The regional context of intelligence services in the parliamentary system: A comparative study of the Western Balkans

ABSTRACT

In the Balkan context, the treatment of intelligence services in scientific terms has been addressed in the second half of the 1990s by several international authors, while from the aspect of the functioning of these agencies themselves, it has been a taboo topic due to the specifics of the systems of the past. In the democratic system, where the legal norm has established rules of operation and control, many scholars treat this matter in different dimensions within the academic framework and within the framework of national security policies. This research refers to the regional context of intelligence services in the parliamentary system, trying to analyze by comparative method some of the Western Balkan countries. The purpose of this study is to provide important legal elements, systematizing knowledge in aspects specifically related to the competencies, monitoring, control and oversight of state intelligence agencies in the democratic system of operation in the regional context in the Western Balkans.

KEYWORDS:

• Parliamentary system
• democracy
• intelligence services
• transparency
• Western Balkans

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes

¹ Walter Laqueur, A World of Secrets: The Uses and Limits of Intelligence (New York: Weidenfeld and Nicolson, 1985).

² Steven Boraz and Thomas Bruneau, “Conclusion Best Practices: Balancing Democracy and Effectiveness.” in Reforming Intelligence, by Robert Jervis. Austin, (Texas: University of Texas Press, 2007).

³ Michael Warner, “Sources and methods for the study of intelligence.” in Handbook of Intelligence Studies, ed. Loch K. Johnson, (London & New York: Routledge, 2007): 25.

⁴ Aidan Wills, Understanding Intelligence Oversight (Geneva: Geneva Centre for the Democratic Control of Armed Forces, 2011).

⁵ Wills, Understanding Intelligence Oversight.:

⁶ Thomas Carothers, “The End of the Transition Paradigm.” Journal of Democracy (2002): 5–21.

⁷ Bahri Gashi, “Theoretical concepts about ‘intelligence’ – practices and standards in democratic societies.” Iliria International Review 3, no. 1 (2013): 227. https://iliriapublications.org/index.php/iir/article/view/111

⁸ Law number 03/L-063. 2008. “The law on the Kosovo Intelligence Agency,” Prishtina: Official Newspaper, May 21.

⁹ Law number 03/L-063. 2008.

¹⁰ Ibid.

¹¹ Ibid.

¹² Alan Collins, Studime bashkëkohore të sigurisë. (Tirane: UET, 2009).

¹³ See note 9 above.

¹⁴ Florian Qehaja, “Qeverisja e Agjencisë së Inteligjencës në Kosovë,” DCAF, April 3, 2012, 15. http://www.qkss.org/repository/docs/Qeverisja_e_Agjencise_se_Inteligjences_ne_Kosove_Florian_Qehaja_254243.pdf

¹⁵ Law number 03/L-063. 2008.

¹⁶ Ibid.

¹⁷ Assembly of the Republic of Kosovo, Parliamentary Committees, “Oversight Committee for Kosovo Intelligence Agency”, 2021. https://www.kuvendikosoves.org/eng/comittees/committee/?committee=58

¹⁸ State Intelligence Service. n.d. Creation of the State Information Service. https://www.shish.gov.al/pages/historiku/krijimi.html

¹⁹ State Intelligence Service, 1999, Date/Decision, November 22. https://www.shish.gov.al/pages/historiku/data.html

²⁰ State Intelligence Service, 1999.

²¹ Assembly of the Republic of Albania, Committees, “Committees for National Security”, 2021.

Available at https://www.parlament.al/Strukture?kategori=5&strukture=1014#

²² Security Information Agency, 2002, About Agency, July 27. https://www.bia.gov.rs/en/bia/about-agency/

²³ Security Information Agency, 2002.

²⁴ Ibid.:

²⁵ Security Information Agency, 2018, The report on the oversight of the Security Information Agency regarding the use of covert surveillance, November 27. https://www.bia.gov.rs/en/media/public-statements/the-report-on-the-oversight-of-the-security-information-agency-regarding/

²⁶ Security Information Agency, 2018.

