On the History of the Obligation to Establish Public Cemeteriesin Every Romanian locality

The Romanian Law No. 489 of 28 December 2006 on freedom of religion and the general regime of religious denominations provides expressis verbis that local public administration authorities have the obligation to establish communal and city cemeteries in each locality. Likewise, according to Law No. 102 of 8 July 2014 on cemeteries, human crematoria, and funeral services, local public authorities are obliged to establish public cemeteries in each locality. However, in Romania, there are even towns (not only villages) that do not have public cemeteries. Therefore, the present study aims to analyse the history of the obligation to establish public cemeteries in every locality and the impact of its non-execution. The main conclusion drawn from the analysis carried out is that the local government authorities’ lack of reaction to their legal obligation has an impact on the right to determine one’s funeral arrangements. This in turn requires a reaction of the legislator to find a normative solution that ensures the effectiveness of the right to determine one’s funeral arrangements without the deceased having to leave their family or even their hometown after death to find eternal rest elsewhere.