Findings on the decisions issued by the NAC on the rights of persons with disabilities 29.02.2024 - Introductory aspects At a time when the freedom of speech of the press in Romania is being called into question as a result of attacks on it[1] and when either incomplete or false narratives are infiltrating the various forms of content we consume, identifying and sanctioning hate speech in the media becomes all the more...
Justice Without Barriers for Persons with Disabilities: The Role of Intermediaries 29.02.2024 - 1. Context Free and effective access to justice represents a fundamental principle of the rule of law, enshrined both at the European[1] and national[2] levels. Beyond this status, the extent to which free access to justice is provided to citizens must be subjected to continuous critical analysis, as reality shows us the evidently perfectible nature...
When Is Consent “Freely Expressed”? GDPR Regulation and Persons with Disabilities 29.02.2024 - In the previous opinion[1], we discussed some aspects of applying the General Data Protection Regulation (EU) 2016/679[2] (hereinafter, GDPR) concerning the protection of natural persons with regard to the processing of personal data for persons with disabilities, focusing on the importance of informing individuals about the processing of their personal data. This opinion aims to...
Redefining the Family in the Constitution or the Dictatorship of the Majority 28.02.2024 - On February 1, 2024, Legislative Initiative No. 19 of January 8, 2024, regarding the Legislative Proposal for the Revision of the Constitution[1] (hereafter referred to as “Legislative Initiative”), was published in the Official Gazette. This document states that “The purpose of the citizens’ legislative initiative to revise the Constitution of Romania is, on one hand,...
Rights Cost, If You’re a Person with Disabilities 28.02.2024 - Following the entry into force of Law No. 140/2022 regarding certain protection measures for persons with intellectual and psychosocial disabilities and the amendment and supplement of some normative acts[1], there was a glimmer of hope, a chance to lead a dignified life, where rights are respected, for the tens of thousands of people who were...
Legal Provisions and Reality for the Elderly in Romania – Do We Care About Vulnerable People? 26.02.2024 - For a few years, a recycled anecdote has been circulating on social media, a supposed quote from anthropologist Margaret Mead, who was asked during a lecture, “What is the earliest sign of civilization?” and she answered, “a healed human femur,” with the explanation being that injured animals in the wild would be hunted and eaten...
The European Disability Card: What Is It and How Will Be Used 21.02.2024 - An initiative for the recognition of the rights of persons with disabilities to free movement within the EU – some considerations regarding the steps the EU, together with the member states, still has to take The adoption of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD[1]) in 2006 marked progress in...
Backlash in gender equality 20.02.2024 - “This is a new and unusual generational pattern,” said the Director of the Policy Institute at King’s College London.[1] According to a survey by the same university, 1 in 4 men in the UK aged 16 to 29 think it is harder to be a man than a woman.[2] In the same age sample, 16%...
Freedom of expression does not justify the spread of hate speech 15.02.2024 - Under the broad umbrella of freedom of expression, many people choose to promote ideas of hate speech[1] in the public space. What is worse is that, particularly in recent years, hate speech has also found its way into the rhetoric of some national political parties[2], with the obvious aim of gaining electoral capital. “You can’t...
NCCD sanctions in cases of discrimination against the most vulnerable groups 14.02.2024 - 1. Sanctions regime according to OG no.137/2000 A person who has been discriminated has the possibility to submit a petition to the National Council for Combating Discrimination (NCCD), but also to file a claim for damages before a court of law.[1] If the NCCD has taken up the case and considers that an act of...
Social reuse of assets confiscated from crime 12.02.2024 - The reuse of assets confiscated as a result of its use in criminal activity is not a new concept, at least not in legislative terms. It has been present in European legislation since 2014 in Directive 2014/42/EU[1] and in national legislation since 2015 through the adoption of Law no. 318/2015 for the establishment, organisation and...
The Romanian state and the rights of foreign workers 5.02.2024 - By Government Decision no. 1338/2023, the Government approved the entry of 100,000 new foreign workers on the Romanian labour market in 2024[1].The same number had been approved by the Government in 2023[2] and 2022,[3] and 50,000 foreign workers were approved in 2021.[4] However, once they choose to come to Romania, foreign workers encounter a...
