In the public sector, the establishment, organisation and functioning of the entities engaged in performing arts are regulated by the GO No. 21/2007 regarding performing arts, concert institutions and artistic managers’ activities. The regulatory framework was improved in 2016 by the provisions in the Ordinance 48/2016 amending some legal provisions in the field of culture, applicable, inter alia, to public performing arts institutions and concerts.
The functioning and organisation of this type of institutions and their specific activity would require some clearer regulations, but, in the absence of an applied study, the malfunctions reported by authorities and even by the relevant institutions in the field cannot be addressed yet. There is also an issue related to the statistical identification of these public or private performing arts entities, as some of the local public institutions are cultural centres with extremely diverse activities, which report performing arts activities, but are not strictly registered as this kind of institutions. This is why the differences between the number of units with performing arts activities and those registered as performing arts or concert institutions/organisations are quite high, at national level.
Although they are important sectors of a high economic impact, the music and entertainment sectors in Romania are not covered by any specific regulations. Depending on how they are organised, they may fall under the incidence of the Law no. 31/1990 – Law on companies, republished, of the relevant provisions of the Civil Code, of the Ordinance on associations and foundations (GO no. 26/2000) or under the incidence of the GEO No. 44/2008 on the activities of freelancers, individual and family enterprises, as amended and supplemented.
Table. Economic performance – Performing arts
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| 2011 | 2012 | 2013 | 2014 | 2015 |
| Turnover evolution by CCS sub-sectors (thousand RON) | 518,344.3 | 637,403.5 | 699,156.6 | 792,041.7 | 1,025,449 |
| Employment evolution by sub-sectors | 5,875 | 6,425 | 7,152 | 7,681 | 9,161 |
| Profit evolution by sub-sectors (thousand RON) | -8,198 | -6,329 | -2,604 | 11,553 | 95,456 |
| Labour productivity evolution (thousand RON turnover/number of employees) | 88 | 99 | 98 | 103 | 112 |
| Number of companies | 3,110 | 3,687 | 4,276 | 4,873 | 5,848 |
Source: Borg Design Database, INCFC analyses
The above table illustrates the performance of the private (profit and non-profit) businesses in this sector. By the very nature of the products it develops, the performing arts sector involves large ensembles of creators of various categories and therefore it requires rather complicated technical facilities to produce performances, which explains why very few active companies in this field are able to survive without consistent support. Although this sector is the least capable to survive in the absence of public intervention, its emergence on the market, mainly in cities, is an acknowledgment of the fact that public institutions cannot possibly satisfy all of the expectations of the general public.
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