Abstract

From its beginnings and until January 2000, Romanian archaeology did not benefit from a specific legislation. The lack of specialised administrative structures that support initiatives and of a set of minimal rules or of a unique system of professional licensing has had negative effects such as the lack of any legislative initiative concerning archaeology, the perpetuation of old, customary standards with relative application in archaeological diggings and in the interpretation of professional criteria and quality, the lack of any legal duty to report diggings results (except for the standards of certain institutions), and the lack of higher education in the field. Despite the fact that Romania has been a member of the European Convention concerning the archaeological heritage (signed at La Valetta on January 16, 1992) ever since 1997, it was only in 2000 that they enacted the first law concerning the protection of the archaeological heritage. Law No. 462 from 2003 defined from a legal point of view the types of archaeological research, classifying them into systematic, preventive, and salvation, introduced the “polluter pays” principle, and contained measures for the prevention of archaeological poaching. However, the law omitted taking measures against the second major enemy of archaeological sites, after manmade destruction: natural hazard. The present study is an analysis of the consequences of the non-involvement of centralised and local public administration, as well as of civil society, in general, in the protection, conservation, and capitalisation of the archaeological heritage subjected to both natural (increasingly frequent) and manmade destruction in the Romania of the 21st century.

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