Legislative and institutional framework in the field of discrimination in romania

Abstract

This article analyses the legislative and institutional framework involved in the fight against discrimination in Romania. The conclusion of the analysis show how the legislative framework in Romania is in agreement with CE directives in the field of non-discrimination, even exceeding the provisions of these directives in some places. However, the institutional practices and real accessibility of the system are not at the level of its potential. The laws and the problem solving mechanisms are insufficiently known by the population, while the administrative apparatus is insufficiently well developed in the territory, which is why most of the cases judged by the courts of law or by NCDC come from the area of the capital and from the large urban centres. The state institutions assigned to monitor and sanction the acts of discrimination, particularly in the field of the work relations only notice facts and collect general data; they don’t actually investigate the cases of law infringement in the field of non-discrimination. Although the related legislative framework is solid and sufficiently comprehensive, and the framework law (O.G. 137/2000) is mandatory for the litigations, some laws and provisions allow or provide a cover/justification/explanation for some behaviours which would be included in mobbing, by transferring the “problem” to the sphere of the legitimacy of the economic interest of the employer, by using the language of the personal efficiency and competency, by defining a legitimate area of manoeuvre for the employer or its representatives and by creating some contexts which deter the solidarity or cooperation between the employees.