Report creation date: 14.10.2008 - 11:31
Countr(y/ies): Romania
Chapter(s): 1,2,21,22,23,24,241,242,243,244,245,246,3,31,32,33,4,41,42,421,422,423,424,425,426,427,428,429,4210,43,5,51,511,512,513,514,515,516,517,518,519,52,53,531,532,533,534,535,536,537,538,539,5310,6,61,62,63,64,7,71,72,73,8,81,811,812,813,82,821,822,83,831,832,84,841,842,9,91,92

Romania/ 1. Historical perspective: cultural policies and instruments

From 1945 until 1989 and with a few short periods of relapse (1965-1971), Romania was the theatre for one of the most refined and detailed totalitarian experiments in Eastern Europe. Naturally, culture was one of the most affected fields, as the state grip on individual private lives and collective mentalities alike was totalitarian. Palace of the Parliament

In 1948, a new regime was installed, the People's Republic, which was progressively placed under the single rule of the Romanian Communist Party. During the years 1948-1949, all the other traditional political parties were brutally disbanded and most of their leaders imprisoned. As a member of Kominform*, COMECON and the Warsaw Pact in the economic and military / strategic fields, Romania started to implement the socialist Zhdanov (cultural) Doctrine at the domestic level. This Doctrine prescribed a blind obedience of all the actors in cultural life towards the new regime, correlated with state control of the whole "cultural chain", from budgetary resources and printing facilities, for example, to the very content of cultural products that had to be adapted and aligned to the new, Soviet directed standards**.

All media, including television, was placed under close censorship, both through the presence of political propaganda by specialised departments and through the close monitoring of the content of all forms of media.

This firm grasp on cultural and creative life was accompanied by the progressive multiplication of various administrative entities and structures such as the Propaganda Secretariat of the Communist Party Central Committee and the National Council of Socialist Education and Culture (NCSEC). The public authority pyramid system was reinforced by the political hierarchy, in close communication and often using the same human and management resources. Therefore, repression of any attempt at underground culture or challenges had increasingly been effective and immediate.

There was a short détente, mainly highlighted by propaganda coups (for example related to the visit of some foreign leaders to Romania, such as Charles de Gaulle in 1968 and Richard Nixon in 1969). However, in 1971, a new national cultural programme was introduced, known as "the July Platform", which was clearly inspired by the Maoist "Cultural Revolution". Thus, a new wave of repression began with culture. Brutally and implacably, Romania entered its "cultural dark ages"; a result of Nicolae Ceausescu's extreme personality. There was an almost complete lack of communication and circulation of cultural goods and values to, and from, the Western World and renewed repression towards artists.

Romania's progress cannot be fully understood and evaluated without taking into account the mutation process in the field of collective mentalities in general, namely of culture and cultural policies in particular. In contrast to the dereliction and negative control of the whole system and political behaviour before 1989, the 1990s presented a frantic and sometimes incoherent succession of trends.

No less than seven different Ministers of Culture took office between 1990 and 1996, in an attempt to steer the course of reforms in the field adequately and coherently. However, contradictory inspirations, resistance of old structures and habits and sometimes a lack of initiative and political backup, coupled with a progressive devaluation of culture's rank in the national budgetary system, reduced the steady pace of change. 1996 marked the arrival to governmental affairs of the Romanian Democratic Convention, a coalition of liberals, social-democrats and Christian-democrats. Significant steps towards pragmatism were made in the cultural field.

The problems related to the cultural structures, and patterns of public policies, are mainly the confusion between the welfare mission of the state and the modern meaning of its role. Therefore, under the impetus of the Council of Europe, a first evaluation review was organised in 1998 to draft clear instruments and criteria for public cultural policies, adapted to the local context, yet coherent with current European standards.

The second, this time domestic, pressure factor was civil society. More specialised structures (e.g. Ecumest) started to appear in a domestic scene which had been dominated for a long time by generalist NGO "holdings", such as the Soros Open Society Network. Their public impact is far more pragmatic and specifically targeted to the real needs of cultural life. Thus, NGOs started to provide an articulated framework for grants, in order to develop local pilot projects of public interest, public awareness and transparency.

Under these symmetrical pressures, the structures of the Ministry of Culture and Religious Affairs (MoCRA) had to evolve, in terms of increased transparency and cooperation, as well as meeting the needs of the stakeholders in the domains of policy and decision- making.

Until 1997, the drafting of public cultural policies was exclusively realised on a closed circuit basis, which included MoCRA's civil servants and those responsible to the Ministry. In 1997, a Consultative Council of the Ministry was set up, with the regular participation of representatives of relevant stakeholders.

In 2001, several Regional Cultural Forums were organised, which analysts considered to be similar to the negative NCSEC precedent. The whole debate was largely characterised by civil society as classic post-electoral "lip-service".

In the autumn of 2005, the new popular liberal coalition, The Justice and Truth Alliance, brought a new, increasingly transparent vision of public cultural policies. MoCRA has ceased to be a mere cultural operator, administering and distributing public funds and organizing events. It aims to complete the transfer of its competencies related to the financing of cultural programmes and events to arm's length bodies, such as the recently reorganised National Cultural Fund.

* The international structure of Communist parties for media and culture

** The Zhdanov Doctrine is also known as "socialist realism".

Romania/ 2. Competence, decision-making and administration

2.1 Organisational structure (organigram)

Ministry organisational chart

Permanent Committees

Task Force Bodies

Romania/ 2. Competence, decision-making and administration

2.2 Overall description of the system

The new organisational framework of the Ministry of Culture and Religious Affairs

Government Decision no. 78/2005 implements a new framework for the organisation and functioning of the Ministry of Culture and Religious Affairs (MoCRA). As a central authority, MoCRA plays the most important role in the Romanian governance structure, having distinct responsibilities for development and implementation of strategies and policies in the fields of culture, the arts and the audiovisual sector (in collaboration with the National Audiovisual Council). The new organisational framework diversifies the structure of the ministry, creating new departments to cover all areas of competence covered by MoCRA, allowing for transversal, intersectorial co-operation within the ministry and within the government.

Government Decision no.77/2005 establishes measures for the planning, promotion and coordination, at national level, of the activities related to the programme "Sibiu - 2007 European Cultural Capital". A Commissioner was appointed within MOCRA and an operational group was created to operate the programme.

Reorganisation of the decentralised services
(the county directorates for culture, religious affairs and national cultural heritage)

Currently, the public decentralised services of the Ministry of Culture and Religious Affairs are organised at each district / county level, as directorates for culture, religious affairs and national cultural heritage.