Code of conduct for the prevention and sanctioning of xenophobia, radicalisation and hate speech: proposal of the Ministry of Education 2.02.2024 - On 23 January 2024, the Ministry of Education launched a public consultation on the draft order approving the Code of Conduct for the Prevention and Sanctioning of Xenophobia, Radicalisation and Hate Speech[1]. The initiative is based on the provisions of the National Strategy for Preventing and Combating Antisemitism, Xenophobia, Radicalisation and Hate Speech for the...
Violence in schools 31.01.2024 - 1. CONTEXT In Romania, in the Report on the 2021-2022 school year[1], the Ministry of Education highlighted the increasing trend[2] of acts of violence in schools[3], of which 69% (i.e. 6744 cases) of the total number of 9741 acts of violence reported for the year 2021-2022, were classified as attack on the person, the rest...
Courts and domestic violence. Case law analysis 23.01.2024 - TW/CW: abuse, violence, attempted su***de INTRODUCTION At the beginning of this year, and against the background of an increase in the number of domestic violence offences in Romania[1], we published[2] an analysis of the national legal mechanisms for preventing this phenomenon, while formulating a set of proposals that could form the basis for improving public...
“Mentally ill people are not criminals”. The lesson Romania is still learning. 22.01.2024 - In 2020, the newspaper Libertatea started a journalistic investigation consisting of several articles, one of which was entitled “Mentally ill people are not criminals”. At first glance this sentence seems no more than a trite truth. The shock comes when we learn that this is how the paragraph (2) of Art. 50 of the Manual...
Proposed changes to reform social assistance legislation 20.01.2024 - “The system needs to be changed […] the whole system needs to be rethought, from authorisation, monitoring and control; who authorises and what are the conditions for authorisation; who monitors; what they monitor – clear intervals and procedures -; who checks and what they check.”[1] A working group has been set up within the Romanian...
GDPR and persons with disabilities – an(other) illusory application of European laws in Romania 19.01.2024 - There is more and more talk in the domestic space about GDPR. What is it and why should we care about how our personal data is processed? GDPR stands for General Data Protection Regulation. It is a European regulation[1]which became law in Romania on 25 May 2018[2]. At this point it is important to...
What are the new changes to the NCCD’s internal procedure? 17.01.2024 - A transparent decision-making procedure At the end of 2023, the National Council for Combating Discrimination (hereinafter referred to as the NCCD) published a draft that makes a number of major changes to its internal regulation.[1] The new procedure for handling petitions proposed by the NCCD is to be issued by order of the president of...
The need for increased protection for the LGBTQAI+ community against hate crimes and hate speech 12.01.2024 - As early as 2020, the President of the European Commission announced in her State of the Union speech to the European Parliament an initiative to extend the list of EU crimes to all forms of hate crime and hate speech – whether motivated by race, religion, gender or sexual orientation. The legislative process, which has...
The personal representative, an essential element in guaranteeing the right to an effective remedy 11.01.2024 - About 10 years ago, the Grand Chamber of the European Court of Human Rights condemned Romania in the case “CLR on behalf of Valentin Câmpeanu”[1] for violating Article 2 of the Convention – the right to life (both under substantive and procedural matter) – and Article 13 of the Convention – the right to an...
Young people and drugs: punishment or prevention? 9.01.2024 - “Drugs are certainly an intensely debated topic these days, because of the effects they produce and the phenomenon of trafficking and consumption that is growing every day. More and more people are affected, and the young people are the most affected. (…) Schools are currently facing a very big problem, namely the use of drugs...
Effectiveness of access to justice for victims and survivors of domestic violence 8.01.2024 - 1. INTRODUCTION In its Activity Report for 2022, the Public Prosecutor’s Office mentioned, among its main objectives for 2023, the protection of victims of crime as well as combating crimes of domestic violence, crimes against minors, hate crimes and discrimination[1]. At the same time, a press release[2] of the General Inspectorate of the Romanian Police shows that,...
How accessible is the right to abortion in Romania? 5.01.2024 - “Once, to avoid an unscheduled pregnancy, there’s was no other way, I threw myself into a pool of cold water. The shock did the trick, but I could have had a heart attack, it didn’t matter, the problem had to be dealt with.”[1] during the communist period) The difficulties of accessing abortion are not...
How accessible is the right to abortion at an EU level? 4.01.2024 - The latest reports show that in Romania in 2019, there were entire counties where state hospitals were not performing abortions on request.[1] Doctors in state hospitals cite religious, conscientious or even bureaucratic reasons for their refusal,[2] although the same reasons do not prevent them from referring their patients to their private clinics.[3] In the context...
