Aplicarea Directivei 2000/43/CE de către Curtea de Justiţie a Uniunii Europene
The Jurisprudence of the European Court of Justice on Directive 2000/43/CE

Summary/Abstract: The current analysis compares the interpretations of the Directive 2000/43/CE used by the European Court of Justice when implementing the principle of equal treatment of individuals regardless of their race or ethnicity, and the provisions of national law. I used as a source the EU database (www.curia.europa.eu) and the decisions of the NCCD Board. I highlighted the importance of including within national practice the jurisprudence of the European Court of Justice, which has decided that discrimination is not dependent upon the violation of a specific right – contrary to ECHR jurisprudence. I also criticized the fact that, while the ECJ treats racial (ethnic) discrimination as a serious form of discrimination, the NCCD often decides on only symbolic sanctions – warnings instead of fines.

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