CLASAREA ȘI DECLASAREA MONUMENTELOR ISTORICE. ANULAREA ACTULUI ADMINISTRATIV DE CLASARE ÎN PROCEDURA CONTENCIOSULUI ADMINISTRATIV.

The procedure for classifying a historical monument is the procedure by which a building is classified as such and placed in the categories provided for by the Law No 422/2001 on historical monuments. The normative act regulates both the way of ranking, i.e. the inclusion of a building in the list of historical monuments, and the way of declassification, i.e. the removal of a building from this list. The list of historical monuments can be found on the website of the Ministry of Culture, and it is divided by each county in Romania. It is, in theory, periodically updated, depending on the proposals for the classification or declassification of the historical monument. The last update was made by Order of the Minister of Culture and Religions No 2828/2015 regarding the amendment of the Order No 2314/2004 regarding the List of Historical Monuments. The classified buildings are entered in the list with a personal identification code, expressly mentioning the concrete address of each one. Although, apparently, all the buildings provided in this list have been classified correctly, there are many situations in which either errors are made regarding the administrative number in which the building in the list is located, or the building itself does not fall into the category of historical monuments, as defined by the Law No 422/2001. In such a situation, the removal of a building from the list of historical monuments can be carried out within an administrative procedure, at the proposal of the County Departments of Culture or, otherwise, through an action in administrative litigation seeking to annul the administrative act by which the classification of the building was approved. In the present study, we will briefly analyze the classification and declassification procedure of historical monuments, making direct reference to a concrete case in which an error was made regarding the registration of two buildings on the list of historical monuments. [ABSTRACT FROM AUTHOR]