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Romania / Alba Iulia Court of Appeal

P.M.S. v the National Council for Combatting Discrimination

Deciding Body type:
National Court/Tribunal
Deciding Body:
Alba Iulia Court of Appeal
Type:
Opinion
Decision date:
03/03/2017

Key facts of the case:

In this case a local township challenged the decision of the Romanian national equality body, the National Council for Combating Discrimination (Consiliul Național pentru Combaterea Discriminării, CNCD) to sanction it for a decision to forcefully resettle Roma. The Roma community were living in that city without access to electricity or other utilities. They asked the mayor to remedy the situation and the mayor responded by forcefully relocating them in a nearby village. Because of this, the Romanian CNCD fined the mayor with 5 000 RON.

Outcome of the case: 

The Court ruled that the decision of the mayor to forcefully resettle the Roma community was discriminatory. The court found that the mayor indirectly discriminated the Roma community infringing on their rights to equality, dignity and their right to freely choose their residence.