Study on expert status in the european judicial system

• Author: Gheorghe Popa - Ionel Necula
• Position: Romanian-American University, Bucharest, Romania - National Forensic Science Institute, Bucharest, Romania
• Pages: 161-168

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 3 (2013), pp. 161-168

161

STUDY ON EXPERT STATUS IN THE

EUROPEAN JUDICIAL SYSTEM

Gh. Popa, I. Necula

Gheorghe Popa

Romanian-American University, Bucharest, Romania,

*Correspondence: Popa Gheorghe, 1B Expoztiei Blvd., Sector 1, Bucharest, Romania

E-mail: popa_gheorghe1959@yahoo.com

Ionel Necula

National Forensic Science Institute, Bucharest, Romania,

*Correspondence: Ionel Necula, National Forensic Science Institute, 13-15 tefan cel Mare

St., Sector 2, Bucharest, Romania

Abstract

In some European countries, expert status is defined by the legislation, whereas, in

others, by the membership of a professional group or specialized institution under the

Ministry of Justice and Police, this subordination being of a financial nature, without

affecting the expertise itself.

This article contain a point of view regarding the European judicial system, the term

expert’s different meanings and the criteria that define an expert’s status and which are

different from one state to another.

Keywords: expert, status, system, European juridical system

Introduction

Previously, in 1959 the European Convention on Mutual Assistance in Criminal

Matters had dealt with this matter quite summarily and only in relation to criminal matters

(letter rogatory requests for expert examination, summoning experts).

The issue of forensic experts is currently being considered at the level of the European

Network of Forensic Science Institutes (ENFSI) with a view to setting up a European expert

status, governed by a process of accreditation and validation in accordance with ethical

standards and rules of conduct

1

.

I. In some European countries, expert status is defined by the legislation, whereas, in

others, by the membership of a professional group or specialized institution under the

Ministry of Justice and Police, this subordination being of a financial nature, without affecting

the expertise itself.

Thus, there are several types of experts involved in solving cases. Some of them

belong to specialized laboratories, others are independent experts enrolled or not on national

lists who are subject to regular assessments or they are only qualified people, not experts in

the strict sense.

In some European countries (France, Romania, United Kingdom, etc.), the expert

status is granted by an independent institution, either through recognition by the judiciary, by

meeting certain criteria, or through inclusion on an official list/nominal table. For example, in

1

Code of Conduct for forensic practitioners developed at the level of ENFSI, “CODE of CONDUCT” (BRD-

GEN-003/16.6/2005).