almanac on security sector oversight in the Western Balkans

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Table 3: Division of Labour for Civilian Control of State Police 28 Minister of Interior Council of Ministers Parliament • Issues orders & directives • Reports annually at request of state police director • Monitors state police performance • Defines strategic objectives Proposes to CoM number of state police personnel Proposes to CoM director of state police Approves rules & procedures, decides on activity and special procedures in state police Approves rules for overall intelligence activity of state police • Approves symbols of state police • Approves total number of payment scheme of state police • Approves budget of police • Adopts related legislation Appoints state police director Controls performance of state police through parliamentary committees Approves rules and procedures related to working relations, training, career Approves state police discipline regulation Approves police payment scheme Takes decisions on organisation, functioning and criteria for utilising special operational structures The most frequent mechanism the Minister of Interior uses to control police is demanding annual reports of the General Director of the Police. Nevertheless, the law does allow limitations on information shared with the executive control bodies, such as sensitive and classified information concerning witnesses and justice collaborators (Ibid.). The main instrument of control of the Minister of Interior over the State Police is the Albanian Service of Internal Control (SICMI). The SICMI oversees police activity and functioning in accordance with the Law on Internal Control (Law on the Internal Inspection Service, 2008). The SICMI is structurally independent from the police and directly subordinated and reporting to the minister. Distinctive from other oversight bodies, 21 the SICMI functions independently. Provisions concerning disciplinary procedures and its competences are laid down in the Law on State Police (Law on State Police, 2007). The SICMI has a revised legal framework and an independent budget and resources. The SICMI’s performance has been generally positive, focusing on tackling illegal actions, corruption and criminal acts in the police (SICMI, 2010). Recently, however, a decrease in the activity of the SICMI has been observed. 21 Other security sector institutions lack provisions for the establishment of distinct control mechanisms by the Executive in their organic laws (according to the Law on Council of Ministers the minister issues the regulations which provide for the establishment of competences, tasks and authority of control and inspection units).
Albania Executive financial control of the police is conducted by the Albanian Ministry of Finances. Internal Audit, a structure within the Ministry of Finances, conducts an annual control of the budget. The financial reports provide information on accomplishments of budget provisions and allocation of money in the police. Financial oversight, however, seems incomplete as the Ministry of Finance mostly monitors budget spending, and starts financial inspections only in cases when big losses are identified, while other minor cases are treated by internal audit activity in the police. The Albanian Directorate of Public Financial Inspection (within the Ministry of Finances) conducts investigations upon request of the President, Prime Minister, High State Control, Minister of Finances and the General Prosecution. So far the reports of the Ministry of Finance have not produced any major action against breaches and budget mismanagement of police. 5.3. Parliamentary control and oversight The Albanian Parliament enjoys extensive powers over the police through the process of adopting new laws, policies and the budget revision as well as oversight in the implementation phase. In general, parliamentary oversight of police is limited due to Parliament’s inability to properly check draft legislation and ensure the structure of oversight is complementary and coherent, avoiding overlaps in competencies. Regarding the ex-ante role, the most recent parliament adopted twenty-four laws related to police. Nevertheless, problems concerning quality of laws can be identified as the majority were passed without consulting MPs. Parliamentary oversight of police is conducted by three permanent committees that, in different stages, perform ex ante or/and ex post control and oversight. The Committee on National Security (CNS) discusses and approves the draft police budget before it is voted on by parliament. During the autumn budget approval process, the Minister of Interior is invited by the CNS to give his/her views on the budget. In 2010, the CNS was not involved in the budget planning process. 22 Also recently, control over budget spending and protection of human rights has not been on the CNS agenda. Based on information provided by parliament, since 2009 CNS has conducted only three meetings related to police. 23 The Committee on Legal Issues, Public Administration and Human Rights (CLIPAHR) is responsible for oversight related to human rights violations in the state police. Since March 2010, this committee has not looked into how the police follow and implement laws related to police activity. The Committee on Economy and Finances (CEF) is also involved in police oversight since it has final say on draft laws on the budget. 22 This can be concluded from the discussion of the budget of MoD, MoI and NIS for 2010 in the CNS, date 23 November, 2009. Minutes of this discussion are held by the authors 23 Those meetings were namely: (1) 30 January 2011: Questioning of the high officials of the state police on activity of the state police during criminal actions occurred in January; (2) 21 February 2011: Questioning of the director of the state police on the activity of the state police during the criminal actions occurred in January; and (3) 21 June 2011: On the participation of the state police in peacekeeping and humanitarian missions. 29 Almanac on Security Sector Oversight in the Western Balkans
