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2018 | OriginalPaper | Chapter

Romania

Authors : Irina Moroianu Zlătescu, Petru Emanuel Zlătescu

Published in: Comparative Perspectives on the Enforcement and Effectiveness of Antidiscrimination Law

Publisher: Springer International Publishing

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Abstract

The numerous conflicts that occurred in the course of history and which, unfortunately, were not kept as mere conflicts of ideas, came out from or were based on discrimination. These conflicts were caused by restriction or exclusion on reasons of discrimination based on race, colour, gender or sexual orientation, descent, ethnic, linguistic origins, religious beliefs, culture, intelligence, physical affiliation, civil or social status, political convictions, or any other situation of the kind. Such conflicts reflect the total or partial, direct or indirect failure to acknowledge the equal position of certain persons in enjoying or exercising their human rights and fundamental freedoms enshrined in the international law.

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In its 2014 edition The European Semester provides a framework for the coordination of economic policies across the European Union. It allows EU countries to discuss their economic and budget plans and monitor progress at specific times throughout the year. Le petit Larousse dictionary defines discrimination as “the act of differentiating between and treating differently certain individuals or a group as a whole as compared to the rest of the collectivity.” See Le petit Larousse, Paris, 2013.

Treating a person unfavourably as compared to others in the same situation. See Moroianu Zlătescu (2015), p. 308 et seq. See Asztalos (2015), p. 15.

As shown on other occasions, legal provisions, neutral criteria or practices, putting certain persons at disadvantage, based on criteria protected by other persons, are an indirect discrimination. See Moroianu Zlătescu (2015) and Asztalos (2015).

See Diaconu (2005), p. 22 et seq.; Moroianu Zlătescu (2006), p. 3 et seq.

See IRDO (2001), p. 5 et seq.; Diaconu (2005), p. 22.

See “Artizanii găndirii moderne a drepturilor omului,” documents of the international colloquium organized by the Romanian Institute for Human Rights on 28 November 2003 in “Drepturile Omului” No. 4/2003, Ed. IRDO, Bucureşti, 2003. It should also be mentioned that Romania became a member of the United Nations Organization on 14 December 1955.

This comes out from scrutinizing the United Nations solemn session on the Universal Declaration of Human Rights, as well as the Millennium Declaration and the Agenda 2030.

See Moroianu Zlătescu (2012a), p. 41 et seq.; Moroianu Zlătescu et al. (2007).

See Christine Deliyanni-Dimitrakou (2013), p. 681 et seq.

ILO Convention No. 111/1958, ratified by Romania under Decree No. 284 of 11 May 1973.

In order to comply with the standards set forth by the Convention on the Rights of Persons with Disabilities, Romania modified its domestic legislation, adopting for this purpose Law No. 448/2006, published in the Official Gazette of Romania No. 1006 of 18 December 2006, republished in the Official Gazette of Romania No. 1 of 3 January 2008.

See Moroianu Zlătescu (2011), p. 25 et seq.

Romania became a member of the Council of Europe on 7 October 1993, ratified the European Convention on Human Rights on 18 May 1994, and acknowledged the jurisdiction of the European Court of Human Rights. Romania also ratified Additional Protocols 1–15 and signed Additional Protocol 16. By way of consequence, the Convention gained direct applicability in the domestic law, while knowing the jurisprudence of the European Court became an obligation since the Court is the control mechanism for the application of the Convention. The Court is competent to solve the complaints filed by natural persons and, of late, also legal persons from Romania.

Romania became a member of the European Union on 1 January 2007.

See Moroianu Zlătescu and Mihaela Mandrea (2008), p. 16.

The Charter became an official document of the European Union when the Treaty of Lisbon was signed on 13 December 2007.

Epiney et al. (2010), p. 7 et seq.; also see Moroianu Zlătescu (2012b), p. 11 et seq.

Published in OJ L 180 of 19 July 2000.

Published in OJ L 303 of 2 December 2000.

In OJ L 225 of 12 August 1986.

OJ L 46 of 17 February 1997.

