The Legal framework for intelligence in post-Communist Romania

Abstract

The safeguarding of civil liberties and ensuring the accountability and transparency of the intelligence and security institutions, even if protecting national security, are crucial in a democracy. Accommodating both secrecy (which an intelligence community (IC) needs in order to function effectively) and transparency (which enables citizens to know what their government is doing) begins with the creation of a comprehensive legal framework. This not only ensures that the intelligence organizations work effectively and are able to adjust to new dynamics, concepts, and technologies, but also guarantees that they respect the rule of law, as well as human liberties and rights. A legal framework for intelligence (1) delineates the rights, obligations, and powers of the intelligence organizations, as well as the arrangements for their governance and accountability; (2) provides the intelligence system with guidance as to what it can and cannot do; (3) indicates who is in charge and who oversees the activity of intelligence; (4) ensures that the intelligence apparatus is responsible before the law in case of abuses; and (5) makes sure that the IC benefits from legal protection if it observes the legally agreed guidance and directions.