Testul comparabilităţii în determinarea juridică a discriminării: incidenţa principiului egalităţii în materia salarizării la instanţele judecătoreşti
The comparability test in the determination of discrimination: the principle of equal pay in courts

Summary/Abstract: The article explores the test of comparability in determining a case of discrimination and the criteria of the margin of appreciation on “similarly/analogous” situations in line with the provisions of Article 14 of the European Convention for the Protection of Human Rights and according to the case law of the European Court of Human Rights. Beside the theoretical analysis and the forays into European Court jurisprudence, the article emphasizes the application of the principle of equality in national law through the jurisprudence of the National Council for Combating Discrimination related to complaints lodged by judges, prosecutors, court clerks, civil servants and other Court staff. The article focuses on particular cases, underlining how the Steering Board of the National Council for Combating Discrimination has applied the test of comparability alone or in conjunction with the test of salary justification (remuneration) in complaints lodged by judges or court-related staff.

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