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          • Year: 2014
          • Parliaments on a Special Mission: Oversight of Implementation of Special Investigative Measures

          • BCSP researcher Katarina Djokic analyzes what are special investigative measures, how can parliamentary oversight over them be done and what European standards are relevant for parliamentary oversight of their implementation.

        • This paper will give the overview of the legislative and institutional arrangements and practices of parliamentary (or parliamentary-related) oversight of special investigative measures implementation in the European countries.

          The paper does not intend to offer a comprehensive classification of oversight arrangements or an exhaustive analysis of the practices. The intention is rather to provide an overview of the current trends and achievements in the oversight of SIM implementation in the work of security and intelligence services and the police, as well as to identify, without deeper analysis, some factors which have impact on effectiveness of this kind of oversight.

          Special investigative measures (SIM) are no novelty in the work of security actors, but over the past few years they have attracted significant public attention. Technological development has enabled the state to commit the most serious intrusion of privacy of its own and other states’ citizens so far, at the time when the respect for human rights in the large part of the world has become one of the proclaimed basic principles of the constitutional framework. Sensitivity of the data collected in this way means that the SIM are an aspect of the security actors’ work which is exposed to a very high corruption risk.1 On the other hand, the nature of the security threats which are predominant in the 21st century (above all, terrorism and organized crime) justifies the diligence in application of SIM. In order to prevent abuse, it is necessary to have the application of SIM 1) regulated by the law and 2) subject to external oversight (courts, independent state bodies, and the parliament).

          This publication is made possible by the support of the United States Agency for International Development (USAID) under the “Civil Society Forward” program, implemented by the Institute for Sustainable Communities (ISC), within the project „Partnership for Integrity in Security Sector in Serbia“. The opinions expressed herein are those of the author(s) and do not necessarily reflect the views of ISC, USAID or the United States Government. 

        • Tags: Partnership for Integrity in Security Sector, special measures, parliament
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