Following the adoption of Government Decision no. 78/2005, these services have been reorganised and are now entrusted with specific tasks, adapted to their role and functions as decentralised bodies. They are now responsible for part of the central public administrative system in various fields, such as the protection of historical monuments and national cultural heritage, monitoring copyright infringements, support for NGOs and financing of cultural programmes, projects and events in emergency situations. They also monitor the implementation and compliance, by relevant entities, of their respective obligations, according to the provisions of Government Ordinance no 10/2005, relating to the transfer of levies set up by the Ordinance to the National Cultural Fund. Training for cultural operators is also organised through these decentralised services (e.g. access to financial resources, the Culture 2000 programme, Structural and Cohesion funds).

The decentralised services of MoCRA do not normally function as cultural operators. They mostly act as part of the central administration, mediators, network operators etc.

However, a new agency was created in 2005, the Administration of the National Cultural Fund, as a public institution, offering financial support to cultural projects in a transparent and competitive environment. This agency may become a powerful financial instrument of the Romanian Ministry for Culture and Religious Affairs. It holds consultations with cultural operators (artists, NGOs, public institutions), and the representatives of the Ministry, in order to establish a financial strategy for culture. It contributes also to public awareness towards culture and promotes access, appreciation and direct participation to the cultural act;

Romania/ 2. Competence, decision-making and administration

2.3 Inter-ministerial or intergovernmental co-operation

While the historical pattern is centralised, with a strong accent on close control by the state, new mechanisms of interministerial and intergovernmental co-operation have been progressively implemented since 1990.

The intergovernmental co-operation aims to provide an effective transversal and intersectorial decision-making circuit and framework, able to ensure Romania's accession to the EU, according to the agreed schedule.

Since December 2004, the Ministry of Culture and Religious Affairs (MoCRA) is placed under the monitoring authority of a State Minister without portfolio, competent for European Integration, Education and Cultural Affairs. This new approach should foster and encourage the implementation of new mechanisms between the central executive level and its specialised central authorities.

At the inter-ministerial level, MoCRA closely cooperates on a permanent basis with:

the Ministry of European Integration, on any general or specialised matters related to the accession process (with a focus on the implementation of new mechanisms of access to Structural Funds, e.g. the ROP- Regional Operational Programmes). Several experts of the Romanian Ministry of European Integration work within the General Secretariat of MoCRA and execute some of the current tasks in the field of European Affairs. These tasks mainly consist of the drafting and presentation of the Romanian National position papers on issues related to Audiovisual Culture (under Chapter 20 of negotiations with the EU) and Intellectual Property Rights (under Chapter 5 of negotiations with the EU), upon the mandatory approval of the Ministry of European Integration, the Ministry for Foreign Affairs and, when needed, of the National Audiovisual Council;
MoCRA representatives actively take part in the meetings of the Executive Committee for European Integration, the government's main coordination structure in the domain;
the Ministry also actively cooperates with the National Tourism Authority (especially regarding the implementation of Operational Sectorial Programmes and pilot projects), the Ministry of Agriculture and Rural Development (on the implementation of OPS) and also the Ministry for Foreign Affairs and the Romanian Cultural Institute (joint campaigns for promoting Romanian culture abroad; and
MoCRA shares competencies for the elaboration of sectorial public policies with other public entities, such as the National Audiovisual Council (the NAC) within specific coordination mechanisms. Therefore, a joint group of experts from MoCRA and the NAC has been established to monitor issues related to the implementation of the Convention on Transfrontier Television and other relevant European texts in the audiovisual sector (including the revision of the European directive "Television Without Frontiers").

At the central / local level, MoCRA cooperates with the Bucharest Municipality on several large scale projects (such as the rehabilitation and restoration of the Bucharest Historical Centre), the local administration of the city of Sibiu (for the preparation of the Sibiu 2007-Cultural European Capital Programme) and with other municipalities on specific cultural events (e.g. theatre or music festivals).

A new inter-ministerial co-operation project is currently being elaborated, involving MoCRA, the Ministry for Domestic and Administrative Affairs, the Ministry of Agriculture and Rural Development, and local authorities to redevelop the national network of rural cultural centres.

Romania/ 2.4 International cultural co-operation

2.4.1 Overview of main structures and trends

The Department for International Relations and European Regulations (DRIREA), within the Ministry of Culture and Religious Affairs, is responsible for Romanian cultural diplomacy. It also co-operates with the Romanian

The Department for Cultural, Educational and Scientific Relations, within the Ministry of Foreign Affairs, is also responsible for cultural co-operation in the education and scientific fields. This Department elaborates and administers the executive programmes that exist at bi-lateral level.

Current developments are:

a new strategy for promoting the country's brand image abroad, with a focus on Europe and the Balkans, has been drafted by MoCRA in co-operation with the Romanian Cultural Institute;
the Draft Strategy, currently under debate, suggests as possible solutions the extension of public / private partnerships and a more open attitude towards the work of NGOs and cultural heritage (traditions, lifestyle, etc.);
at the level of intergovernmental co-operation, Romania participated in the negotiations and offered support from the early stages for the adoption of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (Paris, 2005); and
Romania's key interest concerning cultural action is directly focused towards two main targets: the European Union member states and the neighbouring countries of South Eastern Europe and the Black Sea Region, with special attention granted to the needs and expectations of Romanian communities living abroad and the general public. It is focusing on several regional agreements, projects and partnerships, such as the Council of Ministers of Culture of South-Eastern Europe (2005), the Central European Initiative, the Danube Cooperation Process, the Stability Pact in Southeastern Europe, the Southeastern European Co-operation Initiative.

Romania/ 2.4 International cultural co-operation

2.4.2 Public actors and cultural diplomacy

The Romanian Cultural Institute has the mission to promote Romanian culture and civilisation both within the country and abroad. The main purpose is to increase the visibility of Romanian cultural values. It has branches in the following cities: Berlin, Budapest, Istanbul, Lisbon, London, Madrid, New York, Paris, Prague, Rome, Stockholm, Tel-Aviv, Warsaw, Venice, and Vienna. The Institute functions under the Presidency of Romania and it works under the management of various projects.

Several cultural agencies function in Romania:

The French Institute. Cultural cooperation is sustained by a network of 4 institutes and cultural centres (in Bucharest, Cluj-Napoca, Iasi and Timisoara) and 4 French alliances (at Brasov, Constanta, Ploiesti and Pitesti). There are also 55 bilingual sections in high schools and 10 university francophone sections e.g. in the Polytechnic University, the Economic Studies Academy and Faculty of Law and the Franco-Romanian College for European Studies;
The British Council has a centre in Bucharest (one of the oldest British Council offices) and two others in Cluj Napoca and Iasi; and
The Goethe Institute has one main centre in Bucharest (the German Cultural Centre) and two branches in Craiova and Iasi.

All of these institutes promote their national culture, have public libraries, organize events (seminars, conferences, festivals etc), have language training centres, and host various concerts, exhibitions etc. They fund different independent projects of cultural organisations and actors. These centres are also partners in various programmes and projects, along with public and non-public institutions.

