Extrajudiciary Technical Experts and Consultants' Society and the standard on which is based.

Petrescu, Ligia ; Marin, Gheorghe

1. INTRODUCTION

The Extra Judiciary Technical Experts and Consultants' Society from Romania has a great purpose according to the status of the Romanian technical expert and work this period to realize the Professional Standard for this activity. The term expert is frequently used but the Romanian legislation introduced the occupation of extra judiciary technical expert in the Occupations Cod of Romania only in 2005, position 241801, like answer to the efforts of our society and with the next definition: The extra judiciary expert is a specialist in technical field who draws up extra judiciary technical expertise reports with the purpose to establish and to specify some "fact circumstances", who analyses the technical and economical aspects of an organization, with regard to reorganize, to develop or to improve the production or commercial proceedings and who draws up extra judiciary technical and economical expertise reports for third person/party (Brown, S. 2001). The expertise activity, judiciary end extra judiciary, is materialized in the expert's report or report of expertise.

The expert is one who has acquired special skill in or knowledge of particular subjects through professional training and practical experience. The term expert is used to describe highly experienced professionals, but has been expanded to include any individual who attained their superior performance by instruction and extended practice.

2. THE EXTRAJUDICIARY EXPERTISE IN EUROPE

2.1 The expertise in Great Britain

* English dictionary: the expert is a person who has extended knowledge and abilities in a given field.

* The British legislation: the expert is the person whose personal practical experience in a given field allows him to be qualified to use proofs, to formulate conclusions and to give an impartial opinion.

* Experts' instruction begins from their base profession. The association Experts' Academy organizes courses for the expertise report drawing up, for the proofs collection and analysis, for the proofs and conclusions supporting.

* There is no recognized standards and formal attestation for the experts' activity.

2.2 The expertise in France

* The expert is a professional who is specialized in a certain technique.

* He is named by the instance.

* The Court of Cassation and the Court of Appeal establish every year the experts' list.

* The expert makes an oath for registration, accepts given missions and draws up reports of expertise.

* 25 years ago was created The France National Committee of Experts

2.3 The expertise in Germany

* There is no legal definition for the expert.

* Everyone who accomplishes the main conditions of knowledge, who proves personal integrity, who has financial and personal independence, can practice the expert profession.

* There is no law to establish the expert profession, but there are some authorized institutions to attest experts. These institutions are established by the industrial, or commercial sector, or by the professional associations.

* There are many types of experts in Germany:

** Experts certified by public institutions and attested by the Chamber of Commerce, by the Chambers of Artisans, and by the professional associations of engineers and architectures.

** Experts who realize inspections and supervisions workings requested by the law.

** Experts recognized by the private associations.

** Experts certified according to the European norm EN 45013.

* The newest system to attest experts is based on the European norm EN 45013.

2.4 The expertise in European Union

The organization EURO EXPERT is a non profit organization which objectives are:

** To develop, to promote and to converge the professional and ethical standards for the European Union Experts, based on the next principles: height qualification, personal integrity, independence, impartiality, objectivity and the confidentiality respect.

** A contact element between the experts and the European Union institutions.

** Cooperation and relationship with governmental authorities, publics and private organizations.

** A forum for the whole world experts.

The founding members are: France, Germany and Great Britain. The European Court of Justice can name like expert, every physical or juridical person, authority, comity or organization. The European Court of Justice names the expert, define the mission and establish the dead line for the expertise report.

3. THE CONTINUOUS EDUCATION FOR EXPERTS

It is important to know that The General Association of the Engineers of Romania (AGIR) is member of WFEO--World Federation of Engineers Organizations from 1990 and of IACEE--International Association of Continuous Engineering Education from 1992 (Greavu et al., 2005).

The activity of continuous engineering education by courses for extra judiciary technical experts and consultants is organized in the followings steaps (Fig. 1.):

[FIGURE 1 OMITTED]

The activity to form new extra judiciary technical experts was assumed by our Extra Judiciary Technical Experts and Consultants' Society, member of AGIR, by organized courses for engineers with minimum 5 years of experience. The title of extra judiciary technical expert can be obtained by exam which verifies the professional qualification, the level of knowledge of the normative acts (Bolos, C. & Leaua, C. 2002) referring to his specialty and with some other conditions:

a. Is a Rumanian citizen and knows very well the Rumanian language;

b. Has a full capacity of discharge and judgment;

c. Is an university certificated graduate in the specialty in which wants to practice like expert and consultant;

d. Has minimum 5 years of experience in the specialty in which wants to practice like expert and consultant;

e. Is medically able to practice the expert activities;

f. Has not penal antecedents and has a good professional and social name;

g. Graduates with exam the course for extra judiciary technical experts and consultants.

All the graduated experts are accredited by the Office of Experts Certification--CERTEXPERT, member of The General Association of the Engineers of Romania.

4. THE OCCUPATIONAL STANDARD FOR EXTRAJUDICIARY TECHICAL EXPERTS AND CONSULTANTS

The realization of the Professional Standard for the activity of the extra judiciary technical experts was assumed by the Extra Judiciary Technical Experts and Consultants' Society from Romania (Greavu et al., 2005), (Radaceanu, E. 2001). According to the protocol to establish an occupational standard, such activity begins with an occupational analyze, what he represents, what he must know and what he must do. He must demonstrate fundamental, general and specific competences (Fig. 2).

[FIGURE 2 OMITTED]

5. CONCLUSION

The expertise activity and the quality of the accepted experts and their reports are based on a sustained effort to improve the education, the continuous education, the standards and the laws which manage the domain. The international associations of experts try to generate a common program for all European countries to develop the expertise activity, and our society is part of it, and represents our future research plans.

6. REFERENCES

Bolos, C. & Leaua, C. (2002). Calitatea--norme si legislatie (Quality--norms and legislation), Petru Maior University Publisher, ISBN 973-8084-61-x, Targu Mures.

Brown, S. (2001),La gestion de la relation client, CRM (Customer Relationship Management), Pricewaterhouse Coopers, village Mondial Press.

Greavu, V.; Popa, D. et al (2005). Expert thnic extrajudiciar (Extrajudicial technical expert), AGIR Publisher, ISBN 973-720-026-8, Bucuresti.

Petrescu, L. (2005), Some modern ideas in sciences teaching, Proceedings on The International Conference On Engineering Graphics And Design, ISBN 973-648-471-8, Bucuresti.

Radaceanu, E.(2001). Management, BREN Publisher, ISBN 973-8143-66-7, Bucuresti.