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          The paper presents detailed problems and negative consequences which unreformed security sector leaves on the democratic order and human rights. The analysis points that security services are not completely connected in unique security intelligence system, legal framework which regulates their work is notharmonized and it is full of legal vacuum. The role that the civilian security agency BIA has in criminal investigation is not clear enough and supervision and control of security services is not effective.

          After the restoration of statehood in 2006 Serbia got a chance to shape its security sector according to possibilities and needs without the load of itricate (con)federal state organization. Opposite to public expectations, comprehensive reform of security sector failed. Similar to 5 October changes, security intelligence system was only partly reformed due to ambitions of politicians to control it.

          The first problem area in this text is analysis of National Security Council. This state authority for coordination of actions important for national security does not include the Minister of Foreign Affairs, Speaker of the National Assembly, Director of the Police or Prosecutor for Organized Crime, which is opposite to practice in other countries. Also, current practice demonstrated that place of the Secretary of the Council is used by politicians for control over security services.

          The second part of the paper deals with the police powers of security services. Linking up the police and security intelligence jobs leads to big concentration of security power in one organization. This phenomenon threatens the principle of separation of powers, one of the basic principles of contemporary democracy. Participation in criminal investigations threatens to endanger secrecy of work of the security services and complicates the fight against organized crime.

          The third problem area is related to special measures for secret data gathering. Security services still got the possibility of the unlimited interception of communications while the access to retained data avoids control.

          The chapter dedicated to the internal control indicates to importance of this mechanism as the first line of defending law in the institutions themselves. Internal control in security services of Serbia has enough powers to control work but don’t have enough resources and independence in work relative to directors of the agencies.

          The last chapter is about external oversight of security services. Parliamentary oversight of security services is regular but it is not complete. Despite numerous challenges, independent state institutions remain leading overseers of security services.

          Publication of this study was kindly supported by The Embassy of the Kingdom of the Netherlands in Belgrade, in the framework of the project “LEGASI - Towards Legislative Reform of Security Intelligence System”. The opinions expressed in the publication are solely those of the author and do not necessarily reflect the positions of the State of the Netherlands.

        • Tags: security services, control, democratic control, internal control, reform, special measures, Predrag Petrović, Katarina Djokic
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