5. STATE INTELLIGENCE SERVICE1
- Legal Basis
State Intelligence Service bases its activity on the law no. 8391,
date 28/10/1998 "On the State Intelligence Service".
- Mission and Function
According to Article 1 of this law, the State
Intelligence Service is an intelligence organ of the state with national security
State Intelligence Service has the following duties:
- collect information from abroad for the purposes of national security;
- undertakes intelligence activity for purposes of the protection of integrity,
independence and constitutional order;
- collect information in regard to terrorist activity, production and trafficking of
narcotics, in regard to production of weapons of mass destruction as well as crimes
against the environment;
- collect information in regard to organized crime that endangers the national security.
- Institutional Position of the State Intelligence Service and relationship with other
State Intelligence Service is under the authority of the Prime
Minister. Its Head is appointed and dismissed by the President of the Republic with the
proposal of the Prime Minister.
Article 9 expressly states that State Intelligence Service does not carry activities of
a military or police character. Nevertheless, article 3 paragraphs 4 and 5, specify that
SIS has several duties in respect to rule of law and order.
It is interesting to note that the law in its article 6 provides for a close
relationship and co-operation between that Head of Service and Prosecutor General. The
Attorney General has to approve the working procedures of the State Intelligence Service.
Such procedures deal with:
- the way how the information is collected;
- the use of physical and electronic controls;
- the ways of securing and protecting the sources of information;
- the ways of verifying the information and its sources;
- the collection of information from persons that are to be sources of information.
A permanent Subcommittee in the Parliament also supervises the activity of the State
Intelligence Service. The Head of service reports in front of this subcommittee at least
once a year. (Article 7)
The Council of Ministers supervises the State Intelligence Service activity by
appointing a General Inspector. This general Inspector is under the authority of both
Prime Minister and Head of the Service. So far this position has been a source of conflict
between the prime Minister and the Head of the State Intelligence Service but this was
more due to personal relationships than of a legislative gap or failure.
|1 This is the new name as it was recently
changed by the Constitutional Court. The old name was National Intelligence Service
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Policy & Legal Studies 2000