Commentary On The Law On Military Security Agency And Military Intelligence Agency Cover Image

Kritički Osvrt Na Zakon O Vojnobezbednosnoj Agenciji I Vojnoobaveštajnoj Agenciji
Commentary On The Law On Military Security Agency And Military Intelligence Agency

Author(s): Predrag Petrović
Subject(s): Law, Constitution, Jurisprudence
Published by: Beogradski centar za bezbednosnu politiku
Keywords: military security agencies; VBA; VOA; security-intelligence services; security-intelligence system of Serbia; parliamentary oversight; financial transparency; citizens’ rights; preventive wiretapping; efficiency; effectiveness.

Summary/Abstract: Adopting the law regulating the military security-intelligence agencies serves, another gap is bridged in the security-intelligence system of Serbia, created by its partial regulation in 2007. This Law has amended the deficiencies of the previous Law on Security Services of the FRY pertaining to the effectiveness and efficiency of the operations of the Military Security Agency (VBA), so it now exercises special investigative powes predominantly with regard to prevention. Thus the VBA was given back one of the instruments for carrying out one of the principal functions of a security-intelligence agency – prevention. Nevertheless, what causes concern is that certain solutions in the Law are mildly disrupting the juxtaposition of the civil-military relations, at the expense of democratic and civil control. Thus the Parliament has no competence in the process of appointing the Director and Inspector General of the military agencies; at the moment only the military may be Directors of the agencies; citizens have no right to have access to information if special investigative measures have been directed at them; and the financial transparency of the military agencies is also questionable. The aforementioned deficiencies represent backsliding as compared to democratic principles and standards incorporated in the Law on Security Services of the FRY.

  • Issue Year: 2009
  • Issue No: 15
  • Page Range: 11-21
  • Page Count: 11
  • Language: Serbian