BABES-BOLYAI UNIVERSITY IN CLUJ-NAPOCA

LAW SCHOOL

THE LEGAL PROFESSION

IN ROMANIA

Student,
Mihai Otlacan
1st year, ID

The Romanian legal system is a civil law system and the following legal professions are
practiced:
1)
2)
3)
4)
5)
6)
7)
8)

prosecutors;
judges;
lawyers;
legal advisers;
public notaries;
judicial enforcement officers;
clerks of court and regular clerks
bailiffs

PROSECUTORS
The prosecution is the legal party responsible for presenting the case in
a criminal trial against an individual accused of breaking the law.
In Romania, there are two categories of prosecutors:
a) civil prosecutors, responsible for investigating and prosecuting criminal
offences committed by civilians;
b) military prosecutors, responsible for investigating and prosecuting criminal
offences committed mainly by military personnel.
The national categories of prosecutors are the following:

Prosecutor-General of Romania (head of the Prosecutors Office attached to the

High Court of Cassation and Justice);

Chief Prosecutor (head of the DNA and the DIICOT);

head prosecutors (heads of the prosecutors offices attached to courts of appeal);

first prosecutors (heads of the prosecutors offices attached to tribunals or district

courts);

heads of section (heads of internal sections of prosecutor's offices);

heads of department (heads of internal departments of prosecutor's offices);

heads of office (heads of internal offices of prosecutor's offices);

Prosecutors

JUDGES
In Romania, judges specialized in the following categories of cases:

civil and civil enforcement cases;

criminal and criminal enforcement cases;

commercial cases (bankruptcy judges);

cases under family and children's law;

administrative and fiscal/financial cases;

cases involving labor disputes and social insurance;

constitutional cases;

military cases;

LAWYERS
According to the Romanian Law, the Romanian Lawyer provides for his/her clients the
following services:

Provides legal information and consulting regarding the client's case - Legal

consultant
Provides legal opionions
Appears in the courts to assist and reprezent the client - Barrister
Can collaborate with a firm to help settle legal matters - Legal adviser
Advices on legalizing and drafting agreements, bussiness documents, contracts,

official documents or other documents used by companies or individual persons

Appears in the courts to assist defendants who would otherswise be unrepresented
- Duty solicitor

Romanian lawyer is member of the following associations:

Romanian Lawyer Association (Uniunea Nationala a Barourilor din Romania)

The Bar (Barou)

LEGAL ADVISERS
Under the law, legal advisers may form county-level associations, by sector or area of
activity according to their professional interests, or, where applicable, national
associations, subject to the law on associations and foundations. One of the professional
associations set up in accordance with the law on associations and foundations is the
Union of Romanian Associations of Legal Advisers (UCCJR). This Union includes all the
associations of legal advisers in all counties. Legal advisers may also form other
professional associations.
PUBLIC NOTARIES
In Romania, notaries public provide the following legal services:

drawing up the necessary documents for legal and testamentary succession;

concluding contracts (sales contracts, exchange contracts, maintenance contracts,

donation contracts, mortgage contracts, pledge/pawn contracts, leasing contracts,
rental contracts) and other acts (guarantees requested by various institutions from
their administrators);

drawing up articles of association for companies, associations and foundations;

authenticating documents;

certifying signatures, signature specimens and seals;

any other services provided for by the law

JUDICIAL ENFORCEMENT OFFICERS

The Romanian National Union of Judicial Enforcement Officers (UNEJ) is a professional
body with legal personality comprising all judicial enforcement officers. It is responsible
for preserving the standing and authority of the profession of judicial enforcement officer.
Its main mission is to represent and defend the professional interests of its members.

Judicial enforcement officers are grouped in 15 chambers, each of which is attached to

the relevant court of appeal.
CLERKS OF COURT AND REGULAR CLERKS
The Romanian judicial system has several categories of clerks of court:

hearing clerks;

statistician clerks;

research clerks;

IT clerks;

archiving clerks;

registrar clerks

Regular 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.
BAILLIFS
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 pursue their activity in private offices. Their duty
is to ensure the enforcement of judgments, as well as of other writs of execution.