Standarde europene privind sarcina probei în cazurile de discriminare şi transpunerea în dreptul intern ca excepţie a principiului de drept comun
Burden of Proof in Discrimination Cases and the Transposition into Domestic Law as Exception from the Principle affirmanti incumbit probation

Summary/Abstract: The paper explores the standard of proof and of the burden of proof at European level as well as the transposition at national level from a jurisprudential point of view. The European Court of Human Rights’ and the European Court of Justice’s main approaches to the burden of proof in cases of discrimination are analyzed in view of the proof “beyond a reasonable doubt” or “the balance of probabilities”. Beyond the common principle “affirmanti incumbit probatio”, the article looks into the practical meaning of the principle of shifting the burden of proof in discrimination cases as interpreted by the case law of the European Court of Human Rights and the European Court of Justice. Subsequently, the transposition into the Romanian anti-discrimination law of the standard of proof is highlighted especially from the perspective of the jurisprudence of the National Council for Combating Discrimination.

• Details
• Contents