Armed forces and security services: what democratic controls?

Faced with the growing threats of terrorism and international organised crime, European societies are feeling an increasing need for both domestic and external security. Government action to combat these threats must be lawful – and also legitimate – and be conducted with due respect for human rights, democracy and the rule of law, which are fundamental Council of Europe principles. The question arises as to who is going to exercise democratic oversight in this area. What are the roles of parliaments, the executive, the judiciary and civil society ? Do supervisory bodies exist at supranational level ? This book presents the various players and their duties in the security field and confirms the need to strike a balance between a democratic conception of fundamental freedoms and security safeguards, on the basis of reports by the Council of Europe Parliamentary Assembly and the European Commission for Democracy through Law.

Part 1 Democratic oversight of the security sector in member states Report of the Parliamentary Assembly Summary Adopted texts Recommendation 1713 (2005) of the Parliamentary Assembly to the Committee of Ministers and its reply Explanatory memorandum A. Introduction B. Intelligence services C. Democratic policing D. Border management E. Defence Part 2 Democratic oversight of the security services Report of the European Commission for Democracy through Law (Venice Commission) Executive summary I. Introduction II. Previous Council of Europe work in this area III. The scope of the present study IV. Is there a need for (improved) democratic control? V. Accountability VI. Accountability and the case law of the European Court of Human Rights VII. Internal and governmental controls as part of overall accountability systems VIII. Parliamentary accountability IX. Judicial review and authorisation X. Accountability to expert bodies XI. Complaints mechanisms XII. Concluding remarks Part 3 Democratic control of the armed forces Report of the European Commission for Democracy through Law (Venice Commission) Executive summary I. Introduction II. The scope of the study III. The necessity for democratic control of the armed forces IV. The role of the armed forces in Council of Europe member states V. Actors, acts, moments and procedures of control VI. Conclusions Appendices Appendix A: Overview of national legislation on the authority to decide participation in missions abroad Appendix B: Overview of the constitutional rules of appointment of top commanders in selected Council of Europe member states Appendix C: Overview of civil and political rights for armed forces personnel: selected examples