123. Des améliorations sont nécessaires pour garantir la protection et la promotion des droits des enfants (en particulier des enfants roms et des enfants handicapés) à l’éducation et à la santé. Il faut aussi renforcer les institutions roumaines actives dans le domaine des droits de l’homme et favoriser leur reconnaissance officielle. Les stratégies et initiatives nationales présentées dans le présent rapport témoignent de la volonté de surmonter ces difficultés.
Notes
1 The mechanism is made of two components: (i) The technical component, the system itself, was finalized in 2015 and since then various tests are being run; (ii) The legislative component − which shall sustain the implementation of the mechanism − Law no. 184/2017 on 17th October 2016.The system has the objective to prevent conflicts of interests in the public procurement field, by
automatically detecting whether participants in the public procurement are relatives or are connected to people from the contracting institution`s management. Also, the system aims to raise the
accountability among heads of public authorities and to avoid situations where EU financed projects are blocked due to fraud issues and, finally, to raise the absorption rate of the structural funds.
2 The Department has the following tasks: to organize planned and unannounced visits of the places of detention, in order to verify if they concretely meet the standards; to issue recommendations to the management of the places of detention; to propose amendments of the relevant legal framework; and to maintain relation with the Subcommittee established through the Additional Protocol.
3 The Monitoring Council has still deficiencies in terms of human resources, consequently, its field visits are organized together with representatives of NGOs.
4 Attributions of the Ombudsman: follows-up with the legal resolution of the complaints received and requests the public authorities or civil servants to put an end to the respective violation of the civil rights and freedoms, to reinstate the complainant in his/her rights, and to redress the human rights violation; formulates points of view upon request of the Constitutional Court; notifies the
Constitutional Court on the unconstitutionality of laws before promulgation; initiates appeals in the interest of the law and procedures before the courts when, following monitoring missions, it appreciates that the administrative structures exceeded their competences or acted illegally.
5 Data on progress made in the fight against corruption in the period 2012-2016, referring to the measures included in the National Action Plan for the implementation of NSA 2012-2015:
1. Year 2012
828 defendants were sent to trial, among them being 25 legal persons and 332natural persons holding management control positions, involving public dignities or other important positions.
Status of the investigated people (the list is not exhaustive):
• 7 dignitaries (1 senator, 2 deputies, 1 vice-president county organization of a political party who also acts as a deputy, 2 State secretaries and 1 prefect);
• 1 personal counsellor of a minister, 1 vice-president County Council, 4 county counsellors, 12 local counsellors, 25 mayors, 8 vice-mayors;
• 10 magistrates, 17 lawyers, 31 policemen;
• 1 director of DGIPI(Secret service of the Ministry of Internal Affairs);
• 28 custom workers, 7 commissioners from the Financial Guard, 12 fiscal inspectors;
• 2 public officials A.P.I.A. (Agency for Payments and Interventions in Agriculture), 1 inspector I.T.M. (Territorial Inspectorate of Labour), 9 secretaries of City House, 1 vice-president of an union;
• 1 rector, 1 pro-rector;
• 13 directors from other public institutions and 10 directors of national companies.
The value of the security measures (seized assets) ordered by prosecutors amounted toapproximatively1,174 million lei.
A number of 743 defendants were convicted with final conviction decisions.
2. Year 2013
1073 defendantswere sent to trial, 49 of them being legal persons and 303 people holding management positions, control, public dignities or other important positions.
Status of the investigated people (the list is not exhaustive):
• 8 dignitaries (1 Member of the European Parliament, 1 minister, 4 deputies, one of them acting as the vice-Prime Minister of the Romanian Government, 2 deputy prefects);
• 1 personal counsellor of a minister, 1 director of a minister office, 1 director within the Romanian Parliament, 1 counsellor minister delegated for Energy, 1 vice-president of a County Council, 4 presidents of a County Council, 1 counsellor minister delegated for Energy, 4 directors county councils, 6 local counsellors, 2 counsellors of the City Hall, 25 mayors, 9 vice-mayors;
• 25 magistrates, 19 lawyers, 34 policemen;
• 2 chief medical doctors;
• 24 custom workers, 5 commissioners of the Financial Guard, 4 fiscal inspectors;
• 1 president of the Romanian Football Federation, 1 president of the Professional Football League;
• 1 rector, 1 pro-rector;
• 4 commanders of military units;
• 22 directors from other public institutions, 10 directors of national companies.
The value of the security measures (seized assets) ordered by prosecutors amounted to approximatively 1,557 million lei.
A number of 1.051 defendants were convicted with final conviction decisions.
3. Year 2014
A number of 1.167 defendants were sent to trial, among them 107 legal persons and 392natural persons holding management and control positions, public dignities or other important positions.
