Romanian National Council for Combating Discrimination

Date established:

Mode of establishment:

Status:

Mandate/objectives:

As set out in Governmental Decision 1194/2001 and in Governmental Ordinance nr 137/2000:

a) proposes the establishment, under the law, of certain actions or special measures for the protection of disadvantaged persons and categories that are either in a position of inequality compared to the majority of citizens due to their social origin or disability – (the Romanian Constitution and therefore legislation uses the word “handicap”), or are confronted with attitudes of rejection and marginalisation, when not benefiting from the equality of opportunity;
b) proposes the Government draft legal regulations in the field;
c) endorses draft legal regulations regarding the exercise of rights and freedoms, in conditions of equality and non-discrimination;
d) co-operates with public authorities with prerogatives in the field with a view to the approximation of the domestic legislation with international regulations on non-discrimination;
e) co-operates with public authorities, natural and legal and natural persons in order to prevent, sanction and eliminate all forms of discrimination;
f) monitors the application and observance of the legal provisions on preventing, sanctioning and eliminating all forms of discrimination by public authorities, legal and natural entities;
g) receives petitions and complaints regarding violations of the legal provisions concerning the principle of equality and non-discrimination from natural persons, NGOs with activities in the field of the protection of human rights, other legal entities, public institutions; analyses the respective petitions and complaints, adopts appropriate measures and answers within the term provided under Governmental Ordinance nr 27/2002 regarding the activity of responding to petitions
h) co-operates with NGOs in activities in the field of human rights protection;
i) elaborates studies and research on the observance of the principle of equality and non-discrimination that shall be submitted to the Government and made public;
j) Issues publications in this domain;
k) Ascertains and sanctions contraventions of the Government’s Ordinance No. 137/2000;
l) Co-operates with similar foreign organisations and with foreign NGOs active in the field of the protection of human rights, as well as with international organisations in the field.
m) The Council will perform any other functions established by the Government or by the Parliament by law intended to prevent, sanction and eliminate all forms of discrimination.
n) According to Law 324 of 14 July 2006 amending and supplementing Government Ordinance no. 137/2000 on prevention and sanction of all forms of discrimination, The Council is responsible for applying and respecting the provisions of the present law in its field of activity, as well as harmonising of provisions from normative and administrative acts which are infringing the principle of non-discrimination.
o) According to Law 324 of 14 July 2006 amending and supplementing Government Ordinance no. 137/2000 on prevention and sanction of all forms of discrimination, The Council is responsible for preparing and enforcing public policies in matters of non-discrimination. For that purpose, the Council will hold advisory meetings with the public authorities, NGOs, trades union and other legal entities whose purpose is to protect human rights and which have a legitimate interest to combat discrimination (according to Law 324 of 14 July 2006 amending and supplementing Government Ordinance no. 137/2000 on prevention and sanction of all forms of discrimination).

Grounds of Discrimination covered:

race, nationality, ethnicity, language, religion, social origin, beliefs, sex or sexual orientation, age, disability, chronic non-contagious diseases, persons infected with HIV or belonging to a disfavoured category (for example, refugees, asylum seekers, pensioners, abandoned children, convicted persons who have served their sentences etc.).

Competences and responsibilities:

According to the Governmental Ordinance nr 137/2000 these are:
1. implementing the principle of equality between citizens and the principle of non-discrimination
2. preventing discrimination
3. sanctioning discrimination deeds
4. mediation
5. cooperating with NGOs and public institutions

Main activities:

Examining and responding to petitions, conducting independent investigations, mediation, co-operation with NGOs.

Publications:

Legislation in the field of non-discrimination, Dictionary of terms in the field of discrimination, Jurisprudence of NCCD – all are books published in Romanian language, available at our office.

Management:

President and Vicepresident when the President delegates his authority by Internal Decision. The Members of the Steering Board have the rank of Secretary of State.

Nomination of senior staff and board:

The Steering Board of the NCCD is a collective and deliberative body that takes responsibility for the tasks provided by law and the Presisdent and the Vicepresident are members of the Steering Board. The Steering Board is made up of 9 members having the rank of secretary of state, appointed in the plenary session by the two Chambers of the Parliament. Nominations for the Steering Board shall be filed at the Standing Bureaus of Chambers of Deputies and Senate, within 30 days of the date when the mandates become vacant. The nominees shall have attached: curriculum vitae, criminal record, and statements of the candidates from which results that they don’t fall under the provisions of the art.198, paragraph (3), subparagraphs (e) and (f).

The Standing Bureaus of the two Chambers of the Parliament shall publish the list of candidates on their websites and submit their nominees to the standing specialty committees so that candidates can be interviewed in a joint session. Within 15 days of the date when the list of candidates is published, well-substantiated objections against candidates can be filed in writing.

Once candidates have been interviewed, the standing specialty committees shall prepare a joint report that will be read in a joint session of the Chamber of Deputies and the Senate.

Candidates can be approved by the majority of present deputies and senators

Number of Staff:

40

Budget:

25.564.201.000 lei (approx 706,000 Euros)

Accountability:

The NCCD reports to the Minister of Finance and to a specialised Court (Court of Accounts) who has the authority to check these issues.

Additional relevant information:

The Members of the Steering Board may apply sanctions when they ascertain a discrimination has taken place. The sanctions can be warnings or fines of between 400 to 4.000 lei, if the discrimination affects a natural person, and of between 600 to 8.000 lei, if the discrimination affects a group of persons or a community

Address: