The discretionary activity consists in taking a subjective decision, its final decision is to undertake and accomplish various actions according to one’s own will. It is characteristic to any field of activi- ty. Discretion has a special role in juridical activity. It contributes to the realization and protection of subjective rights, permits the sides of juridical relations to regulate the disputed situation, taking into consideration their will. The liberty to choose an optimal decision is generated by the norm of law, by the normative act put in application. The totality of factors of the material and procedural juridical norms, permitting the law subjects to take a legal, just, equitable decision, according to their will, left by the legislator to their free choice constitute the „discretionary law”.