In OJ L 269 of 5 October 2002, p. 15.

In OJ L 204 of 5 July 2006, p. 23.

Zlătescu (2015).

The Constitution of Romania of 1991 was amended and supplemented under the Romanian Constitution Revising Act No 429/2003, published in the Official Gazette of Romania, Part I, No. 758 of 29 October 2003. Also see, Moroianu Zlătescu (2013), pp. 24, 113, 126.

Article 11 of the Romanian Constitution reads as follows: “(1) The Romanian State pledges to fulfil as such and in good faith its obligations as deriving from the treaties it is a party to. (2) Treaties ratified by Parliament, according to the law, are part of national law.”

Article 20 of the Romanian Constitution reads as follows: “(1) Constitutional provisions concerning the citizens’ rights and liberties shall be interpreted and enforced in conformity with the Universal Declaration of Human Rights, with the covenants and other treaties Romania is a party to. (2) Where any inconsistencies exist between the covenants and treaties on the fundamental human rights Romania is a party to, and the national laws, the international regulations shall take precedence, unless the Constitution or national laws comprise more favourable provisions.”

Article 148 (2) of the Romanian Constitution reads as follows: “As a result of the accession, the provisions of the constituent treaties of the European Union, as well as the other mandatory community regulations shall take precedence over the opposite provisions of the national laws, in compliance with the provisions of the accession act.”

Adopted on 1 October 2009, under Law No. 287/2009 and implemented under Law No. 71/2011, amended and supplemented under Government Emergency Ordinance No. 79/2011, republished in the Official Gazette of Romania No. 505/2011, approved under Law No. 60 of 10 April 2012, updated and consolidated under Law No. 138/2014.

In force since 15 February 2013, amended under Government Emergency Ordinance 4/2013 and Law No. 2/2013. The most recent amendment was introduced under Government Emergency Ordinance No. 1/2016 published in the Official Gazette of Romania, Part I, No. 85 of 4 February 2016.

See Leş (2013), p. 1.

See Buneci (2014), pp. XI–XII; also, the Official Gazette of Romania, Part I, No.757 of 12 November 2012.

Official Gazette of Romania, Part I, No. 515 of 14 August 2013.

Official Gazette of Romania, Part I, No. 486 of 15 July 2010.

Official Gazette of Romania, Part I, No. 98 of 7 February 2014.

Official Gazette of Romania, Part I, No. 431 of 2 September 2000, republished in the Official Gazette of Romania No. 99 of 8 February 2007.

See Moroianu Zlătescu (2014), p. 3 et seq.; Moroianu Zlătescu and Zlătescu (2014), p. 1 et seq.

Official Gazette of Romania, I, No. 619 of 30 August 2003.

Published in the Official Gazette of Romania No. 204 of 28 April 2001, republished in the Official Gazette of Romania No. 123 of 2 February 2007.

Republished in the Official Gazette of Romania, I, No. 326 of 5 June 2013.

Official Gazette of Romania, No. 214 of 28 March 2002.

See Asztsalos (2013), p. 15 et seq.

See Article 7, Government Ordinance No. 137/2000.

See Article 9, Government Ordinance No. 137/2000.

World Economic Forum, The Global Gender Gap Report, 2013, p. 11.

The activity of the National Council for Combating Discrimination is regulated by Government Ordinance No. 137/2001, Government Decision No. 1196/2002.

The extent to which the media fulfill their responsibilities of promoting human rights depends on the journalists’ professionalism, the publishers’ and their employers’ availability, and the public’s activism as well.

See Government Ordinance No. 137/2000, republished.

See the 2010 Social Inclusion Barometer.

Report by the National Council for Combating Discrimination—Perceptions and attitudes vis-à-vis discrimination in Romania, 2012, p. 8.

See European Commission (2015), Joint Report on the application of the Racial Equality Directive (2000/43/EC) and the Employment Equality Directive (2000/78/EC).

The European Semester provides a framework for the coordination of economic policies across the European Union. It allows EU countries to discuss their economic and budget plans and monitor progress at specific times throughout the year.

