Indicator history

The European network of legal experts in the non-discrimination field "Report on Measures to Combat Discrimination. Directives 2000/43/EC and 2000/78/EC. Country Report 2010. Romania", written by Romanita Iordache identified a number of shortcomings in the implementation of these EU directives into the Romanian legislation:

1. "The possibility to allow justifications of direct discrimination in the fields of housing and access to services and goods is in breach of Directive 2000/43, which does not foresee such possibilities." (p.8)
2. "[T]he national court or the national equality body faced with a legal provision falling outside the scope of European Union law, which is incompatible with the anti-discrimination principle does not have a mechanism allowing it to decline to apply that particular legal provision as provided by the European Court in Seda Kucukdeveci v. Swedex GmbH & Co.KG C-555/07 from 19.01.2010." (p.9)
3. The law fails "to sanction as harassment unwanted conduct with the purpose of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment and sanction..." (p.9)
4. "The provisions on the burden of proof are not in full compliance with the Directives and are under a threat of being further diluted." (p.9)
5. "[T]he solution of appointment of the NCCD Steering Board members by the Parliament, as a guarantee of the institutional independence, proved to be, in practice, a hindrance." (p.10)
6. Budgetary cuts affect the national equality body activity. (p.10)