The right of the child to health and well-being, but only with the consent of the parents 21.12.2023 - About a year ago, during a debate organized by Save the Children Romania and the Romanian Senate[1]the conclusions of an analysis were announced[2]regarding the situation of underage mothers in Romania. Perhaps the most worrying of the conclusions is that “45% of births registered among girls under the age of 15 in the European Union come...
Legislation on the rights of victims of crime: some comments and proposals 15.12.2023 - Preamble This paper aims to analyse the transposition into national law of Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime, and how this Directive is actually implemented in Romania. Last but not least, we will analyse the new amendments made through other supplementary or implementing rules adopted in...
World AIDS Day – Non-discriminatory access to rights for people living with HIV/AIDS 1.12.2023 - Today is World AIDS Day, dedicated to raising awareness of people living with HIV/AIDS and their rights. In Romania, in 2023, there is still a constant and frequent need for information, especially among authorities. Just a few months ago, the case of a mayor of a town in Bacau county gained notoriety in the media,...
Vouchers for victims of crime 18.10.2023 - The Methodology for the issuance, distribution and settlement of vouchers for victims of crime, for determining their amount, as well as the selection criteria for public and private entities enrolled in the mechanism, was adopted on 8 June 2023 and published in the Official Gazette No. 515 on 12 June 2023. This methodology is in...
The consent of a minor victim 16.10.2023 - The People’s Advocate referred to the Constitutional Court the exception of unconstitutionality concerning some provisions of the adopted form of the Law no. 217/2023 on the amendment of the Criminal Code. This concerns the case of non-punishment for sexual intercourse between an adult and a minor where the age difference is less than 5 years,...
Romania’s Parliament nonchalantly changes GENDER EQUALITY into equal opportunities 16.10.2023 - At the initiative of PNL leaders, the Romanian Parliament has forgotten its international and national obligations and dealt a blow to gender equality in Romania. The declaration was promoted by Senate President, Alina Gorghiu, and under pressure from PNL leaders such as Ben Oni Ardelean and Robert Sighiartău the declaration was amended and adopted with...
“If you educate people to like the scaffold, if that’s what you’ve given, that’s what you’ve got!” 16.10.2023 - On abuse of office, national security mandates and the right to private life – the opinion of Georgiana Iorgulescu, Executive Director of the CLR. “Civil society, in a democratic world, is asked whether it wants to take part in debates. It is the citizen’s right not to have expertise as long as you – the...
Romani in Cluj-Napoca, zero chance of social housing 3.08.2023 - The National Council for Combating Discrimination (NCCD), following the referral by the Center for Legal Resources, has sanctioned the Municipality of Cluj-Napoca for the discriminatory nature of the criteria for granting social housing in the Decision of the Local Council no. 583 of September 2nd, 2021, which is still in force. The NCCD held that...
“Educated Romania” puts Romani history on the sidelines 6.07.2023 - On July 4th, the education laws were promulgated. According to the Law on pre-university education, art. 88, “History, Slavery and Deportation of the Romanis” is introduced as an optional modular school subject in the national offer of optional subjects of secondary and high school education, as well as “History of the Jews. Holocaust” and “History...
The sexual intercourse with a minor under 16 will be considered rape 30.06.2023 - The draft law PL-x no. 457/2022 for the modification and completion of the Law no. 286/2009 on the CP and of the Law no. 135/2010 on the CPP, which aims, among other things, to raise the age of consent for sexual relations, was voted on June 28th, 2023, in the plenary of the Chamber of...
The unrepresented have no voice. 30.06.2023 - A bill submitted at the Chamber of Deputies on Wednesday proposes raising the minimum electoral threshold to enter parliament from 5% of the total number of votes cast to 7% and to 10% from 8% for electoral or political alliances. In principle, imposing a minimum electoral threshold for access to parliament must be based on...
The HCCJ cancels the right to housing of vulnerable groups 10.04.2023 - The HCCJ issued a decision that will create an extremely dangerous precedent in terms of respecting the rights to housing, private life and non-discrimination of vulnerable groups, rights guaranteed by both national and international legislation. The decision bears no. 1888/04.04.2023 and has not yet been drafted. In 2017, the Municipality of Alba Iulia evicted 200...