Romania has various bi-lateral agreements at ministerial level, with corresponding Ministries of Culture. France is a major partner regarding, for example, heritage management. There are also various inter-governmental agreements and co-operation treaties in the area of culture.

In the accession to the EU process, Romania has developed different partnerships with foreign agencies and organisations regarding education and training. France and Germany, for example, are major partners in this area. Another example of an exchange of experience programme is a partnership with Greek organisations in the area of industrial archaeology, regarding the town of Sulina (situated in Eastern Romania, the Delta of the Danube region). Exchange programmes have been developed with French institutions in the fields of archaeology and restoration. (see also chapter 2.4.1).

Overall, all of the structures in Romania that support projects in the cultural fields (visual arts and architecture, written culture and libraries, museums, theatre, dance, music, heritage, intangible heritage, cultural management and permanent training) also involve international co-operation.

Romania/ 2.4 International cultural co-operation

2.4.3 European / international actors and programmes

Romania is an active member of several expert groups of the Council of Europe (CDCULT, CDPAT, Europae Archeologicae Consilium and CDMC);
Romania is also part of several regional agreements, projects and partnerships, such as the Council of Ministers of Culture of South-Eastern Europe, following the signature of the Copenhagen Charter (2005), the Central European Initiative, the Danube Cooperation Process, the Stability Pact in Southeastern Europe, the Southeastern European Co-operation Initiative - but also in other areas, in Eastern Europe, the Caucasus and Central Europe;
As a follow-up project in the framework of the Charter, Romania proposed the establishment, under MoCRA's Centre for Cultural Studies and Research, of a Regional Observatory for Cultural Diversity (based in Bucharest) aimed at becoming a virtual network of researchers and policy-makers from each participant country of the Charter of Ministers of Culture from South-Eastern Europe;
Romania is deeply involved in European co-operation projects through its participation in the Culture 2000 Programme of the European Union, which is expected to be extended to the Media 2007 platform upon the country's accession to the EU;
the city of Sibiu has been selected as European Capital of Culture for the year 2007 (along with the city of Luxembourg). An ambitious architectural restoration and rehabilitation programme is currently being developed, in order to prepare the adequate infrastructure for the events on the project's agenda;
Romania's key interest concerning cultural action is directly focused towards two main targets: the European Union member states and the neighboring countries of the South Eastern Europe and the Black Sea Region; and
Romania is hosting the 2006 International Francophone Summit, in recognition of both its cultural heritage and regional importance. The Summit is expected to generate unprecedented co-operation initiatives and contacts, in terms of quality and intensity among the francophone world.

Romania has a National Committee for UNESCO, being a country with a number of sites included on the world heritage list. The UNESCO country office, UNESCO-CEPES (the European Centre for Higher Education / Centre Européen pour l'Enseignement Supérieur), was established in September 1972 with a view to promoting co-operation in higher education among Member States of the Europe Region (the countries of Europe, North America, and Israel). The activities of the Centre are focused, foremost, on higher education in Central and Eastern Europe and the Director of UNESCO-CEPES also serves as the Representative of UNESCO in Romania. Since September 2003, UNESCO-CEPES has been a consultative member of the Follow-up Group of the Bologna Process (BFUG), which is responsible for the implementation of the Bologna Process goals.

The Romanian ministries and bodies responsible for implementing and monitoring the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions are: the Ministry of Culture and Religious Affairs (MOCRA), the Ministry of Foreign Affairs (MFA) and the National Committee for UNESCO.

Romania/ 2.4 International cultural co-operation

2.4.4 Direct professional co-operation

Examples of trans-national co-operation between arts and heritage institutions in Romania are:

recent co-operation between the National Museum of Contemporary Arts in Bucharest and the Museum of Contemporary Arts in Zagreb, Croatia;
co-operation between the National Theatre in Iasi and the National Theatre in Chisinau, Republic of Moldova;
the International Congress of Theatre Critics took place, in 2005, in Bucharest;
another example of international related activity is The International "Shakespeare" Film Festival, which has taken place for four consecutive years in the city of Craiova, and also presented a series of shows in Bucharest this year. The festival opened on 25 April, two days after the anniversary of the playwright's birth, with a performance of "The Twelfth Night", produced by the International Chekhov Festival, in collaboration with the "Cheek by Jowl" company from London and directed by Declan Donnellan. During the 10 days of the festival, Craiova hosted other important theatre companies: "A Midsummer Night's Dream" directed by Oskaras Korshunovas from the "Oskaras Korshunovas" Theatre in Vilnius; "Hamlet" directed by Omri Nitzan from the Cameri Theater in Tel Aviv; and "Trolius and Cresida", directed by Silviu Purcarete, from the Katona Jozsef Theater in Budapest. The programme in Craiova also included a series of shows produced in Romania, among which are Silviu Purcarete's "As You Like It or the Night at the End of the Fair" and "Romeo and Juliet", directed by Yiannis Paraskevopoulos, at the Craiova National. Other shows included two performances of "Cymbeline", one directed by Alexander Hausvater at the German Theatre in Timisoara and another directed by Laszlo Bocsardi at the Odeon Theater in Bucharest;
the Romanian Film Week; and
as for NGO's, ECUMEST (http://www.ecumest.ro/) participates in various European networks, being an active promoter of networking between cultural operators and artists, both in Romania and Eastern Europe, as well as at international level. It mediates contacts and facilitates international cooperation projects in various artistic fields or cultural sectors (e.g., IETM - Informal European Theatre Meeting, ENCATC - European Network of Cultural Administration Training Centres, INCD - International Network on Cultural Diversity, Balkan Express).

Romania/ 2.4 International cultural co-operation

2.4.5 Cross-border intercultural dialogue and co-operation

Several governmental bodies operate in this field:

The Ministry of Culture and Religious Affairs has an office for minorities' cultures, which is responsible for supporting inter-cultural dialogue, along with promoting cultural events and organisations and institutions belonging to minority groups; and
the National Agency for Roma (NAR) was founded in accordance with Government Ordinance No. 78/2004, approved by Law 7/2005. The first measure undertaken by NAR was to modify the institution's objectives and attributions, initially stipulated in Government Decision Nr. 1703/2004, regarding its organisation and functioning. At present, the National Agency for Roma, in accordance with the provisions of Government Decision nr. 1124, from September 2005, is applying, co-ordinating, monitoring and evaluating the social intervention fields stipulated in the Government Strategy for Improving Roma Conditions, approved by the government in April 2001.

MoCRA has a grant programme, Mobility Funds, which provides opportunities for financing studies or travel grants for various applications. It takes place periodically, with an independent jury to evaluate the applications. The Fund has already been in operation for more than one year. Each session has around 30 recipients (full or part paid), including youth groups, individual students, young scholars, artists, cultural management professionals etc.

