National cultural heritage built: legislative risks and administrative deficiencies

Author:Cosmin Soare
National cultural heritage built:
legislative risks and administrative deficiencies
PhD. student Cosmin SOARE1
Cultural heritage is one of the most va luable values of past, present or future
generations. Faced with the dangers it faces, we h ave the moral and spiritual duty to react
promptly, within our limits of competence. The present study is an expression of this task,
with the proposed analysis aiming at raising a wareness of the danger of a recently initiated
legislative intervention by means of which the means of protection of the cu ltural heritage
built would be seriously impaired. This danger is overlapped with the one caused by the lack
of reaction and even the implicit support of this initiative by the public administration, which
according to the institutional framework in this field has the duty to act as a true guardian
of the national cultural heritage.
Keywords: built cultural heritage, national identity, centenary, public
administration, legislative initiative.
JEL Classification: K23
1. Premises of the study
The special significance of 2018, both from a national perspective, namely
that of celebrating the Centenary of the Great Union on 1 December 1918, and from
a European perspective, that of declare this year as the European Year of Cultural
Heritage2, has led us to grant a special attention to the institution of cultural heritage
in our research3.
This initiative has a complex mission and tends to satisfy both a social need,
but above all a scientific and legal need.
On the one hand, the initiative has the manifested vocation to join the signals
drawn in the sense of awareness of the essential role of the cultural heritage in the
life and identity of the current and future society, as well as in understanding the
1 Cosmin Soare Faculty of Law, University of Bucharest, Romania,
2 Decision (EU) 2017/864 of the European P arliament and of the Council of 17 May 2017 on the
European Year of Cultural Heritage 2018, published in the Official Journal no. 131 of 20 May 2017,
pp. 1-9
3 In this respect, we can consu lt: Cosmin Soare, National cultural h eritage: interdisciplinary
approaches. Reflections on the institution of responsibility in the matter, „Perspectives of Law and
Public Administration”, Vol. 7, Issue 1, 2018, p. 43-51 and Cosmin Soare, Spre un Cod al
patrimoniului cultural (Towards a Cultural Heritage Code), „Revista de Drept P ublic” Supplement
2018, p. 168-175.
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
this initiative.
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, consulted by the author from 15
September 2018 to 15 October 2018.

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