almanac on security sector oversight in the Western Balkans

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The aforementioned problems could be explained by several factors. Firstly, established mechanisms of civilian control are new in the system and need time to be fully implemented, especially taking into account decades of authoritarian rule in Serbia. Secondly, due to a troubled history, a specific hybrid democratic regime, called “partocracy” was established in Serbia. It is marked by a multiparty system and free elections, but also features a lack of intra-party democracy as well as political deals between ruling parties concerning “the spoils”—that is, ministries and agencies. As a consequence, members of the same party do not want to question the work of their fellow party members that are heading the different ministries and agencies, nor do the members of the ruling party coalition want to “snoop” on the work of their peers, all because they want to avoid destroying the balance in the coalition. Finally, many existing regulations have flaws. Such a system creates opportunities for different abuses of power, particularly when it comes to budget allocation and spending. Due to the limited capacities of internal control bodies, which perform only oversight of the legality of spending, the absence of parliamentary control in this regard and the fact that the State Auditor still does not have authority to control whether security institutions are spending funds appropriately, it is questionable whether there is systematic and effective control and oversight of the use of budgeted funds by the Serbian state security actors. Finally, most of the institutions tasked with the oversight and control of the security sector do not have sufficient material, financial and human resources for carrying out their functions. The judiciary is not effective enough in making security actors accountable. Of great concern is the fact that the prime goal of the reform of judicial independence is compromised by the influence of the executive in the process of reorganisation of courts and re-election of judges, as well as in the daily work of the courts. In contrast is the performance of the independent state institutions, especially the Ombudsperson and the Commissioner for Free Access to Information of Public Importance. These two institutions show strong dedication and willingness to exercise oversight and control of state security actors, despite the fact that they have insufficient resources and their work is obstructed, or at least is not supported, by the executive. This suggests to us that these mechanisms could be the drivers for control and oversight of security actors as well as the triggers for making other state institutions perform their oversight role. 202
6 . Recommendations Serbia 6.1. Accountability for legality of work and respect of human rights 6.1.1. Executive • The Law on Security Information Agency is not completely in accordance with contemporary democratic standards and principles. It is necessary that parliament adopt a new law on the Security-Information Agency introducing the institution of General Inspector of the agency and fully and precisely regulate its mandate and competences. • The private security sector in Serbia has not been regulated for seventeen years, so there is almost no executive control over this sector. . Adoption of a special law that would fully and precisely regulate this sector is necessary. • The Internal Affairs Sector of the Police (IASP) does not have sufficient material, financial and human resources. Job posts should be filled and the separation of IASP offices from police stations is necessary, in order to make the sector more accessible to citizens and police personnel who have complaints against police work. • IASP does not enjoy enough autonomy from the Minister of Interior, who has discretionary power to hand investigations run by IASP over to any other organisational unit in the MoI. Therfore, the Law on Police should be amended in a way to remove the Minister’s discretionary power. • The internal and budgetary control of the Security-Information Agency needs to raise citizens’ awareness of their right to complain about illegal actions of members of the Agency. That could be realised by publishing brochures which would explain what body is in charge of complaints and explaining in detail the process of filing a complaint. 6.1.2. Parliament • Until the entry into force of provisions of the new Rules of Procedure (Art. 46-67) and the establishment of the Committee on Defence and Internal Affairs, which will review the reports of the Ministry of Defence, submitted every three months to parliament, parliament should request reports from the Ministry of Defence on the work of the Ministry in accordance with Art. 36 of the Law on the Government. • The Defence and Security Committee should develop a midterm and annual work plan and determine priority areas of its activities. • The Defence and Security Committee should develop a mechanism for regular cooperation with other parliamentary committees (Finance Committee, Justice and Administration Committee, Foreign Affairs Committee), such as joint meetings, regular exchange of information, consultations, etc. 203 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
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1 . Introduction Macedonia Macedoni
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Macedonia through assistance to and
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Macedonia Oversight institutions ha
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Macedonia Thirdly, the Committee on
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Macedonia Even though the SAO issue
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4.1. Parliament Macedonia The polic
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Macedonia SICPS is unprofessional a
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4.5. Constitutional Court Macedonia
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Macedonia Members of the Committee
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Macedonia person under surveillance
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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
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Page 173 and 174: 3.5. Financial oversight and contro
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Page 177 and 178: Bibliography Legislation Montenegro
Page 179: Montenegro 13. Ministry of Internal
Page 182 and 183: Abbreviations and acronyms CCD Code
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
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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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SSR Index - Measuring to Advance De
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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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