Policies for Culture is a regional framework programme of the ECUMEST Association (Bucharest) and the European Cultural Foundation (Amsterdam), active since the year 2000, which aims to encourage a participative principle in the design, implementation and evaluation of new effective cultural policies throughout South East Europe. So far, the Policies for Culture Programme (PfC) has developed a platform of more than 500 organisations in the region (NGOs, public authorities at national, regional and local level, universities and research institutes, cultural magazines and journals) and initiated "PfC Plus" (addressing countries such as Slovakia or Turkey) and "CPEG - the Cultural Policy Education Group".

For more information, see our Intercultural Dialogue section.

Romania/ 2.4 International cultural co-operation

2.4.6 Other relevant issues

"Culture in development" is one of the key concepts of the National Strategy Plan that has been developed with MoCRA experts. Creative industries, for instance, have become a strategic goal for the national development strategy. Various programmes mentioned in the NDP are based on concepts such as efficiency, quality control, development and promotion.

There are no additional provisions for Diaspora communities, although proposals have been made and negotiated at political level.

Romania/ 3. General objectives and principles of cultural policy

3.1 Main elements of the current cultural policy model

One of the main roles of the Ministry of Culture and Religious Affairs is to ensure the compliance and promotion of the fundamental rights and liberties established by the Romanian constitution and by the international treaties and conventions to which Romania is party, regarding: the freedom of expression and creation, equal opportunities and free access to culture, participation in cultural life, freedom of conscience and of religious beliefs.

According to Government Directive no. 78/2005, on the organisation and functioning of the Ministry of Culture and Religious Affairs (MoCRA), the Ministry carries out its activities based on the following fundamental principles:

culture and cultural freedom are an essential element of human development;
cultural creativity represents one of the main sources of human progress;
culture is an important factor of durable development;
culture represents a factor in the stimulation of the quality of life and ensures social
cohesion; and
the religious groups recognised by law are free, autonomous and equal in their relations
with the authorities.

The main objectives of the Ministry's activities are:

increasing the degree of access to and participation in culture;
promotion of diversity and preservation of cultural identities;
promotion of multiculturalism and protection of the culture of minorities;
protection of cultural, material and immaterial heritage;
promotion and development of contemporary creation and support of the creators;
support for the circulation of cultural works and creations, promotion of intercultural dialogue and of cultural creation within of the world's circuit of values;
support for artists' and creators' mobility, and also for cultural specialists;
fostering of cultural life within local communities;
support for community involvement in the development of the knowledge society, through promoting universal access by public institutions to information centres;
designing a specific social protection system for creators and artists;
fostering development of the cultural industries sector;
specialised training for workers in the cultural sector;
promotion of programmes and projects dedicated to adult education; and
support for the law recognising religious groups.

The Romanian cultural policy model can be characterised, therefore, as more oriented towards consumer-generated benefits / satisfaction, especially through the strengthening of managerial responsibilities of the directors of cultural institutions, the establishment of new and more complex decentralised services and the financial operation of "arm's length bodies", such as the Administration of the National Cultural Fund.

Romania/ 3. General objectives and principles of cultural policy

3.2 National definition of culture

The Ministry of Culture and Religious Affairs drafted a National Development Plan for the period 2007-2013. The NDP is a very useful and valuable planning tool, evaluating the issues at stake, irrespective of political changes. Thus, it provides a neutral approach and diagnosis of the main trends and identifies clear attainable objectives.

The NDP provides a pluralist definition of culture, which is considered as "[....] a factor of social development, not merely a sector that only consumes public financial resources. In this respect, culture may be also viewed as an instrument for the accomplishment of other social and economic objectives (e.g.: employment, economic and education benefits, social cohesion, and addressing social problems) and must be understood as a tool to promote social value and dynamics."

Article 3 of Government Directive no. 78/2005 also expresses the fundamental, definitive principles of cultural policy (see chapter 3.1, second paragraph).

Culture is not only seen as one of the key factors of sustainable development and a core indicator for the overall quality of life; it also has an important role in simultaneously generating and responding to specific needs and aspirations, expressing identities and essential values and consolidating social cohesion and structures.

Therefore, culture ceases to be a mere source of expenditure and is transformed into a dynamic public service, which contributes to economic growth on a sustainable basis.

Romania/ 3. General objectives and principles of cultural policy

3.3 Cultural policy objectives

The strategy of the Ministry of Culture and Religious Affairs identifies the following principles:

cultural policies should be considered a key component of any general development strategy;
cultural policies should aim to promote creativity and participation in cultural life;
cultural policies should enforce measures in order to preserve cultural heritage and promote cultural industries; and
cultural policies should strive to promote cultural and linguistic diversity in the information society and ensure the growth of human and financial resources for the development of culture.

According to these guidelines, several cultural policy objectives have been established, such as: the protection, support and promotion of creativity and creative activities, the protection of the cultural identity of ethnic minorities, the promotion of cultural traditions (intangible heritage) and the protection and enhancement of the national cultural heritage.

Romania/ 4. Current issues in cultural policy development and debate

4.1 Main cultural policy issues and priorities

There were two main public policy priorities in the field of culture in recent years, namely decentralisation and institutional reform. Legislation relating to decentralisation was amended in 2005, aiming to accelerate the pace of reforms. However these initiatives did not succeed, as most of the "decentralised institutions" were returned to Ministry control in the ensuing months.

In the development of the policy priorities, the main issues that Romanian policy-makers are facing are the following:

obsolete infrastructure;
obsolete and insufficient equipment;
weak managerial knowledge;
reduction in budgetary allocations;
low levels of remuneration - no incentives for young people;
steady decrease of the level of employment in the cultural field; and
harmonisation with EU trends and developments.

There were many public debates, involving cultural workers and the general public, regarding issues related to financing, management, specific infrastructure, training, etc. which influenced the governmental actions and decisions in the field of culture. Participation in cultural life includes participation in the policy making process.

Romania/ 4.2 Recent policy issues and debates

4.2.1 Cultural minorities, groups and communities

Cultural policy goals for ethnic groups vary highly from one group to another, mirroring the significant differences in the socio-demographic composition of these groups in Romania. There are 19 officially recognised ethnic groups and each is represented in the lower Chamber of the Parliament - the Deputies Chamber (save for the Hungarian minority, which is represented by a political entity - the Democratic Union of Hungarians in Romania).

There are different approaches adopted towards minority groups in Romania's cultural policy making, as some are compact communities, while others are scattered all over the country.

There are various cultural institutions supported by the state budget (e.g. theatres and drama and dance companies in minority languages in several cities such as Tirgu Mures, Timisoara, Oradea, Cluj, and Bucharest). The NGO sector also supports some of the cultural life of these groups, especially in the case of the Roma population. Significant support for cultural activities, advocacy and education programmes are carried out with funds from NGOs, such as the Open Society Foundation. In the Public Broadcasting Services, there are TV and radio programmes in the languages of these ethnic minorities.