²⁷ National Assembly of the Republic of Serbia, Committees, “Committee of the Security Service Control”, 2021. http://www.parlament.gov.rs/13th,_14th_and_15th_Sitting_of_the_Security_Services_Control_Committee_.43649.537.html

²⁸ Law of Security Intelligence Agency, 2004, Official Newspaper. http://www.osa-oba.gov.ba/osaobaeng.htm

²⁹ Law of Security Intelligence Agency, 2004.

³⁰ Law on the Intelligence and Security Agency, “General Provisions”, Article 6, Paragraph 5.

³¹ Law on the Intelligence and Security Agency.

³² Ibid.

³³ Parliamentary Assembly of Bosnia and Herzegovina, Committees, “Committees on Supervision of the work of Intelligence and Security Agency in BiH”, 2021. https://www.parlament.ba/committee/read/42?commiteeMandate=139&lang=en

³⁴ National Security Agency, “History”, https://anb.gov.me/en/Home/History

³⁵ Law on National Security, number 28/05, Official Newspaper, 5 May 2005.

³⁶ National Security Agency, “Control over the work of the agency”, https://anb.gov.me/en/Home/Oversight/

³⁷ Parliament of Montenegro, Working Bodies, “Security and Defence Committee”, 2021. https://www.skupstina.me/en/working-bodies/security-and-defence-committee

³⁸ Law for Intelligence Agency, 1995, Official Newspaper. http://www.ia.gov.mk/alban/ar_a.htm

³⁹ Law for Intelligence Agency, 1995.:

⁴⁰ Ibid.

⁴¹ Ibid.

⁴² Assembly of the Republic of North Macedonia, Working Bodies, “Committee for Supervising the work of the National Security Agency and the Intelligence Agency”, 2021. https://www.sobranie.mk/working-bodies-2016-2020-en-ns_article-committee-for-supervising-the-work-of-the-security-16-20-en.nspx

⁴³ Law for Intelligence Agency, number 08–475/1, 2021. https://ia.gov.mk/assets/documents/ZakonZaAgencijataZaRazuznavanje.pdf

⁴⁴ National Security Agency, “About the agency”, 2021. http://www.anb.gov.mk/al/zaAgen-al.html

⁴⁵ Law of National Security Agency, number 08–3047/1, 2019. http://www.anb.gov.mk/style/ZakonANB.pdf

⁴⁶ Peter Hanks, and John D. McCamus, National security: Surveillance and accountability in a democratic society (Les Editions Yvon Blais, 1989).

⁴⁷ Marin Caparini, and Hans Born, Democratic Control of Intelligence Services (Routledge, 2007).

⁴⁸ William Barclay, “Liberty, security and the degenerative cycle of democracy,” Journal of Liberty and International Affairs 2, no. 1 (2016): 60. https://e-jlia.com/index.php/jlia/article/view/61/51.

⁴⁹ Geoffrey R Weller, “Political Scrutiny and Control of Scandinavia’s Security and Intelligence Services,” International Journal of Intelligence and CounterIntelligence 181, 2010.

⁵⁰ Juan J. Linz and Alfred Stepan, Problems of Democratic Transition and Consolidation: Southern Europe, South America, and Post-Communist Europe, (Baltimore & London: The Johns Hopkins University Press, 1996).

Additional information

Notes on contributors

Bahri Gashi

Bahri Gashi is a Doctor of Political Science, specializing mainly in the security sector for National Security and Intelligence Policies. The academic profile addresses specific topics for National Intelligence and Security Policies: “Basics and Methods of Intelligence; Intelligence and Counterintelligence Policies; Contemporary Security Policies; Democratic Oversight of Intelligence Services; Intelligence and Terrorism; ‘Cyber Security and Artificial Intelligence - Hybrid War.’

Ngadhnjim Brovina

Ngadhnjim Brovina is Professor at the Department of Political Science, University for Business and Technology-UBT in Prishtina, Kosovo. His research focuses on Public Diplomacy, Peacebuilding and Statebuilding, International Law, Foreign Policy. His most recent publications are dedicated the subject: Roma community in Kosovo: between reality and the European dream (2018), Peacebuilding in Kosovo (2017), European Union public diplomacy - Case study - The intervention in Bosnia and Herzegovina (2017), etc.