Juridical issues on the settlement procedure about ”legislative discrimination” related to the case-law differences Cover Image

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.

  • Issue Year: 15/2019
  • Issue No: 3
  • Page Range: 41-51
  • Page Count: 11
  • Language: Romanian