Jurisprudential Analysis in Matters of Discrimination. Jurisdictional Competence of the National Council for Combating Discrimination
Jurisprudential Analysis in Matters of Discrimination. Jurisdictional Competence of the National Council for Combating Discrimination

Author(s): Adina Georgeta Ponea
Subject(s): Human Rights and Humanitarian Law, Social differentiation
Published by: Scientia Moralitas Research Institute
Keywords: principle of non-discrimination; forms of discrimination; disadvantaged category; equal opportunities; contentious administrative;
Summary/Abstract: Any person who considers himself discriminated against may refer to the National Council for Combating Discrimination which will investigate the alleged acts of discrimination and decide on their existence or non-existence. According to its legal consecration, the Council is the state authority in the field of discrimination, under parliamentary control and at the same time it is a guarantor of the observance and application of the principle of non-discrimination, in accordance with the domestic legislation in force and international documents to which Romania is a party. The jurisdictional activity of the Council, finalized with the pronouncement of a decision, can be censored by the administrative contentious court which, re-evaluating the administered evidence, will rule on its legality and validity.

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