almanac on security sector oversight in the Western Balkans

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Abbreviations and acronyms CCD Code for Criminal Proceedings DSC Defence & Security Committee of the National Assembly Serbia HCC High Court Council IASP Internal Affairs Sector of the Police IBC Internal and budget control IG Inspector General LBS Law on Budget System MoF Ministry of Finance MIA Military Intelligence Agency MPI Military Police Inspector MSA Military Security Agency PPL Public Procurement Law PPO Public Procurement Office PPP Portal of Public Procurement RoP Rules of Procedure of the National Assembly SAI State Audit Institution SIA Security-Information Agency 182
1 . Introduction Serbia The security sector in a post authoritarian and post conflict country, such as Serbia, can be one of the greatest obstacles to the consolidation of democracy. The main question of this chapter, therefore, is what are the achievements and weaknesses of Serbian security sector accountability and what repercussions does this have on democracy? In this chapter, we will focus on two components of accountability: legal compliance and respect for human rights, and transparency of resource allocation and spending. We will focus especially on accountability of security sector institutions to the government ministry under whose authority it is placed (vertical accountability) and also to other branches of government or institutions (horizontal accountability). These two aspects were chosen because our research indicates implementation in these areas is deficient, but also because respect for human rights and financial accountability are important issues for good public governance. Further consideration is given to patterns of democratic accountability in the security sector, including: oversight mechanisms, their development and functioning, their performance and level of accountability, as well as achievements and weaknesses. One of the key findings of this research is that Serbia has completed the first generation of security sector reform: a legal framework regulating the sector is mostly completed 113 ; there are institutions for oversight and control of the sector is under democratic civilian control. In order to complete the next phase and enter the second generation of reform, the legal framework must be fully implemented and adhered to by all security sector actors 114 . 2 . Background When Serbia regained its statehood in 2006 115 all necessary preconditions for completion of the legal framework regulating its security sector were fulfilled. At that time, a new constitution was adopted which set the basis for legal regulation of the competencies, missions and tasks of the Serbian security sector institutions, as well as establishment of a clear and democratic chain of command over these institutions. The Serbian “National Security Strategy” and a national defence strategy were adopted after the relevant laws: Law on Defence (2007) and Law on the Serbian Armed Forces (2007), as well as the Law on Security Information Agency (2002) and the Law on Police (2005) which were adopted before the constitution. These laws should be the basic legislation on Serbian security and defence but were quite vague and inco- 113 Notably absent is legislation regulating activities of private security companies. 114 More on security sector reform generations in: Edmunds, Timothy, 2004, “Security Sector Reform: Concepts and Implementation” in: Flury, Phillip and Hadžić, Miroslav (edt.) Sourcebook on Security Sector Reform. DCAF, CCMR. Geneva, Belgrade, pp. 50-53. 115 The Federal Republic Yugoslavia existed until 2003, when the State Union of Serbia and Montenegro was created. In the May 2006 referendum, Montenegro declared independence, ending the federal arrangement of two states. 183 Almanac on Security Sector Oversight in the Western Balkans
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Serbia Almanac on Security Sector O
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Publishers: the Belgrade Centre for
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Acknowledgements This alman
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Introduction While official coopera
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the purpose of this study, accounta
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Different authors chose to present
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Chapter 1 - Albania Authors: Arjan
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1 . Introduction Albania This chapt
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Albania cotts them. Opposition ofte
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Table 2: Permanent committees with
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Albania The president is also the h
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Albania trust the expertise of the
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Box 1: The Gerdec case Albania The
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Albania Executive financial control
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Albania resources of the People´s
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Albania become a common trend (Free
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Albania intelligence, while the Nat
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Albania these units are not always
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Albania Trust has increased in the
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Albania • The executive and parli
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Albania 26. Minutes from the discus
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Albania 11. OECD. SIGMA, Support fo
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Abbreviations and acronyms BiH Bosn
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that with its assistance, in the fo
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fourteen police agencies in Bosnia
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An institution that best exemplifie
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Several different agencies share co
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this research, these departments ad
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the respect for human rights in the
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significantly improved since 2008,
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2006, Bosnia and Herzegovina signed
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5 . Recommendations The proposed la
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Bibliography 68 Primary sources 1.