See Fundamental Rights Report 2016, European Union Agency for Fundamental Rights, p. 62.

See also Deliyanni-Dimitrakou (2013), p. 682 et seq.

See also Moroianu Zlatescu (2011), p. 86 et seq.

See also Moroianu Zlatescu (2013), p. 92 et seq.

Asztalos CF (2015) Nedeş. Editura Pro Universitaria, Bucureşti, p 15

Asztsalos CF (2013) Probele în materia nediscriminării în dreptul românesc, în NEDES 2013. Editura ProUniversitaria, Bucureşti, p 15 et seq

Buneci P (coord.) (2014) Noul Cod de procedură penală. Editura C.H. Beck, Bucureşti, pp XI–XII

Deliyanni-Dimitrakou C (2013) Égalité multidimensionnelle et discriminations multiples en droit comparé. In: Revue internationale de Droit Comparé, no 3/2013, p 681 et seq

Diaconu I (2005) Discriminarea rasială. Editura Lumina Lex, Bucureşti, p 22 et seq

Epiney A, Mosters R, Progin-Teuerkauf S (2010) Droit européen II. Les libertres fondamentales de l’Union Européenne. Editura Stampfli, Bern, p 7 et seq

IRDO (2001) Lupta împotriva rasismului, discriminării rasiale, xenofobiei şi intoleranţei. Editura IRDO, Bucureşti, p. 5 et seq

Leş I (2013) Noul Cod de procedură civilă. Editura C. H. Beck, Bucureşti, p 1

Moroianu Zlătescu I (2006) Racial discrimination. Editura IRDO, Bucureşti, p 3 et seq

Moroianu Zlătescu I (2011) Protection against Racism and Discrimination. Editura IRDO, Bucureşti, p 25 et seq

Moroianu Zlatescu I (2011) Protection against Racism and discrimination. IRDO, Bucharest, p 86 et seq

Moroianu Zlătescu I (2012a) Equality and nondiscrimination. In The exercise of the right to nondiscrimination and equal opportunities in the contemporary society. Editura Pro Universitaria, Bucureşti, p 41 et seq

Moroianu Zlătescu I (2012b) Drept European. Editura Pro Universitaria, Bucureşti, p 11 et seq

Moroianu Zlătescu I (2013) Constitutional law in Romania. Wolters Kluwer, Alphen aan den Rijn, pp 24, 113, 126

Moroianu Zlatescu I (2013) 20 de ani de la adoptarea principiilor de la Paris. In: Drepturile Omului, no. 3/2013, IRDO, p 92 et seq

Moroianu Zlătescu I (2014) Fighting multiple discrimination. In: The exercise of the right to non-discrimination and equality of opportunities in the contemporary society. Editura Pro Universitaria, Bucureşti, p 3 et seq

Moroianu Zlătescu I (2015) Human rights: a dynamic and evolving process. Pro Universitaria, Bucuresti, p 308 et seq

Moroianu Zlătescu I, Mihaela Mandrea M (2008) Egalitate. Nediscriminare. Bună administrare. Editura IRDO, Bucureşti, p 16

Moroianu Zlătescu I, Zlătescu PE (2014) Discriminarea şi discriminarea multiplă. INFO-IRDO No. 9/2014, p 1 et seq

Moroianu Zlătescu I, Marinache E, Şerbănescu R (coord.) (2007) Principalele instrumente internaţionale privind drepturile omului la care România este parte, vol I – Instrumente universale. ediţia a IX-a, Editura IRDO, Bucureşti

Zlătescu PE (2015) Multiple discrimination in international and European law. The Juridical Current, Târgu-Mureş

Title: Romania
Authors: Irina Moroianu Zlătescu
Petru Emanuel Zlătescu
Publisher: Springer International Publishing
Book: Comparative Perspectives on the Enforcement and Effectiveness of Antidiscrimination Law
Print ISBN: 978-3-319-90067-4

Electronic ISBN: 978-3-319-90068-1

Copyright Year: 2018
DOI: https://doi.org/10.1007/978-3-319-90068-1_23

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