The Ministry of Culture and Religious Affairs has developed several specific programmes to support the cultural and linguistic identities and the diversity of expression, cultural activities and artistic practices of minorities groups, such as:

"Proetnicultura" - a programme designed to support cultural events, festivals etc.;
"Roma - together in Europe" - the main objectives are the preservation and promotion of the cultural and linguistic heritage of the Roma minority;
support for book publishing in minority languages; and
support for the publishing of cultural magazines in minority languages.

Independent cultural events have taken place, organised in collaboration between NGOs, local or central administration and private entities.

Romania/ 4.2 Recent policy issues and debates

4.2.2 Language issues and policies

The official language of Romania is Romanian. The main issue is the protection of the languages of the 19 minority ethnic groups. Protective principles can be found in the Local Public Administration Law no 215/2001, including the right to use a mother tongue within administrative procedures (Article 8), or the systematic translation of geographical names and indicators in all the spoken languages of a given area (Article 10 to 13). The "Minorities Law" is currently under parliamentary debate.

In an attempt to counterbalance the strong pressure of the English language on Romanian, the Parliament adopted a Law on the use of Romanian in public places, circumstances and institutions (law no 500/2004). The impact and credibility of this Law are still to be tested, taking into account the unpredictable and spontaneous character of any language's evolution.

Romania/ 4.3 Recent policy issues and debates

4.2.3 Intercultural dialogue: actors, strategies, programmes

Cultural policies in Romania have a priority to promote intercultural dialogue.

The National Development Plan states that the Ministry of Culture and Religious Affairs has specific programmes to support the cultural and linguistic identities and the diversity of expression, cultural activities and artistic practices of minorities groups.

In addition, the governmental agencies for minorities (see below for the National Agency for Roma) are responsible for implementing programmes to promote intercultural dialogue.

Several NGO's, such as the Soros Foundation for an Open Society and media monitoring agencies - Academia Catavencu, Romani Criss etc, along with international agencies (UNDP Romania), have developed several projects in this area.

A good practice model is one by an NGO, Education 2000+ Centre, which organises training for school teachers and summer camps in order to eliminate ethnic differences in attitudes and access to education. On of the projects that this NGO organises is: "Roma Girls go to School as well! (2005-2006) ".

The main goal of the project is to reduce the drop-out rate, due to early marriage and early pregnancy, among Roma girls, to optimize the quality of education and improve the achievement of Roma girls in primary and secondary schools. Subsequently, the project aims to encourage and strengthen local school-community partnerships, in order to design and implement the necessary educational tools for setting up an effective and efficient "second chance" education system open to this specific target group. The programme also aims to prevent the exposure to social exclusion and to raise awareness of the risks involved in early marriage and early pregnancies. It also aims to develop local implementation models that could be replicated nationwide.

For more information, see:
Database of Good Practice on Intercultural Dialogue and our Intercultural Dialogue section.

For more information on the government's National Strategy for the European Year of Intercultural Dialogue please see: http://ec.europa.eu/culture/eac/dialogue/strategies_en.html

Romania/ 4.3 Recent policy issues and debates

4.2.4 Social cohesion and cultural policies

According to the National Development Plan for the Cultural Sector 2007-2013, culture and access to culture are regarded both as a right and as sources of sustainable development. Social cohesion and the right to culture are regarded as cultural policy issues. Social exclusion / inclusion are a major issue in Romanian society. The percentage of the population living in chronic poverty is approximately 8%. For the first time in the last 15-16 years, there seems to be a new a new poverty strata emerging, whose members do not have any knowledge of social inclusion.

There are various third sector actors which address the culture and social situation of marginal groups. Such projects usually relate to neighbourhoods, prisons, Roma groups, orphanages or immigrants. One example of good practice is Teatrul Masca (Mask Theatre), which is located in the Militari working class neighborhood. It promotes open space shows, subway shows and it runs children's education programmes to manufacture puppets.

There are various public opinion surveys which measure issues regarding trust, social capital, civic participation, etc. They usually demonstrate low civic engagement in non-governmental organisations (currently, only 3% to 4% of Romanian citizens are enrolled in a non-governmental organisation) and a high level of distrust of the public administration system.

Romania/ 4.2 Recent policy issues and debates

4.2.5 Media pluralism and content diversity

The policy coordination authorities in the media sector are the Ministry of Culture and Religious Affairs, which implements policies, and the National Audiovisual Council (NAC), which is the secondary regulator for the sector.

Romania has ratified the European Convention on Transfrontier Television and modified its national legislation accordingly.

Currently, in order to harmonise its specific legislation with the acquis communautaire, Romania closely follows up the revision process of the European Convention on Transfrontier Television, and of the TVWF Directive, in order to adapt its legislation accordingly.

Romanian public service broadcasters operate alongside numerous commercial counterparts. There are now approximately 80 Romanian television channels (almost half of them having more than 1 local station), plus 4 operated by the Romanian Television Society - the public broadcaster (TVR 1, TVR 2, TVR International, TVR Cultural). There are approximately 84 radio channels, also having more than 1 local station each, plus 2 operated by the Romanian Radio Society, the public broadcaster, which is dedicated to culture (Radio Romania Cultural and Radio Romania Musical). 845 cable companies also operate in Romania.

The National Audiovisual Council (NAC) is a public, autonomous authority under the control of the Parliament and is the protector of the public interest in the field of audio-visual communication, under the conditions provided in Audiovisual Law no. 504/2002. The Council has advisory competence with regard to other public authorities, without being empowered with legislative initiative.

The NAC was founded in 1992 (under Law 48/1992, replaced in 2002 by Law 504) in order to provide a legal framework for the setting up of a competitive and free private market in the Romanian audiovisual field.

The NAC is the only regulatory authority in the field of audio-visual programme services and must ensure the following:

observance of a pluralist expression of ideas and opinions in the programme services transmitted by radio-broadcasters under the jurisdiction of Romania;
pluralism of information sources for the public;
free competition;
a fair balance between the national radio-broadcasting services and local, regional or thematic services;
protection of human dignity and of minor children;
protection of the Romanian culture and language, as well as the culture and languages of ethnic minorities;
transparency of mass communication means in the audio-visual sector; and
transparency of its own activities.

The main debates among media professionals and other actors within the cultural community are targeted at the following issues:

TV and radio cross ownership (without print media and ISPs);
transparency provisions not fully enforced;
the production and dissemination of indigenous content: Audiovisual Law no. 504/2002 (amended in 2003 and in 2006) provides, in line with the TWF Directive, that broadcasters have to reserve at least 10% of their programme budgets, or their broadcasting time, for independent productions (excluding the time allocated to information, sports events, games, publicity, teletext and teleshopping services); and
there are no cultural obligations for broadcasters, except for those in the public service (Romanian Television Society and Romanian Radio Society) - the law is currently under revision.

