OG 43/2000 privind patrimoniul arheologic, la 22 de ani de la emitere. Braconajul arheologic și reglementarea colecțiilor private
OG 43/2000 regarding the Archaeological Heritage, 22 years after its issuance. Archaeological poaching and the regulation of private collections

Summary/Abstract: The present study deals with the issue of the efficiency of GO 43/2000, at a distance of the 22 years that have passed since its issuance. An integral part of the legislative package necessary for Romania's accession to the European Union, this normative act proves to be, in comparison with the other legal acts, a reliable and effective one in substance. The realities revealed by a society in full dynamism, in continuous adaptation to the complex ‘status quo’ of the United Europe, but also the specific features of the space and psychology of the Romanian people, highlighted aspects less agreed with the text of this normative act. Thus, the combination of the increasingly present phenomenon of detectorists, associated with an institutional apathy generated by the Ministry of Culture – theoretically, the main strategist of policies for the protection of archaeological heritage – but also by its deconcentrated institutions (county directorates), generated a situation with potential very high level of catastrophic consequences for the archaeological heritage. If in the case of the first component, 22 years ago the legislator could not suspect the explosion of interest in the use of metal detectors, in the second case, the legislator anticipated the disinterest and lack of reaction of state institutions involved in making public sources documentation on areas that enjoy a protection regime, according to the law. The author identifies the weaknesses of GO 43/2000, respectively those articles whose text should be updated, modified or even structurally changed. The neuralgic point seems to be that of the evidence of the archaeological heritage. The basic principle of the discussion is that: ‘you cannot protect something that you have not highlighted’. As long as there is no strict, complete and publicly accessible record of cultural heritage, the idea of protection becomes a euphemism. The current number of sites registered in the National Archaeological Repertory (RAN), the database that aimed for almost 20 years to include the entire archaeological heritage (sites), is far from what it should have been. Calculations show that RAN does not include even 25% of the actual number of archaeological sites. Government Ordinance 43/2000 is, in essence, a good law, but it needs urgent updates, mainly related to the way in which the responsibilities of state institutions must be … honoured.

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