European network of legal experts in the non-discrimination field Name of the court: Consiliul Naţional pentru Combaterea Discriminării [National Council on Combating Discrimination] Name of the parties: Institutul pentru Politici Publice v.
The unsigned article contained racist and xenophobic language, promoting a behaviour infringing the right to dignity and creating a degrading, humiliating and offensive environment, targeting the Roma minority.
The NCCD found that the article infringes the right to dignity guaranteed by the Anti-discrimination Law and promotes a public behaviour that is degrading, humiliating and offensive as it associated a criminal conduct to the Roma minority.
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The NCCD invoked the jurisprudence of the ECHR in balancing the freedom of speech against the right to dignity and applied the test of the ECHR when analyzing the limitation of the free speech invoked and used the interpretation of Art. Cases of the courts Traian Băsescu v. Consequently, even if the affirmation of Traian Băsescu was deemed as discriminatory, it could not be sanctioned due to rechy suisse anti aging lack of specific legal provisions.
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Only the intervention of the local school inspectorate and of the local media lead to allowing the pupil to attend school. The father of the pupil filed a criminal complaint, including a request for damages on grounds of the torts clauses of the Civil Code Arts.
EUR 25 administrative fine for abuse in service damaging the individual interest on grounds of Art. The national equality body dismissed the case on grounds of lack of sufficient evidence. Before the civil courts, the court of first instance, Judecătoria Strehaia, decided in January in favour of the plaintiff and decided that the defendant together with the local school inspectorate will have to pay RON 1, approx.
EUR as moral damages. The plaintiff as well as the defendants appealed.
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This situation lead to infringing the right to education of the plaintiff and to correlated damages. The decision is final and irrevocable.
The plaintiff was employed by the NGO and when he went to pay the monthly bill of the NGO to the defendant, employees of the defendant subjected him to degrading remarks mimicking homosexual sexual relations. The plaintiff sought civil damages and asked the court to order to the defendant to take institutional measures to preclude discriminatory behaviour in the future, to include in its internal norms a specific prohibition of discrimination on all grounds and to train its employees on anti-discrimination provisions.
The court stated that the plaintiff proved the existence of the facts entailing an act of discrimination while the defendant did not prove that the facts proved are not discriminatory.
The court clarified the concept of liability of the employer for the deeds of its employees under the anti-discrimination legislation in conjunction with the provisions of the Civil Code for torts by referring to the fact that the discriminatory statements had been tolerated by the persons in positions of responsibility in that particular institution and that the requests of the plaintiffs to discuss with persons in senior positions had been dismissed.
The acts of discrimination included discriminatory remarks in the presence of his colleagues; B. This was demonstrated by the decision of the NCCD and by the declaration of one witness.
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The court decided that the disciplinary sanction and the removal from his position at the Zoo are illegal and void. These behaviours created serious suffering for B. The plaintiff alleged that the NCCD was an extraordinary jurisdiction established by ordinary legislation, thus infringing the constitutional prohibition of establishing extraordinary tribunals.
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- Он сел в постели и стал напряженно вглядываться в окутанные тьмой окрестности, затаив дыхание, прислушиваться к пульсирующему грому водопада и к более мягким и каким-то тайным звукам, производимым ночными созданиями.
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The Court affirmed the legality of the NCCD and its status of special administrative jurisdiction, an optional venue in addressing cases of discrimination and confirmed that the proceedings before the NCCD as provided by Art. The Court highlighted that the NCCD is an administrative body with jurisdictional mandate, which presents the elements of independence required for administrative-judicial activities and which observes the constitutional provisions of Art.
In such a case, it is under question the very legitimacy of this body the NCCD to interfere with rechy suisse anti aging competencies of the legislative power… as well as with the competencies of the Constitutional Court to act as a negative legislator when the provisions of a law or of an ordinance are not in conformity with the constitutional provisions from Art. NCCD 29 Art. The complaint challenged both substantive and procedural provisions of the Anti-discrimination Law: Art.
The decision of the Constitutional Court in Decision from The decision of the CCR clearly spells out the role of the NCCD as an administrative body with a jurisdictional mandate which enjoys the independence entailed by an administrative-jurisdictional activity.