Status of the investigated people (the list is not exhaustive):
• 12 dignitaries (2 senators, 7 deputies, 1 State secretary, 2 prefects);
• 2 counsellors of minister, 1 State secretary, 1 counsellor of senator, 1 chief of office of the State secretary;
• 9 presidents of county councils, 1 deputy prefect, 3 local counsellors, 22 counsellors of the city hall, 1 county counsellor, 1 prefectural counsellor, 36 mayors, 7 vice-mayors;
• 35 magistrates, 25 lawyers, 81 policemen, 16 military personnel, 19 custom workers;
• 1 president of the Romanian Chamber of Trade, 1 president of the National Agency of Fiscal Administration;
• 6 commissioners from the Financial Guard, 2 anti-fraud inspectors, 2 fiscal inspectors;
• 1 university dean, 2 school directors, 8 school inspectors, 14 teachers;
• 3 managers of hospital;
• 1 president of federation, 1 president of foundation, 1 vice-president of a County Council;
• 10 directors of national companies;
• 3 directors of banking agencies/branches;
• 2 presidents of a sport club.
The value of the security measures (seized assets) ordered by prosecutors amounted to approximatively 1,348 million lei.
A number of 1.138 defendants were convicted with final conviction decisions.
4. Year 2015
A number of 1.258 defendants were sent to trial, among them 83 being legal persons and 497natural persons holding management and control positions, public dignities or other important positions.
Status of the investigated people (the list is not exhaustive):
• 32 dignitaries − 1 Prime Minister, 5 ministers, 5 senators, 16 deputies, 2 State secretaries, 2 general secretaries of a minister;
• Other positions from the central administration − 1 prefect, 1 counsellor of State secretary, 1 personal counsellor of a minister, 1 parliamentary assistant accredited to the European Parliament, 1 chief of office of a minister;
• local authorities − 80 mayors, 17 vice mayors, 10 presidents of county councils, 5 vice-presidents of county councils, 1 county counsellor;
• Law enforcement institutions − 14 magistrates, 15 lawyers, 42 policemen, 19 military personnel, 7 custom workers, 3 notaries;
• 32 directors of national companies;
• In the education field − 1 university rector, 1 university dean, 1 university pro-dean, 1 high school director, 1 school director, 2 general school inspectors, 2 school inspectors, 6 teachers, 1 university teacher, 1 university lecturer, 1 university lector;
• In the health field − 6 managers of hospital, 2 directors of hospital, 10 medical doctors.
Security measures (seized assets) were ordered in order to conduct the special confiscation or for the restitution of the damage caused as result of the perpetration of the offence, up to the total amount of 2.193,42 million lei, the equivalent of 493,46 million euro. Goods for the total value of 1982,42 million lei, the equivalent of 445,99 million euro were identified and frozen.
The courts ordered final conviction decisions for the number of 973 defendants.
5. Year of 2016
A number of 1.271 defendants were sent to trial, among them 114 being legal persons and 426 natural persons holding management and control positions, public dignities or other important positions.
Status of the investigated people (the list is not exhaustive):
• 30 dignitaries, among them: 1 minister and vice-Prime-minister for national security, 1 minister of transport, 1 minister of energy, deputy, 1 general secretary of the Romanian Senate, 1 president of the Chamber of Deputies, 1 vice-governor of the Romanian National Bank, 6 senators, 11 deputies, 3 State secretaries,1 vice-president of the permanent election authority, 2 presidents and 2 vice-presidents of the National Agency for Fiscal
Administration;
• other functions from the central administration − 3 prefects and 2 deputy prefects;
• local authorities − 47 mayors, 2 mayors, 5 presidents of county councils, 2 vice-presidents of county councils, 2 county counsellors, 2 local counsellors, 13 secretaries of City Hall;
• Law enforcement institutions − 16 magistrates, 17 lawyers, 91 policemen, 14 military personnel, 1 notary;
• 55 people holding important positions in public institutions;
• 21 directors of companies or national companies;
• In the education field - 2 university rectors, 1 university dean, 4 school/school group directors, 3 university teachers, 1 university lecturer, 3 teachers;
• In the health field – 7 managers of hospital/medical institutes, 10 medical doctors.
Security measures (seized assets) were ordered in order to conduct the special confiscation or for the restitution of the damage caused as result of the perpetration of the offence, up to the total amount of 2.999,60 million lei, the equivalent of 667,94 million euro.
The courts ordered final conviction decisions for the number of 879 defendants.
6 The transdisciplinary approach of learning and the development of the key competence of expression and social awareness:
1. The syllabus for the optional school subject called “Life skills development” (the Curriculum upon school decision for 5th to 8th grades). Approved by M.O no. 3960/03.05.2012.
