par. 1, art. 5 and art. 6 lett. a of G.O. no. 137/2000. Against the employer was decided to apply the contraventional sanctioning of warning (art. 2 par. 1, art. 5 and art. 6 lett. a of G.O. no. 137/2000, republished).

(2007) Rules of appointment in the Economic and Social Council. Criteria. Age. Miert Association complained about the manner of appointing experts who should represent non-governmental organisations in the Economic and Social Council and particularly with regard to the conditions that the candidate should have reached the age of 30 years. Through decision no. 490 of 27.11.2007, the Committee set down that the capacity of ESC member can be acquired by those who fulfill the conditions set by Law no. 109/1997 (they have only Romanian citizenship and residence in Romania, have reached the age of 30, have full legal competence and no criminal record). Through the provisions in question, was included the minimum age requirement and their effect calls into question a differentiation in relation to persons under 30 and those who reached the age of 30. The Committee ascertained that the deeds result in a differentiated treatment based on age and constitute discrimination according to art. 2 par. 1 of G.O. no. 137/2000. Also, it was decided to issue a recommendation

to the Ministry of Labour that it should endeavour to eliminate the conditionality in question (art. 2 par. 1 of G.O. no. 137/2000, republished).

(2008) Public employment notice. Conditions. Age. Sex. The National Agency for Employment complained about the notices of mediation for placement of labour force abroad. The selection criteria included the age between 25-50 years for men and between 30-54 years for women. The respondent indicated that abroad companies requiring personnel impose criteria depending on the type of labour, but in some cases were employed persons who did not fulfill age requirements. Through decision no. 138 of 11.02.2008, the Committee set down that the differentiation generated by the notices of labour force mediation based on age limits must be analyzed against a certain objective justification that pursues a legitimate aim. The argument that foreign employers impose age requirements and contracting persons who do not fulfill requirements could lead to losing the contract with the applicant company cannot be considered an objective and reasonable justification, since the condition of observing the non-discrimination principle is incumbent upon any natural or legal person,

as it is one of the general principles of Community law. Besides, the respondent did not submit any evidence allowing to retain that the specific occupational requirements of those vacancies would have justified the imposition of age requirements in relation to the economic activities or the position advertised by the employer. The Committee ascertained that the notified deeds are direct discrimination according to art. 2 par. 1, art. 5, art. 7 par. 1 of G.O. no. 137/2000. Against the respondent was decided to apply the contraventional sanction of warning (art. 2 par. 1, art. 5, art. 7 par. 1 of G.O. no. 137/2000, republished).

(2008) Filling the position of director and deputy director in pre-university institutions. Conditions. Age. Mr. M.D. complained about the fact that the norms of the Ministry of Education on filling positions of director in the state pre-university institutions made participation in the competition conditional upon age, i.e. at the date of sitting the