Bodies for the promotion of equal treatment (article 13 Directive 2000/43

• Author: Romanita Iordache
• Pages: 77-87

77

7 BODIES FOR THE PROMO TION OF EQ UAL TREATMENT (Article 13 Directive

2000/43)

a) Body/bodies design ated for the promotion of equal treatment irrespective of

racial/ethnic origin according to Article 13 of the Racial Equality Di rective

The National Council for Combating Discrimination (Consiliul Naional pentru Combaterea

Discriminrii, NCCD) is the specialised national equality body with a duty to monitor and

combat all forms of discrimination. The mandate of the NCCD goes beyond the required

powers established by Article 13 of Directive 2000/43/EC. The institution is an all-grounds

equality body with administrative-jurisdictional powers and its decision s are binding. The

Romanian Anti-discrimination Law provides for an open list of grounds which the NCCD

covers.

The NCCD was established in 2002, two years after the adoption of the Anti-discrimination

Law. Since September 2006, the N CCD has been an autonomous public authority under

the control of the Parliament. The NCCD is independent in carrying out its mandate, which

includes:

‘(1) Th e Council is responsible for enforcing and controlling the observance of the

provisions of this law, in its line of wo rk, as well as for harmonising the provisions

from normative or administrative act infringing the principle of non-discrimination.

(2) The Council develops and enforces public policies in the field of anti -

discrimination. With this purpose, the Council will consult with public authorities, non-

governmental organisations, trade unions and other legal entities with a mission in

protecting human rights or with a legitimate interest in combating discrimination.’

(Article 18 of the Anti-discrimination Law)

‘With the purpose of combating discrimination, the Council will exercise its mandate

in the following areas:

a) preventing cases of discrimination;

b) mediating in cases of discrimination;

c) investigating, finding and punishing cases of discrimination;

d) monitoring cases of discrimination;

e) providing specialised assistance to victims of discrimination.

(2) The Council exercises its mandate upon request from an individual or a l egal

person or ex officio.’ (Article 19 of the Anti-discrimination Law)

The NCCD is governed by a steering board of nine members, ranked as secretaries of state,

and is managed by a President elected by the members of the steering board (Article 22

of the Anti-discrimination Law).

Different departments within the NCCD handle investigations, mediation and assistance for

victims as w ell as raising awareness. The NCCD is a quasi-judicial body featuring both

tribunal and promotional type attributes. The steering board of the NCCD is responsible for

assessing petitions and issuing decisions under the misdemeanour procedure of the Anti-

discrimination Law. Its decisions can be challenged in administrative courts.

In 2008, the Romanian Constitutional Court, when asked to review the constitutionality of

the NCCD, found that ‘the NCCD is an administrative agency with jurisdictional mandate,

which enjoys the required independence in order t o carry out administrative-jurisdictional

activities and c omplies with the constitutional provisions from Art. 124 on administration

of justice and Art. 126 (5) prohibiting the establishment of extraordinary courts of law.’ 217

In a 2009 case, the Constitutional Court reaffirmed the role of t he national equality body

217 Constitutional Court, Decision 1096, 15 October 2008. The court maintained the constitutionality of Articles

16-25 of the Anti-discrimination Law regarding the quasi-judicial nature of the national equality body.