Aspect of the democratic control over the national security system

Irimia Ana Irina

Impact of Socio-economic and Technological Transformations at National, European and International Level (ISETT), 2015, vol. 4

Abstract: The exercise of the democratic control over the National Security System guarantees the mentioned system do not infringe in any way the fundamental rights and liberties or the people’s sovereignty, values which the National Security System are actually called to protect. One of the most important measures is the Constitutional subordination of the National Security System to the national policy, as it is defined by the legislative factor. The democratic control consists of a set of prerogative granted to the political authorities (democratically elected or legally created) by the Constitution and the legislation, in order to establish the legal framework for the components of the National Security System, functioning and responsibilities, as well as to verify the lawfulness of their activity. It is essential to underline the fact that a real control can be exercised only through jurisdictions established by the law. In this respect, the political authorities have certain prerogatives which allow them to issue legal regulations and their enforcement, to check whether they are observed or not, and to take all necessary measures in case they are not observed. The legal mechanisms differ according to each nation’s Constitutional order, and the majority belongs to the public authorities stipulated in the Constitution.

Keywords: constitution; national security; system; mechanisms; legislation; human resource (search for similar items in EconPapers)
Date: 2015
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