After the Declaration of Independence concrete steps have been undertaken at the legislative level, an practical ones, to integrate in the European space, where the law as a general human value, the man with his legal rights and interests, are the most important. It is not enough to make declarations and to adopt laws in this sense. Mechanisms to truly protect the human rights are needed, new specialists in various domains are required, first of all in the law and judiciary bodies, capable to run these new tools in order to really do justice. One of these tools, instruments, new methods is the „discretionary right”, „discretionary power”.