Page 1 and 2: Serbia Almanac on Security Sector O
Page 4 and 5: Publishers: the Belgrade Centre for
Page 6 and 7: Acknowledgements This alman
Page 8 and 9: Introduction While official coopera
Page 10 and 11: the purpose of this study, accounta
Page 12 and 13: Different authors chose to present
Page 15 and 16: Chapter 1 - Albania Authors: Arjan
Page 17 and 18: 1 . Introduction Albania This chapt
Page 19 and 20: Albania cotts them. Opposition ofte
Page 21 and 22: Table 2: Permanent committees with
Page 23 and 24: Albania The president is also the h
Page 25 and 26: Albania trust the expertise of the
Page 27: Box 1: The Gerdec case Albania The
Page 31 and 32: Albania resources of the People´s
Page 33 and 34: Albania become a common trend (Free
Page 35 and 36: Albania intelligence, while the Nat
Page 37 and 38: Albania these units are not always
Page 39 and 40: Albania Trust has increased in the
Page 41 and 42: Albania • The executive and parli
Page 43 and 44: Albania 26. Minutes from the discus
Page 45: Albania 11. OECD. SIGMA, Support fo
Page 48 and 49: Abbreviations and acronyms BiH Bosn
Page 50 and 51: that with its assistance, in the fo
Page 52 and 53: fourteen police agencies in Bosnia
Page 54 and 55: An institution that best exemplifie
Page 56 and 57: Several different agencies share co
Page 58 and 59: this research, these departments ad
Page 60 and 61: the respect for human rights in the
Page 62 and 63: significantly improved since 2008,
Page 64 and 65: 2006, Bosnia and Herzegovina signed
Page 66 and 67: 5 . Recommendations The proposed la
Page 68 and 69: Bibliography 68 Primary sources 1.
Page 70: 8. www.sipa.gov.ba - state Investig
Page 74 and 75: Abbreviations and acronyms BiH Bosn
Page 76 and 77: 1 . Introduction This chapter will
Page 78 and 79:
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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Macedonia should be expanded by con
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Macedonia 14. Закон за ра
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Macedonia 32. State Audit Office (2
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Chapter 6 - Montenegro Authors: Raj
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1 . Introduction Montenegro The aim
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Montenegro The process of security
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Montenegro Finally, the National Se
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Montenegro CSD only needs the agree
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Montenegro bers representing differ
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Montenegro only after the Agency fo
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3.5. Financial oversight and contro
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Montenegro make additional efforts
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Bibliography Legislation Montenegro
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Montenegro 13. Ministry of Internal
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Abbreviations and acronyms CCD Code
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herent. The reason for this was a l
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ance and respect for human rights a
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security institutions during one wo
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meetings, regular exchange of infor
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maltreatment in custody it is impos
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expressed in relation to the role o
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have acted as intermediaries of the
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and the third, budgetary inspection
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obliged to send quarterly reports o
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The aforementioned problems could b
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6.1.3. Judiciary • Courts should
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Bibliography 206 Primary sources 1.
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208 Secondary sources 1. Belgrade C
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210
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Abbreviations and acronyms ARS Army
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ise data from previous analyses 186
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states and in the region (Hadžić,
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The formative phase was crucial for
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similarities between the processes
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adical SSR, but also the main threa
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The emergence of new actors permane
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control and oversee the work of exe
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MPs in the work of several committe
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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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Page 247 and 248:
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Box 1: Where is this framework appl
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• Frequency: frequent/occasional/
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Page 263 and 264:
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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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