The Current Context of Gold-Silver Mining Projects in Romania – Legal Continuities and Dysfunctions

Abstract

Starting from some of the most representative case studies in the Apuseni Mountains, respectively Rosia Montana, Certej and Rovina, the article examines the legal framework and administrative practices applicable to gold-silver mining projects in Romania, from an integrated technical-legal perspective. The central hypothesis of the research is that the major bottlenecks of these projects do not derive exclusively from technological solutions or environmental impact assessment, but from the accumulation of legal vulnerabilities from the early stages of the authorization chain. The analysis highlights the existence of structural continuities and recurring dysfunctions in the management of mining concessions, with direct effects on the legality, predictability and sustainability of projects. Through comparative reference to the three analyzed projects, the article proposes the concept of cumulative legal vulnerability, understood as a process through which the initial deficiencies regarding the license, urban planning, environmental assessment, heritage protection and institutional coordination are progressively amplified and become sources of administrative litigation. The practical implications of this model consist in the need for an integrated ex ante verification of the legal compatibility of mining projects, so that future investments are not assessed in fragments, but as a coherent procedural whole, capable of reducing litigation and enhancing legal certainty.