Legislative aspects at national and international level regarding the exploitation of gold-silver deposits

University of Petrosani, Doctoral School, 20 University Street, Petrosani, Romania

^* Corresponding author: paul.grigorescu@yahoo.com

Abstract

In Romania, mining is a historical, traditional occupation, attested since antiquity, when the Romans came here to extract gold and other base metals from the underground mines in our mountains. The exploitation of gold and silver deposits is still important for the economic and social development of the country. Generally, these ores are essential for modern life, so their exploitation must be regulated so as to respond effectively to these needs. Legislation in this field has an important role in promoting and supporting the exploitation of gold and silver deposits. Nationally, the mining activity is regulated by the Mining Law no. 85/2003, a law which, from my point of view, does not effectively ensure the mechanisms on the basis of which the capitalization of mineral resources should be done as smoothly as possible. At European Union level, the legislation contains a wide range of obligations and rights regarding the mining of natural resources and deposits, which the competent public authorities in the Member States must enforce. In countries with tradition in the field of gold-silver mining, the laws referring to the extractive sectors are developed in accordance with the interests of the citizens. This system provides sufficient opportunities for civil society participation in decision-making. This paper identifies the main legislative aspects that can be improved to create a fair legal framework for the exploitation and capitalization of precious metal deposits in Romania.