Romania does not have a general legislation referring to general issues of cultural policies for the cultural and creative sectors overall. The legal provisions in force are sector-specific, and therefore shall be described infra in the following subchapters.
Relevant primary legislation of a transversal nature, covering specific issues for the whole or the majority of the cultural and creative sectors, is presented below.
A. Private cultural entities organisation and activities
- G.O. No. 26/2000 on associations and foundations, amended and modified
- Law No. 31/1990 on (commercial) companies
- Civil Code (Law No. 289/2009)
- E.G.O. No. 44/2008 on self-employed persons (“authorized natural persons”) and individual and family enterprises
- Law No. 1/2005 on co-operative organisations
- Law No. 120/2015 regarding the stimulation of individual investors, known as business angels
B. Management of public cultural institutions
- E.G.O. No. 189/2008 on the management of public cultural institutions – a law that regulates horizontally the management, administration and superintendence of these public structures, regardless of their type. This law has a major impact on the depoliticization, professionalization and transparency of the management and assignment of institutions managers, which, up until 2004, was political.
C. Cultural orders and decorations
- Law No. 29/2000, republished, on the national system of Orders and Decorations, instituting the Cultural Order and Cultural Medal
D. Government programme and policies
- Programme of the Government for 2018-2020, chapter on Culture, Religious Affairs and Minorities
International legal instruments related to culture, signed, adopted, acceded to or ratified by Romania are presented below.
Title of the international legal instruments | Organisation responsible for administering it | Year of entry into force in Romania and title of national instrument |
European Cultural Convention | Council of Europe | 19.12.1991 – Law no. 77/1991 |
European Code of Social Security | Council of Europe | 10.10.2010 – Law no. 116/2009 |
Convention for the Protection of Architectural Heritage of Europe | Council of Europe | 01.03.1998 – Law no. 157/1997 |
European Convention on Transfrontier Television | Council of Europe | 01.11.2004 – Law no. 11/2004 |
European Convention on the Protection of Archaeological Heritage (revised) | Council of Europe | 21.05.1998 – Law no. 150/1997 |
European Convention on Cinematographic Co-Production | Council of Europe | 01.07.2002 – Law no. 28/2002 |
European Charter for Regional or Minority Languages | Council of Europe | 01.05.2008 – Law no. 282/2007 |
Framework Convention for the Protection of National Minorities | Council of Europe | 01.02.1998 – Law no. 33/1995 |
European Landscape Convention | Council of Europe | 01.03.2004 – Law no. 451/2002 |
European Convention on the Legal Protection of Services Based On, or Consisting of Conditional Access | Council of Europe | 01.07.2003 – Law no. 305/2002 |
Convention for the Protection of Cultural Property in the Event of Armed Conflict with Regulations for the Execution of the Convention. The Hague | UNESCO | 21.03.1958 – Decree no. 605/1957 |
Protocol to the Convention for the Protection of Cultural Property in the Event of Armed Conflict. | UNESCO | 21.03.1958 – Decree no. 605/1957 |
The Hague Convention against Discrimination in Education | UNESCO | 09.07.1964 – Decree no. 149/1964 |
Convention concerning the International Exchange of Publications | UNESCO | 09.06.1965 – Decree no. 835/1964 |
Agreement on the Importation of Educational, Scientific and Cultural Materials, with Annexes A to E and Protocol annexed. Florence | UNESCO | 24.11.1970 |
Convention concerning the Protection of the World Cultural and Natural Heritage | UNESCO | 16.05.1990 – Decree no. 187/1990 |
Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property | UNESCO | 06.12.1993 – Law no. 79/1993 |
Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms | UNESCO/WIPO | 01.07.1998 – Law no. 78/1998 |
Convention on the Protection and Promotion of the Diversity of Cultural Expressions | UNESCO | 20.07.2006 – Law no. 248/2006 |
Convention for the Safeguarding of the Intangible Cultural Heritage | UNESCO | 20.01.2006 – Law no. 410/2005 |
Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict | UNESCO | 07.08.2006 – Law no. 285/2006 |
Convention on the Protection of the Underwater Cultural Heritage | UNESCO | 31.07.2007 – Law no. 99/2007 |
Berne Convention for the Protection of Literary and Artistic Works | WIPO | 01.01.1927 |
Berne Convention – revised 1896, 1908, 1914, 1928, 1948, 1967, 1971, 1979 | WIPO | 17.04.1998 – Law no. 77/1998 |
International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations | WIPO/UNESCO/ILO | 22.07.1998 – Law no. 76/1998 |
Convention Establishing the World Intellectual Property Organization | WIPO | 26.04.1970 – Decree no. 1175/1968 |
Copyright Treaty (WCT) | WIPO | 06.03.2002 – Law no. 205/2000 |
Performances and Phonograms Treaty (WPPT) | WIPO | 20.05.2002 – Law no. 206/2000 |
Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) | WTO | 01.01.1995 |
Convention on Stolen or Illegally Exported Cultural Objects | UNIDROIT | 01.07.1998 – Law no. 149/1997 |
International Covenant on Economic, Social and Cultural Rights | UN | 20.11.1974 – Decree no. 212/1974 |
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