almanac on security sector oversight in the Western Balkans

Serbia
others. The entire procedure was repeated and there are still cases before the constitutional
court.
Full accountability of the state security sector will be possible when new institutions
for independent oversight, including the Serbian Commissioner for Free Access to Information
of Public Importance and Personal Data Protection (“Commissioner”), the
Serbian Protector of Citizens (“Ombudsperson”) and the Serbian State Auditor Institution
(SAI) start to execute their authorities fully. Each of these independent oversight
bodies is regulated by separate laws. 119 These laws mandate oversight of the security
sector and protection of human rights, and they outline the difference between information
which should be kept confidential, either in the interest of personal privacy
or national security and what should not be kept secret. Another important law is the
2005 Law on the Protector of Citizens – a constitutionally prescribed institution for
protection of human rights. The Ombudsperson is authorised to control government
institutions work in accordance with the law and that human rights of citizens are
protected (Art.17). Although state bodies are obliged to cooperate with the Ombudsperson,
its decisions are not binding. Control of public finances is regulated by the
Law on Budget, the Law on Budget System, the 2009 Law on Public Procurement and
the 2005 Law on State Auditing Institution (SAI). SAI did not commence activities until
2009 because of a lack of resources. This institution, unfortunately, still does not have
the expertise to control security sector finances.
Finally, the 2008 Anti-Corruption Agency Act introduced another independent body
tasked to fight corruption. Similar to other independent oversight institutions, the
Serbian Anti-Corruption Agency lacks resources. Additionally, it does not have investigative
authority, which lessens its role and proper functioning. All these laws introduced
independent oversight bodies into Serbia for the first time and set preconditions
for full accountability of the security sector to citizens.
3 . Accountability for legality of work and respect of
human rights
3.1. Executive control and oversight
The executive has broad authorities over state security. This includes directing and
coordinating state actors, approving internal organisation, as well as appointing and
dismissing their heads and certain managers. State security actors are obliged to provide
the executive with annual reports containing a description of results as well as
measures taken.
The most important mechanisms through which the executive controls legal compli-
119 Deserving special note are the 2004 Law on Free Access to Information of Public Importance, the
2008 Law on Personal Data Protection and the 2009 Law on Data Confidentiality.
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Almanac on Security Sector Oversight in the Western Balkans