2. The syllabus for the optional school subject called “Reading and life skills” (the Curriculum upon school decision for 5th to 12th grades). Approved by M.O no. 3961/03.05.2012.
3. The syllabus for the optional school subject called “Education for intellectual property rights” (the Curriculum upon school decision for high school). Approved by M.O no. 3542/27.03.2015.
The optional school subject called “Education for intellectual property rights”, proposed to be studied in high school, relates to the European Parliament and to the Council of European Union
Recommendations regarding the key competences from the perspective of lifelong learning (2006/962/EC), which shapes up for the compulsory schooling system grades an “European training form”, targeted towards forming of eight key competences. The contribution of the “Education for intellectual property rights” school subject to the development of the European key competences is nuanced and diverse, including both the support for developing certain key competences and the awareness concerning other key competences, as following : social and civic competences; native language communication; leadership and entrepreneurship; mathematics competences and basic science and technology competences; digital competences; learning to learn; foreign languages communication; cultural awareness and expression.
7 For the continuous training, there are numerous events organized by the NIM with a view to raise awareness among future magistrats:
Between 2013 – 2014, the National Institute of Magistracy and the Superior Council of Magistracy were partners within the Project JUST/2012/FRAC/AG/2755 "European Judicial Cooperation in the fundamental rights practice of national courts − the unexplored potential of judicial dialogue methodology", coordinated by the European University Institute from Florence − EUI. The Project was focusing on three fundamental rights: the principle of non-discrimination, the right to a fair trial and the freedom of expression.
Also in cooperation with other institutions, the NIM organized activities relevant in this field, such as the Conference on fighting fascism, racism, xenophobia and the promotion of persons guilty of crimes against humanity and peace. The main objective of this event was to analyse and understand in depth the Romanian legislation in the field of fighting extremism, racism, xenophobia, discrimination and anti-Semitism, as well as the cases that may be brought before the courts, in the context of the passing of Law no. 217/2015 that amends the Government’s Emergency Ordinance no. 31/2002 prohibiting organizations, symbols and deeds with fascist, racist, legionary and xenophobic nature and the glorification of those found guilty of genocide and war crimes.
NIM hosted in Bucharest the Dissemination event that took place in the framework of the Project entitled - Active Charter Training through Interaction Of National Experiences (ACTIONES), which is coordinated by the EUI Centre for Judicial Cooperation with the support of the European Commission, DG Justice. One of the themes of the activity was the antidiscrimination.
In the framework of the European Law, continuous training program which takes place every year, a seminar regarding „The national judges and the European Law on equality” was included. Also, as regards the non-discrimination issue, the prohibited grounds of discrimination provided by the Treaty on the Functioning of the European Union (TFEU), were presented, with accent on the obligation of national courts to apply the EU law with priority.
Between the years 2014 and 2016, the Superior Council of Magistracy together with NIM have implemented the “Improving access to justice for Roma and other vulnerable groups - an integrated approach” project. The overall objective of the Pre-defined Project was to improve the access to justice for Roma and other vulnerable groups of the population (e.g. other socially disadvantaged categories which may desire to take part in the project activities), by carrying out a cluster of activities aiming at addressing the knowledge on and the use of their rights.
Another project implemented by NIM in partnership with the National Council for Fighting Discrimination between the years 2014 and 2016 was the Project “Improving national anti-discriminatory measures with the help of professionals and the civil society”.
Beginning with 2014, issues on combating discrimination were discussed at EuroQuod Conferences (The National Network of Judges - coordinators in EU law), a NIM initiative started in 2012. The president of the National Council for Combating Discrimination (CNCD) attended to the conferences and presented topical issues in the field of non-discrimination in European Union law.
In 2015, within the framework of the centralised continuous training programme, the NIM organised 2 seminars on “The role of national courts in the interpretation and application of the European Law”.
The two seminars also included the recent case-law of the Court of Justice of the European Union in the field of non-discrimination.
An ECHR case relevant for the issue of non-discrimination on the ground of sexual identity (M. and C. v. Romania) was discussed in a „ECHR – criminal matters” seminar that took place in Bucharest, between the 22nd and the 23rd of September 2016. The ECHR found that the Romanian authorities failed to properly investigate a hate crime incident, relating to physical and verbal attacks which followed a gay rights march, and its potential discriminatory motive.
In November 2016, NIM organized two seminars on the Role of national courts in interpreting and applying EU Law. One of the themes discussed was focused on current issues in the field of discrimination, as well as the recent jurisprudence of the EU Court of Justice.
In March 2017, NIM in partnership with the National Council for Fighting Discrimination organised the seminar “Anti-discrimination. 15 years of non-discrimination in Romania. Jurisprudence and developments”.
