Romania - 2011
Does the law foresee the shift of the burden of proof in civil / administrative procedures? Are there problems of implementation reported by independent authoritative sources?
- Code:
- RED13
- Key Area:
- Anti-discrimination Legislation & Implementation
- Strand(s):
- Discrimination, Equality
| Short Answer |
YES, but it remains unclear how the National Council for Combating Discrimination and the civil courts apply it in practice, in what regards the actual shift. |
| Qualitative Info |
Art.20.(6) and Art.27.(4) of the Governmental Ordinance No. 137 of 31 August 2000 on preventing and sanctioning all forms of discrimination, republished with amendments in the Official Journal No.99 of 8 February 2007 regulate the burden of proof before the National Council for Combating Discrimination and courts, respectively. These provisions state that "[t]he interested person [who files the case] has the obligation to prove facts from which it may be presumed that there has been direct or indirect discrimination and the respondent will have to prove that the facts do not represent discrimination." |
| Groups affected/interested | Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Majority, Asylum seekers, Lesbian, Gay, Bisexual and Transgender, Persons with disability |
| Type (R/D) | Extremism - organised Racist Violence, Anti-migrant/xenophobia, Anti-semitism, Islamophobia, Afrophobia, Arabophobia, Anti-roma/zinghanophobia, Religious intolerance, Inter-ethnic, Intra-ethnic, Nationalism, Homophobia, On grounds of disability, On grounds of other belief |
| Key socio-economic / Institutional Areas | Anti-discrimination |
| External Url | http://cncd.org.ro/legislatie/?language=en |
| Situation(s) |
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| Library |
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