NGOs could be required to post substantial guarantees if they want to challenge a real estate project about which there are big question marks 21.02.2023 - The NGOs could be forced to submit a cash guarantee when they challenge real estate or infrastructure projects in court, according to the provisions of a project submitted to the Senate and supported by PSD and PNL. The guarantee would be 1% of the investment value, without exceeding 50,000 lei. The draft law imposing restrictions...
Georgiana Iorgulescu, CLR: In a normal country, Minister Predoiu’s statements would have had consequences 20.01.2023 - Minister of Justice, Cătălin Predoiu, publicly apologises after announcing in an interview that the husband of former DIICOT chief (the Directorate for Investigating Organized Crime and Terrorism), Giorgiana Hosu, has been acquitted, although the final decision is expected in February. Dan Hosu, the husband of the former DIICOT chief, was sentenced in 2020 to a...
Plagiarized Romania 10.01.2023 - L.E.: UBB decided in the Bode case that his thesis “is deeply flawed” (shorturl.at/fqZ01). So how is it possible to correct it, in UBB’s view? The decision has implications for ethics, not law. Will Mr. Bode still be minister? Finally, there’s the beginning of a clean-up in academia. But to bear fruit, it needs to be...
The CVM, Schengen and the passion for urgent legislation 17.11.2022 - The new justice laws have passed. Both by Parliament and by the Constitutional Court. They have been promulgated by the President of Romania. They passed at the same speed as the codes did in 2009, with devastating effects in criminal matters, for example. We were told, then and now, that the fate of the country...
Georgiana Iorgulescu, for Aleph News: “I feel the need to tell politicians that in a democratic country laws are always written by civilians.” 26.09.2022 - On Sunday, 25 September 2022, Georgiana Iorgulescu – Executive Director of the Centre for Legal Resources, participated in the OFF/ON Record show, Aleph News, where she discussed, together with Sorina Matei, the proposed amendments to the Justice and National Security Laws. Some of Georgiana’s statements: “From the Justice Laws, the ban on secret services to...
Comparative commentary of the CLR on the Law no. 304/2004 on the judicial organization 19.09.2022 - The Center for Legal Resources continues its series of commentaries on the Laws of Justice and their history. Today we discuss The Law no. 304/2004 on judicial organization. Some key points in the proposed law that should draw our attention: The full document, with all comments and legislative developments from 2004 to the present, is...
Comparative commentary of the CLR on Law no. 303/2004 on the Status of Judges and Prosecutors 16.09.2022 - The Center for Legal Resources continues its series of commentaries on justice laws and their history. Today we discuss the Law 303/2004 on the status of judges and prosecutors. Here are some key points in the proposal to amend the Law 303/2004 on the status of judges and prosecutors: A similar prohibition does not exist...
A comparative commentary of the CLR on Law no. 317/2004 on the Superior Council of Magistracy 15.09.2022 - The Center for Legal Resources provides to interested persons a commentary on Law no. 317/2004 on the Superior Council of Magistracy. The format is spreadsheet. This is the only way to see the evolution or regression of the legislation from 2004 through the key moments of 2005, 2012, 2018 up to the current proposal. In...
When Parliament’s “prudery” trumps the best interests of the child 22.06.2022 - The Romanian Parliament considers that sex education in schools is not appropriate at all, and that its conversion into health education programmes should be done with the written consent of parents or legal representatives and only from the 8th grade onwards. Paradoxically, the same prudish Parliament makes no effort to legislate the age at which...
When everything happens, silently, at the Cotroceni, even though that is not the place 16.06.2022 - We learned yesterday[1] that the Foreign Intelligence Service has been consulted by the Department of National Security of the Presidential Administration and the General Secretary Office of the Government, the posted drafts being working versions resulting from these consultations, which will go through the legislative processes provided by law. If this is the case, an analysis...
The downfall of the Superior Council of Magistracy and legal innovations 11.05.2022 - According to the agenda presented on the website of the Superior Council of Magistracy, on Thursday, May 12 2022, the section for judges will nominate the judge candidate and the plenary will elect, on the same day, the new president of the Superior Council of Magistracy, replacing the interim president of the SCM, Bogdan Mateescu....
The investigation journalism face to face with the institutions of power 4.04.2022 - The investigation journalist Emilia Sercan does and has done her job. She has uncovered heavy names in politics, justice, secret services and police in Romania, along with the doctoral schools of the institutions of power that have anointed as PhDs already famous plagiarists, some of them proven, others unproven by the CNATDCU. The latter could...