8 In order to elaborate the Strategy, debates were organized with representatives of institutions and NGOs. Working groups were organized on right to dignity, access to education, housing, access to services, institutional development and several round tables in major cities of Romania.
9 The site of the NCCD –http://cncd.org.ro/home -
10 Various programs are carried out with a view to enhancing school participation or reintegrating those who dropped out (e.g. the “School after School” or “Second Chance” programmes, dedicated to disadvantaged persons, in particular Roma). As a result of such measures, more than 200,000 Roma are included in different levels of the education system. A widely appreciated affirmative measure is the grant of distinct places for joining the upper-secondary education (3,150 vacancies in 2016) and in higher education (622 vacancies in 2016). Also, there were 29 openings in the Ministry of Interior’s schools for 2015-2016. As of October 2016, the college “National School for Political and
Administrative Studies in Bucharest” initiated a master program dedicated to “Roma Studies”, with 20 places for college graduates.
11 In October 2016, the National School for Political and Administrative Studies started a 2 year master course for Roma Studies. First in Europe due to its curricula, it covers domains as: Roma history, Ethnography, Community studying a.s.o., and delivers quality information of real use for people in contact with Roma issues.
12 These measures refer to:
• the creation of mixed groups / classes in pre-primary, primary and lower secondary schools, compulsory for 1st and 5th grades since the school year 2007-2008 and progressively applied to the rest of the grades. In addition, the division of Roma students in groups / classes / schools on grounds related to the study of Romani language and / or the Roma history and traditions was prohibited;
• the collaboration with school mediators or other community representatives for the carrying out of school census, while encouraging Roma parents to enrol their children in school each year;
• the reservation of a number of positions in all classes, upon late registration in order to support the children's school enrolment;
• the prohibition of Roma pupils’ enrolment in special education groups / classes and special integrated education schools, by means of the abusive and unprofessional diagnosis of Roma pupils as having learning difficulties / special education needs;
• the sharing of school premises and facilities by all students, regardless of their ethnicity.
Likewise, the transportation of children coming from residentially segregated communities to schools is ensured alongside non-Roma children;
• In addition to these initiatives, schools and county school inspectorates have the responsibility of analysing all the situations that indicate a low level of Roma children school enrolment compared to the number of school children identified upon the census carried out by the administrative-territorial unit and of establishing a desegregation plan.
13 The Ministry of National Education:
• Issued the Minister’s Order no. 6158/2016 regarding the approval of the Action Plan for school desegregation and educational quality increase in the pre-university schools in Romania;
• Issued the Minister’s Order no. 6134/2016 regarding the prohibition of school segregation in the pre-university schools;
• Set up a consultative working group in charge of the elaboration of the Methodology of monitoring school segregation in compliance with the new criteria provided by Minister’s Order no. 6134/2016 and the Methodology of prevention and intervention in segregation cases. This document expands the segregation criteria including disabilities/special educational needs (SEN), family socio-economic status, residence and school performance
criteria, besides the ethnic ones. Moreover, it stipulates a series of legal obligations to be fulfilled by different educational structures, the appropriate sanctions, the role of the future National Committee for Desegregation and Inclusion, as well as its relations with the county school inspectorates, the County Committees and the schools committees for violence, corruption and discrimination elimination.
• Initiated the Commission for violence, corruption and discrimination prevention and eradication and for the promotion of interculturality in the Regulations of pre-university school organization and functioning approved by Minister’s Order no. 5079/2016, with the aim of preventing racial discrimination of Roma pupils.
14 The pilot program, initiated in 2008, has a limited target (300 houses in 11 localities, based on proposals of the National Agency for Roma). Given that it is a pilot program, upon the completion of the 300 units, it is necessary to carry out a socio-economic impact analysis, as well as the impact of the pilot program on the beneficiaries and also on the local communities. Depending on the results of the analysis carried out by the entities to be established (MRDPAEF, National Agency for the Roma, territorial administrative units, etc.), it will be established the opportunity to build social housing for Roma communities (eg by creating a national program or introducing a sub-program in one of the programs already implemented by MRFPAEF in the field of social housing construction).
15 For guaranteeing legal, efficient and safe interventions, the associated teams for special security measures, constraint and control (SASS teams) act on the basis of the following fundamental principles: defending the human beings, legality, security, force proportionality, gradualism, non-surprise and minimum risk principle.
The professional training of the security staff in solving the incidents is a guarantee that the intervention of SASS teams is the last resort, only in emergency situations, as the last form of action against the acts which could jeopardize the order, discipline and safety of the prison and if any other
The professional training of the security staff in solving the incidents is a guarantee that the intervention of SASS teams is the last resort, only in emergency situations, as the last form of action against the acts which could jeopardize the order, discipline and safety of the prison and if any other