Romania/ 4.2 Recent policy issues and debates

4.2.6 Culture industries: policies and programmes

According to the National Development Plan for the Cultural Sector 2007-2013, the cultural industries are defined as those activities of production and reproduction, as well as large scale distribution, of symbolic goods. They tend to occupy an increasing role in the economic, social and intellectual life of communities and in the continuous reshaping of behaviour. These industries consist of activities of production and public communication of symbolic goods, whose economic value derives primarily from their cultural value. The sector includes both "classical" cultural industries (audio-video production, radio, film, editing), "new" industries (design, multimedia, architecture, gaming), as well as traditional arts (visual arts, handicraft, shos, written culture). Currently, there is a shift towards the more recent concept of creative industries and that of copy-right based industries.

Comprehensive studies on the contribution of the cultural industries to the national economy are lacking. A detailed research report, commissioned by the World Intellectual Property Organisation and the Ministry of Culture and Religious Affairs, is expected by April 2007, through the cooperation of the Copy-right Office of Romania, Centre for Research on Culture (subordinated to MoCRA), Institute of National Economy (subordinated to the Romanian Academy). The study is expected to produce data on the contribution of copyright-based industries to the GDP, the share of the labour force employed in these industries, competitiveness of the sector, etc. According to the official data of the Copyright Office of Romania, there are 5 439 phonogram production and distribution companies, 161 videogram production and distribution companies which produce 542 862 video titles, 172 video editing workshops and 2 267 software companies operating in Romania.

The re-launching of the national film production in Romania, on the one hand, and the successes in festivals by Romanian films, on the other hand, represents recent evolutions and a premise for future development of the sector. The film sector represents one of the oldest traditions in terms of the creative industries and contributes to the turnover of indigenous work and promotes Romanian culture.

The National Centre for Cinema (http://www.cncinema.abt.ro/) has drawn up a strategy for the development of the film sector, focusing on the following main priorities:

development of the film industry;
development and diversification of the Romanian film market;
promotion of start-ups;
promotion of Romanian films;
international co-operation and participation in the specialised European structures and programmes in this field of activity; and
promotion and preservation of the national film heritage.

The development of the film industry, and of its specific market, imposes a complex system of administrative, legislative, financial and organisational measures aimed at the 3 essential segments of the film sector:

film production;
film distribution and broadcasting; and
connected cinematographic services.

Starting in 2001, the efforts of the National Centre for Cinematography were focused on the development of film production and on resolving the crisis situation in which it found itself, which must be continued into the future.

Parallel to the development of film production, the development of the connected cinematographic services represents another important priority.

The promotion of national creativity, and of Romanian films, is another objective. As a consequence, the National Centre for Cinematography launched initiatives aimed at.

Currently, there are several legislative measures pertaining to the cultural industries. These include the new law on cinematography (currently under parliamentary debate); GO no. 10/2005 - modifying the "Law on Written Culture" (state aid policies for publishers); debates regarding the support mechanisms available for the audiovisual and publishing sectors - state aid issues (direct / indirect support); and the privatisation of cinema theatres and cinema studios - a strategy paper launched in December 2005 (currently under public debate).

Sound recordings, video recordings and the multimedia industry

In the last few years, these industries have registered the most significant positive trends in comparison to the other components of the cultural industries.

The "multimedia" term is used in different contexts and with different meanings. Usually, the term defines integrated information, combining the contents of various formats (text, static and moving images, sound, graphics, animation, etc.), which is accessible through a personal computer.

The most recent developments regarding sound and video recordings and multimedia industries have been in the area of the protection of authors' rights. GO no. 25/2005 forbids the commercialisation of sound and video recordings, and computer programmes, in public spaces or by traders, in order to control and reduce / eliminate the piracy phenomena. Also, within the General Prosecutors' Office, a special department was created for the coordination of the prosecutor's activities in the area of intellectual property rights (Order of the Minister of Justice no. 412/C/2006, published in the OJ no. 130/10.02.2006). Supplementary specialised personnel were hired by the Romanian Office for Authors' Rights (ORDA), the Customs' Authority, the Ministry of Administration and the Interior and the General Prosecutors' Office. Within the special department of the General Prosecutors' Office mentioned previously, a database was created for improving information exchange and monitoring investigations.

At inter-institutional level, a task force was created with the participation of representatives from all of the authorities involved, focusing on identifying the risks and priorities for this particular sector.

At the same time, ORDA, together with representatives of the private industries, organised the public destruction of counterfeit products confiscated by the authorities during common control actions (20 tons of counterfeit products, 70 000 video recordings, sound recordings and computer programmes in 2005 alone). These actions are intended to raise public awareness on the subject of authors' property rights and to educate the public in the spirit of compliance with the law.

The book industry

Currently, the main strategy for the book industry is focused on the first of 3 segments constituting the "book chain": editing, printing and distribution. In the last few years, this strategy was subjected to the most radical changing process, which still continues at present.

All the programmes and actions initiated in the book industry have 2 main objectives:

facilitating public access to information and culture; and
promotion of creativity and creators.

In this respect, the Ministry of Culture and Religious Affairs supports public access to written culture by carrying out the following priority programmes:

the national support programme for publishing books and cultural magazines; and
the national programme of book acquisitions by public libraries and Romanian cultural centres.

The promotion of written culture in Romania must be correlated with the promotion of Romanian work abroad. For this purpose, the programme for supporting these objectives aims to ensure the participation of publishers at specific exhibitions, festivals and international fairs.

Romania/ 4.2 Recent policy issues and debates

4.2.7 Employment policies for the cultural sector

The number of employees working in cultural institutions in Romania has decreased in recent years. However, data relating to free-lancers and self-employment, as well as employment registers are still inconsistent. In Bucharest, in 2004-2005, for instance, the number of employees in cultural institutions dropped by 800, leaving a total of 6 127.

Romania/ 4.2 Recent policy issues and debates

4.2.8 New technologies and cultural policies

The National Culture Fund is a new organisation for granting support to cultural projects, as well as the development of cultural activities. Through this Fund, development projects and the implementation of new technologies in cultural life should gain momentum. Cultural operators have been consulted in order to develop various focused policies. E-operators were also included in the planning and have been consulted regarding the initiatives included in the programme.

"Better off with a book" is a new strategy of the Ministry of Culture to increase reading levels. One of the programme's aims is to develop a nationwide IT network of public libraries that would include both rural and urban areas. This includes:

building the IT infrastructure;
creating digitalisation of the cultural heritage; and
e-knowledge.

Romania/ 4.2 Recent policy issues and debates

4.2.9 Heritage issues and policies

The strategy in the national cultural heritage field is targeted at the protection, conservation and restoration of goods that represent Romania's cultural heritage.

