The Romanian Legislative Frame of Prevention and Fighting against Genetic Manipulation

AuthorFlorentina Pusca
PositionDanubius University of Galati, Faculty of Law
The Romanian legislative frame of prevention
and fighting against genetic manipulation
Florentina Pu6c5
Danubius University of Galati, Faculty of Law,
It is wel l known that the human genome rep resents the common inheritance of the human species which must
be pr otected in order to maintain the integrity of the species. It has a progressive nature and is subjected to
different mutations, wi th serious social and moral effects, reaso n for which genetic manipulation bring s
forward the nec essity for criminal norms interventions to protect the population against such proc edures which
can lead, in some extent, t o mass destruction and becoming a crime agai nst humanity.
In order to be in line with the international legislation, the Romania Legislation ratified the Europea n
Convention protecting hum an rights and the dignity of human beings against the biological and medic al
experiments, The Convention regarding human rights and biomedicine, throughout law n o. 17 (Official
Monitor, Part I, no. 103/28.11.200 1). T he Romanian legislator did not incrimin ate the issues concerning
the alteration o f human genom e and cloning i n a special law and chose the incrimination o f these issues by
the provisions of the Romanian Criminal Code, publis hes in O.M., Part I, no.575/29.06.2004, under the
Law no. 301/ 28.06.2004. Because this crimina l Code was subjected to numerous delays of
implementation , our cou ntry is in a legislative va cuum from this point of view, as th e is sues concerning
the genetic man ipulation are no t covered by a c riminal protectio n of the social values of this fi eld.
Romania ratified the Conv ention on Biolo gical D iversity under th e Law no. 58/1994 and O.U.G.
195/2005, un der the L aw no. 265/2006 co ncerning env ironment pr otection, in which issues on th e import,
activities and commercia l use of the genetically modified organisms have been r egulated in Article 39-44,
chapter VI. Romania is the first country in the Balkans to enact the genetically modifie d organisms
(GMO), under G.O. 49/200 0. The Gov ernment Decree 49/2000 ap proved and modified under the Law
no.214/2000 fi rst regulated “the procureme nt, testing, u sing and m arketing the genetically mod ified
organisms, using modern biotec hnology techniq ues, as well as t heir results”.
The same Decree defined GMO as “be ing an organism co ntaining a new combination of genetic material,
obtained using m odern biotechn ology technique s and has theref ore new charact eristics”.
In the same sense, G MOs (except the hu man ones) are cons idered to be organis ms that have been
modified using other methods besides hybridization and/or natural recom bination, in other words, usi ng
biotechnologies for recombin ing th e DN A in vitro as well as c ellular fusion, in speci al iso lation
conditions, to av oid and limit th e human and en vironmental con tact.
The legislation in this fiel d contains pro visions concer ning: the use of genetically modified
microorganisms , deliberate insertion of the G MOs in the environ ment, in conditions of total safety for the
human beings and the enviro nment protection, the conditions for the importation and e xportation of the
GMOs. In this c ategory GMO m icroorganism, plants and anim als are included .

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