CONSTRUCŢIA LEGISLATIVĂ COERENTĂ – CONDIŢIE SINE QUA NON A DEZVOLTĂRII TURISMULUI
COHERENT LEGISLATIVE CONSTRUCTION - A SINE QUA NON CONDITION FOR TOURISM DEVELOPMENT

Summary/Abstract: Through The present article we propose to bring into attention the theory of sustainable development in tourism, invoking also the necessity of a coherent legislative constructions in the field. We point out that although there is no legal basis in the EU treaties for a common politics in the field of tourism to focus on the pillar “tourism ‒ as a branch of activity”, The Maastricht Treaty has provided for the first time measures in the field of tourism in the activity list that will beneficiate of the communitarian support. It is presented the general actual frame of the tourism legislation in Romania and it is underlined the fact that although according to the Rule established by the art. 1 from O.G. 58/1998 regarding the organization and the development of tourism activity in Romania “the tourism represents a priority field of the national economy”, the tourism law – declared “zero priority” by the successive ministers to lead the relevant ministry, remained at the project stage. At the same time, the incoherence in transposing the EU Directives into national legislation is relevant, being invoked the Pilot File EU 7052/14/JUST opened by the European Committee who notified Romania for remedying as soon as possible the problems related to the insurance system. Instead of conclusions, we believe that it is necessary for decision makers to be aware that without a coherent legislative and institutional construction, the sustainable development of tourism remains at the level of a simple utopia.

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