In the built heritage sector, the main issues are:

conservation and restoration: National Restoration Programme, approved by Ministerial Order no. 3044/2005;
development of central - local partnerships;
setting-up and development of other partnerships: inter-institutional (e.g. the partnership with the Ministry of Administration and the Interior - for the protection of national cultural heritage) or with international bodies such as UNESCO and WMF (World Monuments Fund);
use of historical monuments at the core of sustainable development at local level;
training for experts in the field;
illegal demolitions; and
urban regeneration and industrial heritage.

Regarding movable and intangible cultural goods, the main issues are:

finalising the inventory and classification of these goods;
digitalisation of museum collections;
ensuring the necessary protection for museum collections (e.g. anti-theft, air conditioning, etc.); and
development of heritage educational programmes for museums.

For more information, see
European Heritage Network: Country profile Romania

Romania/ 4.2 Recent policy issues and debates

4.2.10 Gender equality and cultural policies

The main issues in relation to gender equality were addressed in the National Strategy for Development. All employers in Romania should have, by law, non-discrimination policies, with regards not only to gender, but also race, ethnic origin, etc.

Various organisations, such as the World Bank, the UNDP, the Open Society Foundation, various NGOs, academic structures and policy-makers from Western Europe or the US have been actively involved in developing non-discrimination policies in Romania.

Generally, but not specifically, the cultural sector is included in the same framework. There are provisions regarding the cultural sector in Article 18 of Law no. 202/2002 on the Equality of Chances for Women and Men (amended by Law no. 501/2004). The National Council for Combating Discrimination, which was created by Governmental Directive (GD) no. 1194/2001, and amended by GD no. 1514/2002 and by Law no. 612/2002, has specific competencies in this field.

However, the lower level positions in cultural institutions are generally feminised. Women, mostly, tend to hold positions in the box office, museum supervision and maintenance in cultural institutions, which have low wages.

Romania/ 4. Current issues in cultural policy development and debate

4.3 Other relevant issues and debates

Information is currently not available.

Romania/ 5.1 General legislation

5.1.1 Constitution

Romanian legislation does not comprise a unique normative act to fully cover all areas of the cultural sector. There are specific regulations for particular areas of the cultural sector, covering the protection of historical monuments / cultural mobile assets, written culture, libraries, cinematography, copyright and related rights, concerts, theatrical and musical performances. Specific legislation has been recently adopted or, in the case of outdated acts, amendments were made or are under debate.

The principles found in the recently adopted regulations constitute guidelines to be followed in drawing up national cultural policies by the competent authorities.

The Romanian Constitution, amended in 2003, states in Article 33:

"(1) Access to culture is guaranteed by law.

(2) A person's freedom to develop his / her spirituality, and to get access to the values of national and universal culture, shall not be limited.

(3) The State must make sure that spiritual identity is preserved, national culture is supported, arts are stimulated, cultural legacy is protected and preserved, contemporary creativity is developed, and Romania's cultural and artistic values are promoted throughout the world."

Romania/ 5.1 General legislation

5.1.2 Division of jurisdiction

The Ministry of Culture and Religious Affairs (MoCRA) is the central authority responsible for drafting and implementing public policies via regulatory and non-regulatory methods.

Other institutions / bodies responsible for drawing up specific sector policies are:

in the film sector: MoCRA, together with the National Centre for Cinema - a public institution responsible to MoCRA;
in the audiovisual sector: the National Council for the Audiovisual Sector - an independent regulatory authority_;
in the intellectual property sector: the Romanian Copyright Office (ORDA) - under government authority and coordinated by MoCRA; and
in the national cultural heritage sector: MoCRA confers with the National Institute for Historical Monuments, the National Commission for Historical Monuments, the National Commission for Museums and Public Collections and the National Commission for Archeology.

Romania/ 5.1 General legislation

5.1.3 Allocation of public funds

The main financing bodies in the field of culture in Romania are MoCRA (through the granting of various subsidies to its own institutions), the Administration of the National Cultural Fund (through grant schemes and other support schemes), the National Cinema Council (through state aid schemes) and the local authorities (through specific subsidies and grant schemes).

The level of subsidies granted by MoCRA, for its own subordinated entities, are decided by MoCRA's College on the basis of the evaluation of the programmes implemented during the previous year and of the proposed managerial programme for the specified period and according to the yearly budgetary laws.

All the state aids and grants follow a classical open procedure, based on a transparent competition of projects and a peer review evaluation. The regulatory acts on this issue are: GO no. 51/1998 on the Improvement of the Financing System for Cultural Projects and Programmes, GO no. 10/2005 on some Financial Measures, GO no. 18/2006 amending GO no. 42/2000 on the Improvement of the Financing of some Sectorial Development Programmes initiated by MoCRA and GO no. 39/2005 on Cinema.

Law No. 500 of 11 July 2002, on Public Finance, CHAPTER IV, deals with the financing of public institutions:

Article 62 - The financing of public institutions

(1) The financing of the current and capital expenditure of public institutions shall be ensured as follows:

a) funded completely from the state budget, the state social insurance budget, or the budgets of the special funds, depending on each case;
b) funded from their own revenues and from subsidies granted from the state budget, the state social insurance budget, the budgets of the special funds, depending on each case; and
c) funded fully from their own incomes.

(2) The public institutions that are fully financed from the state budget, the state social insurance budget, or the budgets of the special funds shall transfer the total revenues raised to the budget from which they are financed.

Article 63 - Material goods and cash funds received from the public institutions:

a) the public institutions may use material goods and cash funds received from donations and sponsorship to carry out their work as long as they observe the legal provisions;
b) in the case of public institutions fully financed from the state budget, the cash funds received from donations and sponsorship (in accordance with the terms of paragraph 1) shall be paid in directly to the budget from which they are financed. The budgetary credits of the respective budget shall then be increased and shall be used according to the provisions of Article49 (1);
c) within 10 days from the end of each month, the main loan managers shall transmit monthly, to the Ministry of Public Finance, the statement regarding the amounts transferred to the budget and used according to paragraph (2), with a view to introducing the appropriate modifications in the volume and structure of the state budget, the state social insurance budget, or the budgets of the special funds;
d) with the cash funds from donations received according to the terms of paragraph (1), in the case of public institutions financed according to the provisions of Article 62 (1) b) and c), their income and expenditure budgets shall be increased. These institutions are obliged to submit, in the annex to the quarterly and annual budgetary accounts, a statement of the amounts received and used on these terms and by which the income and expenditure budget was increased; and
e) the material goods received from the public institutions according to the terms of paragraph (1) is registered in their accounts.

Article 64 - The financing of certain public institutions

The financing of certain public institutions may be ensured both from the state budget and from the local budgets, only in the cases when, by the annual budgetary law or by special laws, the categories of expenditure which are financed by each budget shall be established.

Article 65 - The revenues of the public institutions

the raised incomes of the public institutions, financed according to the terms of Article 62 (1) b) and c), shall be cashed, administered, used and recorded in the accounts according to the legal provisions.
the raised incomes of the public institutions, financed according to the terms of Article 62 (1) b) and c), shall be obtained from rent, organisation of cultural and sports events, artistic competitions, publications, editorial services, studies, projects, products from their own activities, service provisions etc.

