Detecting the Systemic Dimension of Discrimination at the European Level. The Case of Romania

Abstract The phenomenon of systemic discrimination is complex, involving legal, sociological, psychological, historical or political dimensions. In the field of normative sciences, the concept of systemic discrimination is not yet defined in the European or international legislation. The current article discusses the concept of systemic discrimination, particularly focusing on the case of Romania, following a research effort conducted in a multidisciplinary team. Key findings in Romania highlighted the absence of a legal definition of systemic discrimination, despite its indirect recognition of its subcomponents in national case law and administrative practices. The conducted research reveals a complex interplay between historical legal frameworks, current policies, and the practical challenges of addressing systemic discrimination in Romania, showing a need for more robust mechanisms and broader societal acknowledgment to effectively tackle deep-rooted issues that generate systemic discrimination. The final part focuses on possible remedies in case systemic discrimination is recognized, the limitations of such remedies and the legal challenges that arise .