Material scope

The material scope of the Romanian Anti-discrimination Law encompasses the areas protected by both the Directive 43/2000/EC and the Directive 78/2000/EC: employment and labour-related issues, including social benefits and social protection, access to goods and services, housing, education, access to health. The Law goes beyond these areas and provides also for protection in relation to freedom of movement, as well as for the protection of the right to dignity. When defining discrimination, the legislator took a comprehensive approach and the principle of equality and of prohibition of discrimination applies in relation to all fundamental freedoms.

Both public and private actors are under the duty to observe the framework established by the Anti-discrimination Law (including private employers).

Following the decisions issued by the Romanian Constitutional Court in 2008 and reconfirmed in 2009, the provisions of the Anti-discrimination Law are not applicable in the cases of discrimination triggered by discriminatory legislative norms (laws or delegated legislation) and the courts and the national equality body do not have the authority to nullify or to refuse the application of legal norms when considering that such norms are discriminatory.

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