Emergency Government Ordinance no. 45/5.06.2003 on local public finance Article 63 - on the financing of public institutions:

1) the financing of current expenditure and of capital expenses of public institutions shall be ensured as follows:
a) fully from the local budget;
b) from their own income and subsidies granted from the local budget; and
c) fully from their own income.
2) the public institutions fully financed from the local budget shall pay the income achieved into this budget.

Article 64 - The income of public institutions:

the income of public institutions, financed under the conditions of Article 63 (1) b) and c), shall be collected, administered, utilised and published according to the legal provisions; and
the income of the public institutions' budgets, financed according to Article 63 (1) b) and c), shall be raised from the provision of services, rent, cultural and sports events, artistic competitions, publications, publishing services, studies, projects, capitalisation on products from their own or related activities etc.

ANNEX 2 - List of expenditure provided by local budgets of communities, towns, municipalities, Bucharest Municipality's sectors and the General Council of Bucharest Municipality

Culture, religion and actions regarding sports and youth activity:

public county libraries;
museums;
theatres and professional institutions for shows and concerts;
popular art schools;
conservation and tradition and popular creation development centres;
religious groups;
sports activities; and
other institutions and actions regarding culture, religion and sports and youth activities.

Romania/ 5.1 General legislation

5.1.4 Social security frameworks

General legislation applies in this field. There are no specific social security schemes for the cultural sector in Romania.

For more information, see our Status of Artists section.

Romania/ 5.1 General legislation

5.1.5 Tax laws

There are provisions regarding the cultural sector in the Fiscal Code and in Law no. 87/1994 on Combating Fiscal Evasion.

Law No. 571/2003, "The Fiscal Code" states:

Article 15 - Exemptions

2) the non-profit organisations, trade unions and employers' associations are exempt from the payment of tax on the following types of incomes:

k) incomes obtained from advertising and publicity, which are raised by non-profit organisations of public utility, according to the laws on organisation and operation, in the field of culture, scientific research, education, sport, health, as well as by chambers of commerce and industry, trade unions and employers' associations.

Article 117 - Exemptions from the tax provided in this chapter

The following incomes shall be exempt from tax on incomes raised in Romania by nonresidents:

d) prizes won by non-residents as a result of participation in national and international artistic, cultural and sports festivals financed from public funds;

Article 141 - Exemptions for operations inside the country

k) provision of cultural services and delivery of goods closely related to services provided by public institutions or by non-profit cultural organisations; and

m) the specific activities of the national public TV and radio stations, except for publicity / advertising and other commercial activities.

Article 210 - Exemptions

1) the following shall be exempt from the payment of taxes:

c) any imported product, obtained from donations or directly financed from unredeemable loans, as well as scientific and technical cooperative programmes, granted to educational, health and cultural institutions, ministries, other public administration bodies, employers' associations and trade union representatives at the national level, associations and public foundations, by foreign governments, international organisations and non-profit and charity organisations;

Article 285 - Exemptions and facilities for legal entities

1) the tax on buildings, the tax on land, the fees on means of conveyance, the fees for the issuing of certificates, advisory opinions and authorisations, as well as the other local fees, provided in Article 282 and Article 283, shall not apply to the following:

a) any institution or unit which operates under the coordination of the Ministry of Education, Research and Youth, with the exception of premises used for economic activities;

b) foundations established according to law for the purpose of maintaining, developing or assisting the national cultural institutions, or supporting activities with a humanitarian, social or cultural character.

Romania/ 5.1 General legislation

5.1.6 Labour laws

There are no current trends towards a more flexible employment policy, since security of employment is still seen as a priority for both policymakers and stakeholders in general. However, the system of salaries for civil servants and employees in the public cultural sector is completely unified and standardised. Collective bargaining agreements are regularly used when negotiating contracts with state-run cultural institutions.

There are no specific provisions concerning the involvement of volunteers.

For more information, see our Status of Artists section.

Romania/ 5.1 General legislation

5.1.7 Copyright provisions

In December 1996, Romania signed the Final Act of Geneva's Diplomatic Conference for the conclusion of the WIPO Treaty on authors' rights and for the WIPO Treaty on interpretation, execution and sound recordings. The following laws are relevant in this section:

Law no. 77/08.04.1998 on the Berne Convention - Paris Act (1971) on the Protection of Artistic and Literary Creations;
Law no. 78/08.04.1998 on the Geneva Convention (1971) on the Protection of Sound Recording Producers Against Unauthorised Reproduction of their Work;
Law no. 76/08.04.1998 on the Rome Convention (1961) on the Protection of Artists, of Sound Producers and Broadcasters; and
Law no. 8/1996 on Copyright and Neighbouring Rights (amended by Law no. 285/2004, by EGO no 123/2005 - currently under parliamentary debate) and GO 25/2006 - on the Reinforcement of the Administrative Capacity of the Romanian Office for Author Rights.

Romania/ 5.1 General legislation

5.1.8 Data protection laws

Audiovisual Law no 504/2002 regulates data protection in relation to journalists' nondisclosure of sources and the protection of a source's privacy. Thus, the main principle of protection has a double aim (Article 7-1 and 7-2): it protects the confidentiality of information sources of any "news and broadcasted programmes, including other elements of broadcasting" (Article 7-1) and allows a journalist "not to disclose identification data of the information source" used in professional circumstances (Article 7-2).

Personal data is defined by Article 7-3 as any identification data such as the name, voice and image of a source / journalist or broadcaster (in the case of "hidden camera" inquiries) or the circumstances of communication of information provided under anonymity.

The protection principle is limited and balanced, however, by the responsibility of the journalist / broadcaster, who must be able to prove that the information disclosed by protected sources is honest and true (Article 7-4).

The protection of personal data in these circumstances can only be over-ruled by a Court decision, either relating to national security or on public order grounds or if this proves to be absolutely necessary (when there are no alternatives or there is a legitimate interest for disclosure- Article 7-6, a and b).

Romania/ 5.1 General legislation

5.1.9 Language laws

Law no. 504/2002 (Article 17 d) entitles the National Audiovisual Council to "issue, within the frame of the current law, any regulatory decision (...) concerning the monitoring of the correct use of the Romanian language and of the languages of national minorities". It also grants the right to minorities to benefit from free broadcasting of programmes in the language of the community, if the minority exceeds 20% of the population in a given administrative unit (see also chapter 4.2.1 and chapter 4.2.2).

Romania/ 5.2 Legislation on culture

GD no. 78/2005 on the Organisation and Functioning of MoCRA;
Government Programme - Chapter 22: Policy in the cultural field;
MoCRA Strategies; and
the National Development Plan 2007 - 2013.