Florica Brașoveanu
DOI: 10.2478/ouacsce-2025-0008
Pages: 73 – 85
Abstract – The article examines the legal regime of archaeological heritage grounded in the specific nature of archaeological knowledge and from the relationship between artefacts and ecofacts, within an integrated approach to cultural and natural heritage. It clarifies the meaning of the notion of archaeological heritage, understood both as a documentary legacy and as a fragile public-interest resource situated at the intersection of civil law, cultural heritage law, and environmental law and policy. The archaeological endeavour is presented as a complex scientific process, ranging from the definition of objectives and diagnostic assessments to excavation, sampling, conservation, recording, and dissemination, the conduct of which shapes the content and effectiveness of legal protection mechanisms. On this basis, the study explores the general legal regime governing archaeological discoveries and archaeological research in Romanian law, with emphasis on preventive archaeology, the archaeological discharge procedure, the delimitation of areas containing identified heritage, and the role of public authorities.
Finally, it summarises the main relevant international instruments (UNESCO, Council of Europe), which underpin the concept of integrated conservation and recognise archaeological heritage as a collective good whose protection requires both state responsibility and cooperation among archaeologists, urban planners, and communities.
Keywords – archaeological heritage, cultural heritage protection, integrated conservation, preventive archaeology.
