Probleme juridice în procedura de reglementare privind „discriminarea legislativă” provenite din diferenţele de jurisprudenţă
Juridical issues on the settlement procedure about ”legislative discrimination” related to the case-law differences
Author(s): Cristian Nuică Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence
Published by: Centrul de Studii Internationale
Keywords: National Council for Combating Discrimination; High Court of Cassation and Justice; Constitutional Court; jurisprudence; discrimination resulting from the law;
Summary/Abstract: In the article I analyse the manner in which the legal norms regarding the procedure for resolving cases of "legislated discrimination" are interpreted and applied. I show that the courts are inconsistent and contradictory in their treatment of the competences of the NCCD regarding the resolution of discrimination cases created by laws. I argue that the NCCD is competent to analyse a complaint regarding "legislated discrimination", but only outside the administrative-judicial framework. When the violation of the principle of nondiscrimination is confirmed, the NCCD can submit an opinion to be appended to the decision that may contain non-mandatory recommendations. Finally, I propose the promotion of an appeal in the interest of the law regarding consistency in interpretation by relevant courts of the provisions of Art. 20 of G.O. no. 137/2000.
Journal: Noua Revistă de Drepturile Omului
- Issue Year: 15/2019
- Issue No: 3
- Page Range: 41-51
- Page Count: 11
- Language: Romanian