Legal Sciences

Abstract

In spite of a lack of a legal definition of multiple discrimination UE is showing a high interest in
dealing with multiple discrimination. Preparatory work of the European Commission for a new Directive
prohibiting discrimination on different grounds – commonly referred to as the ‘Horizontal Directive’ –
reference is made to ‘the need to tackle multiple discrimination, for example by defining it as discrimination
and by providing effective remedies’ (which, however, is considered as going beyond the scope of the
directive). In Romania the legal provisions on combating discrimination lies on a law from 2000. In that law
multiple discrimination is seen as an aggravating circumstances as follows, art 2 (6), OG 137/2000: „Any
difference, exclusion, restriction or preference based on more than one criteria will be an aggravating
circumstances and it will be take into account when trigger contravention liability, unless it falls under the
incidence of criminal law”. That means that the Romanian National Council for Combating Discrimination,
the specialized authority in the field of discrimination, when judges a case of multiple discrimination must
prove not only one, but at least two acts of discrimination and then when fines takes into consideration the
aggravating circumstances.