Juridical Tribune Volume 9, Issue 1, March 2019 45
existence of its indissoluble interference with a series of other factors, among which
a major role is played by the public administration.
On the other hand, the research of national cultural heritage from a legal
perspective implies a real necessity in the present Romanian legal space, taking into
account the social di mension of the law and the new social and legal realities. The
legal research of the phenomena accompanying the constant and rapid evolution of
the cultural heritage institution is a duty that we therefore find fit to answer through
In the initial prefigured order of our studies, this article should have matched
an analysis of cultural heritage as a strategic resource for a sustainable Romania and
However, the recent evolution of the national legislative process has
prompted us to focus on a stringent issue that has the potential to seriously and
irreparably damage one of the essential and representative categories of the national
cultural heritage, namely historical monuments.
We refer here to the legislative proposal initiated by a number of thirteen
deputies from the Romanian Parliament for the repeal of letter a) of article 24 of the
Law no. 50/1991 regarding the authorization of construction works, registered on 27
March 2018 at the Senate of Romania under no. L339/2018.
2. Legislative proposal and statement of reasons
The legislative proposal initiated under Art. 74 par. (1) of the Constitution
of Romania by a number of thirteen deputies has in its content a unique article and
concerns exclusively the repeal of letter a) of article 24 of the Law no. 50/1991
regarding the authorization of the execution of construction works, republished in
the Official Gazette of Romania, Part I, no. 933 of 13 October 2004, as subsequently
amended and supplemented4.
In particular, the provision whose repeal is intended to establish t he
following: "The following acts shall be punishable by a penalty of three months to
one year or by a fine: a) execution without construction or abolition authorization
or failure to comply with its provisions provided in art. 3 par. (1) lit. b), c), e) and
g), with the exceptions provided by the law".
The works that are executed without a building or dismantling permit or with
the non-observance of its provisions and which are in the present regulation
infringements are: "Civil, industrial, agricultural, maintenance, installation and
technological equipment, for infrastructure of any kind or any other nature may be
carried out only with respect to the building permit and the regulations for the design
4 The content of the legislative proposal, registered at the Romanian Senate under no. L339/2018, can
be consulted at https://www.senat.ro/legis/PDF/2018/18L339FG.pdf, consulted by the author from 15
September 2018 to 15 October 2018.