Goods and services (Directive 2004/113)

• Author: Iustina Ionescu
• Pages: 51-53

51

9 Goods and services (Directive 2004/113)184

9.1 General (legal) context

9.1.1 Surveys and reports about the difficulties linked to equal access to and sup ply of

goods and services

No surveys and/or reports have been published in Roman ia over the last five years which

provide insights into the difficulties men and women may face in terms of equal access to

and supply of goods and services. There are no known complaints either.

9.1.2 Specific problems of discrimination in the online environment/digital

market/collaborative economy

The author has not witnessed the emergence of any specific p roblems of discrimination

concerning access to and supply of g oods and services in the online environment/digit al

market/collaborative economy.

9.1.3 Political and societal debate

There has been no political and/or societal debate on this topic.

9.2 Prohibition of direct and indirect discrimination

The national law prohibits direct and indirect discrimination on grounds of sex in access

to, and the supply of, goods and services. The Anti- discrimination Law185 and the Gender

Equality Law186 have a wider personal scope than the field of employment. Other grounds

than sex are also covered in relation to equal access to goods and services. However, the

Romanian Government decided to adopt a separate piece of legislation exclusively

transposing Directive 2004/113/EC.187 While it fully transposes the Directive, this law ha s

numerous provisions showing an overlap with th e remainder of the existin g legislation in

the field of equality and non-discrimination. This is problematic because it create s

fragmentation of legal provisions in the field of gender equality.

9.3 Material scope

The Goods and Services Law exactly reproduces the scope provided for in Directive

2004/113/EC. It applies to all persons who provide goods and services available to the

general public, public or private legal persons and public bodies.

9.4 Exceptions

The national law has applied the exceptions from the material scope as specified in Article

3(3) of Directive 2004/113/EC, regarding the content of media, advertising and education.

According to the Goods and Services Law, the goods and services are offered outsid e the

field of private and family life and do not apply to the media and advertising, education

184 See e.g. Caracciolo di Torella, E. and McLellan, B. (2018) Gender equality and the collaborative economy ,

European network of legal experts in gender equality and non-discrimination, available at:

www.equalitylaw.eu/downloads/4573-gender-equality-and-the-collaborative-economy-pdf-721-kb.

185 Government Ordinance No. 137/2000 regarding the prevention and sanctioning of all forms of

discrimination (Ordonana Guvernului nr.137 din 31 august 2000 privind prevenirea şi sancionarea tuturor

formelor de discriminare), republished in Official Journal No. 166 of 7.3.2014.

186 Law 202/2002 regarding equal opportunities for women and men (Legea nr.202 din 19 aprilie 2002 privind

egalitatea de şanse şi de tratament între femei şi brbai), republished in Official Journal No. 326 of

5.6.2013.

187 Government Emergency Ordinance No.61/2008 on the implementation of the principle of equal treatment

between women and men regarding access to goods and services (Ordonanta de Urgen a Guvernului

nr.61/2008 privind implementarea principiului egalitii de tratament între femei şi brbai în ceea ce

priveşte accesul la bunuri şi servicii şi furnizarea de bunuri şi servicii).