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8. www.sipa.gov.ba - state Investig
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Abbreviations and acronyms BiH Bosn
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1 . Introduction This chapter will
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new dynamics to both, internal and
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social groups and institutions as a
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Figure 1 International organization
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higher standards of operations of s
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There are numerous ways in which pa
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norms result from overzealous attem
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esources is a fact of life in all t
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5.1.2. Lessons learned from impleme
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Social Democratic government marked
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Reform deteriorated in the next per
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Bibliography 53 1. Anderson, Peter
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38. Zakon o prekršajima, Narodne n
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Abbreviations and acronyms ACA Koso
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1 . Introduction The security secto
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The international military presence
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Figure 1: Organisation of the Secur
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Figure 2: Mapping of the Security S
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According to the new Law on the Pol
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Hearings for budgetary proposals ar
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Court decisions for criminal cases
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human rights by the Kosovo Assembly
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Both the OAG and the ACA submit the
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context, therefore, is a crucial in
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Bibliography 126 Legislation 1. Con
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Chapter 5 - Macedonia Author: Andre
Page 131 and 132: 1 . Introduction Macedonia Macedoni
Page 133 and 134: Macedonia through assistance to and
Page 135 and 136: Macedonia Oversight institutions ha
Page 137 and 138: Macedonia Thirdly, the Committee on
Page 139 and 140: Macedonia Even though the SAO issue
Page 141 and 142: 4.1. Parliament Macedonia The polic
Page 143 and 144: Macedonia SICPS is unprofessional a
Page 145 and 146: 4.5. Constitutional Court Macedonia
Page 147 and 148: Macedonia Members of the Committee
Page 149 and 150: Macedonia person under surveillance
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Page 153 and 154: Macedonia 14. Закон за ра
Page 155 and 156: Macedonia 32. State Audit Office (2
Page 159 and 160: Chapter 6 - Montenegro Authors: Raj
Page 161 and 162: 1 . Introduction Montenegro The aim
Page 163 and 164: Montenegro The process of security
Page 165 and 166: Montenegro Finally, the National Se
Page 167 and 168: Montenegro CSD only needs the agree
Page 169 and 170: Montenegro bers representing differ
Page 171 and 172: Montenegro only after the Agency fo
Page 173 and 174: 3.5. Financial oversight and contro
Page 175 and 176: Montenegro make additional efforts
Page 177 and 178: Bibliography Legislation Montenegro
Page 179: Montenegro 13. Ministry of Internal
Page 184 and 185: herent. The reason for this was a l
Page 186 and 187: ance and respect for human rights a
Page 188 and 189: security institutions during one wo
Page 190 and 191: meetings, regular exchange of infor
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Page 194 and 195: expressed in relation to the role o
Page 196 and 197: have acted as intermediaries of the
Page 198 and 199: and the third, budgetary inspection
Page 200 and 201: obliged to send quarterly reports o
Page 202 and 203: The aforementioned problems could b
Page 204 and 205: 6.1.3. Judiciary • Courts should
Page 206 and 207: Bibliography 206 Primary sources 1.
Page 208 and 209: 208 Secondary sources 1. Belgrade C
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Page 212 and 213: Abbreviations and acronyms ARS Army
Page 214 and 215: ise data from previous analyses 186
Page 216 and 217: states and in the region (Hadžić,
Page 218 and 219: The formative phase was crucial for
Page 220 and 221: similarities between the processes
Page 222 and 223: adical SSR, but also the main threa
Page 224 and 225: The emergence of new actors permane
Page 226 and 227: control and oversee the work of exe
Page 228 and 229: MPs in the work of several committe
Page 230 and 231: Table 3: New legal framework Laws A
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Table 4 - part 2: Political and Str
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Table 7: Independent State Institut
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14. Miroslav Hadžić, Milorad Timo
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SSR Index - Measuring to Advance De
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1 . Introduction SSR Index - Measur
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Box 1: Where is this framework appl
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• Frequency: frequent/occasional/
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Annex I: Grading System for SSR GRA
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GRADE 5 Focus is on adopted values
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Grades Grades for Parliamentary Con
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Albania Grades Table: Measuring Thr
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Albania Bosnia and Herzegovina tran
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Bosnia and Herzegovina reveals defi
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Bosnia and Herzegovina Croatia esta
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Croatia Grades GENERAL TRANSPARENCY
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Croatia contribute to the planning
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Kosovo Grades GENERAL TRANSPARENCY
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Kosovo Macedonia Procurement transp
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Macedonia Grades GENERAL TRANSPAREN
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Macedonia The state budget is based
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Montenegro Recommendations: • The
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Montenegro of Public Procurement, t
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Serbia ties of the DSC’s work, cl
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Serbia of the actors’ organizatio
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Research Consortium Partners ANALYT
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