BABES-BOLYAI UNIVERSITY IN CLUJ-NAPOCA

LAW SCHOOL

THE LEGAL PROFESSION

IN ROMANIA AND IN THE USA

Student,
Mihai Otlacan
1st year, ID
2nd semester

Romanian law school graduates can have the chance to occupy one of the
following positions: magistrate (prosecutor, judge), lawyer (counsel, litigator), legal
advisor, public notary, bailiff (judicial executor) and clerk. Below you can find a
presentation of each of the above mentioned professions in Romania and the legal
professions in the USA.
Magistrates (judges and prosecutors)
In order to become a magistrate, a Romanian law graduate must pass the
admission exam to the National Institute of Magistracy and graduate the courses of this
institute. Public Prosecutors. In Romania the responsibility of criminal prosecution lies
with The Public Ministry, which is entitled to conduct criminal prosecution and supervise
the criminal investigations carried out by the police.
The Public Ministry attempts to deter criminal acts, including organized crimes,
and also files claims before the courts in criminal matters. The powers of The Public
Ministry are discharged through public prosecutors and public prosecutors offices.
Romanian prosecutors can work for the civil prosecution system (responsible for the
investigation and prosecution of offences and crimes committed by civilians) or the
military prosecution system (responsible for the investigation and prosecution of offences
and crimes committed in general by military personnel). According to the Constitution of
Romania, the Public Ministry exercises its powers through prosecutors who are
constituted in public prosecutors offices which are attached to the courts of law. In
Romania there are four large categories of courts of law: courts of first instance, tribunals
(including family tribunals, juvenile tribunals and military tribunals), courts of appeal and
the High Court of Cassation and Justice. Besides these courts, one has to mention the
Constitutional Court which has special powers as provided by the fundamental law of the
Romanian State. The Romanian prosecution system includes two important departments
(directorates):
The National Anticorruption Directorate and The Directorate for Investigating
Crime and Terrorism. The former one has special powers related to the investigation and
prosecution of corruption cases (such as, e.g., bribery, influence peddling, blackmail,
abuse of power against public interests, fiscal evasion) and the latter deals with cases of

terrorism and organized crime. The military prosecution system is conducted by the
military prosecutors offices, which are attached to military tribunals. According to the
Constitution of Romania prosecutor are bound to observe the principles of legality,
impartiality and hierarchical control. They must observe and protect human dignity and
the fundamental rights of the citizens. The Constitution of Romania also provides that
The Superior Council of Magistracy is responsible for the promotion, transfer and
dismissal of any magistrate, as well as for settling cases of indiscipline that involve
magistrates.
Judges
Judges play the central role in the judgment of any case for they return the verdict
and pass the sentence. During the judgment of a case judges have to decide whether the
evidence is admissible or inadmissible, they have to hear witnesses, keep order in court
and, above all, ob-serve the law. The Romanian Constitution states that judges are
independent. This means that they enjoy special protection. Their task is to obey the law
and adopt fair decisions. In Romania there is no jury to help judges try a case. Romanian
judges are appointed by the President of the state and they are supposed to be
irremovable. However, in order to become a judge a law graduate must pass the
admission exam to The National Institute of Magistracy and successfully graduate the
courses of this institute. Afterwards judges specialize in different matters: civil, criminal,
constitutional, commercial, military, intellectual property, fiscal etc. The Constitution of
Romania sets forth that The Superior Council of Magistracy is responsible for the
promotion, transfer and dismissal of judges (if he/she is accused of indiscipline.
Lawyers
This liberal profession is regulated by Law no. 51/1995. Most of the lawyers pursue
their professional activity in private firms or offices. They play a key role in solving a
case for it is them who represent and defend clients before courts. Citizens who do not
afford to pay a lawyer to represent them in court are granted a lawyer ex officio. The
lawyer's profession is regulated by The National Union of the Romanian Bars. The main
roles played by this institution are: ensuring the exercise of the right to defense,
profession-al conduct on the part of its members, as well as protecting the dignity and
honor thereof.
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Legal advisers
The profession of judicial counselor is regulated by The Union of the Judicial
Counselors Colleges in Romania.
Public Notaries
The professional activity pursued by public notaries is regulated by Law 36/1995 on
public notaries and notary activity. Romanian public notaries are members of The
National Union of Public Notaries, which safeguards and defends their members
professional interests, reputation and authority. Public notaries provide various legal
services: they draw up wills and contracts validate the legal value of certain documents
(certificates and diplomas) and prepare documents that are necessary for setting up firms,
organizations, foundations etc.
Bailiffs
Bailiffs are constituted in a professional organization, which is known as The National
Union of the Judicial Executors from Romania and which safeguards its members
professional interests and defends the reputation thereof. The profession of a bailiff is
regulated by Law no. 188/2000.Bailiffs pursues their activity in private offices. Their
duty is to ensure the enforcement of judgments, as well as of other writs of execution.
Clerks
The training of clerks is ensured through the National School of Clerks. In Romania there
are different types of clerks: court clerks, research clerks, statistician clerks, IT
specialized clerk, archiving clerk and Registrar clerks.
The hard system of law of the USA, typically substantial position of legal regulation of
existence of a society, predetermine an exclusive place of legal estate in comparison with
other professional groups from other law system, especially from continental Europe.

In the USA is (all information in a note -- on the finish of 1990th years) about 986
thousand lawyers, the mind-boggling which vast majority have passed the admission in
legal occupation and hold a patent the lawyer -- a necessary condition for any type of
sensible activities of the attorney only for scientifically-teaching work there is no
necessity for the attorney patent though several attorneys-scientists in the starting of the
career prefer to undergo admission method in legal profession.
All legal estate can be broken into 3 categories: the attorneys-professionals which are
engaged in function, straight linked with the proper individuals with the diploma of the
lawyer, carrying out functions, it is direct with the right not connected the attorneys who
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Steven

Stamkos

Jersey.

From the very first class of lawyers the greatest skilled group -- privately training
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Legal advisers of the companies which are normal employees obtaining wages of legal
providers of enterprise units are allocated by all powers of attorneys they make far more
than 10 % from total quantity of attorneys Lightning Jerseys. Numerous public
organizations with the corporation status, that is the legal person have the attorneys also.
For instance, broad popularity in company of protection of the rights of black citizens
was acquired by Legal fund of National association of support to growth of the black
population. Becoming originally legal consultation support of this public organization,
the fund has extended and these days occupies independent place in relation to it.
The massive group lawyers of official bodies -- regular employees legal consultation
companies of departments of executive power, administrative agencies, neighborhood
authorities, a legislature, and also employees and heads of bodies state type costs Dwayne
Roloson Jersey, lawyers of departments "public defenders" which exercise is paid from
the state spending budget. Police officers and bodies the investigations even possessing
the diploma of the attorney, under the requirements accepted in the American legal estate,

are not considered as lawyers however staff of their legal solutions (in FBI, for
illustration, is personal legal consultation division) are considered as lawyers. The biggest
state "legal firm" is the Ministry of Justice, managed "the primary attorney" the
governments -- basic the USA. In total in public services the lawyers producing 15 %
from all number of lawyers, that is the persons who are holding a patent and powers of
the lawyer (from them one third -- in the federal ministries and departments) perform.
The separate section in group of the attorneys who are engaged in useful routines, is
manufactured by judges. On judicial posts lawyers from amongst the persons possessing
useful knowledge of legal work in legal profession, organization, legal services of the
state departments, bodies of the state charge, or from between skilled and authoritative
professors of the appropriate come. Federal judges 1200 persons, judges of states and
local -- about thirty thousand are nearby.