The position of security services in the public authority system

[M. Golubović]

314 listova

Biografija autora: list 311. Bibliografija: list. 298-310.

Public law; Administrative law

Security services represent one of the most significant elements of public authority in any state, and as such, their operations must be based on the principles of constitutionality, legality, efficiency, transparency, and secrecy. The principles of constitutionality and legality must be fundamental postulates and imperatives in the work of security services in all parliamentary democracies. However, security services, due to their specific legal status and the nature of their tasks (they have legal personality and a higher degree of autonomy compared to other special organizations and bodies), are simultaneously "the greatest protectors of order and the greatest enemies of freedom." Therefore, the doctoral dissertation aims to present and explain the characteristics of the position of security services within the framework of public authority. The author seeks to determine the boundaries of the activities of security services within the legal system so that their actions in applying the principles of secrecy and operational work remain within constitutional and legal limits, and their potential arbitrariness is minimized. In the legal state, security services are subject to legal control and accountability, unlike the arbitrariness of security services in dictatorships, hence the significance and contribution of the dissertation is reflected in understanding the difference between a legal state and a dictatorship. Furthermore, the author will examine the relationship between security services, the government, the military, and the police, with particular attention to the overlap of powers between security services and the police. The dissertation will have a strong historical-legal and comparative-legal basis and will address issues that have not been thoroughly examined in legal science. Despite the scientific and social importance of security services, their position within public authority has not been the subject of detailed legal scientific analysis, which justifies the dissertation and provides an opportunity for scientific contribution. The doctoral dissertation will examine the position of security services within the framework of public authority and their relationship with other bodies in public authority, as well as their position within the Ministry of Internal Affairs. Additionally, the dissertation will comparatively analyze the position of security services under dictatorship and in a legal state to determine the regulations that will be applied according to the principle of the rule of law. The first chapter of the doctoral dissertation - “Institutional Order of Public Authority” will analyze public authority bodies in a legal state, state administration as an institutional order of public authority, as well as the principles of unity and separation of powers. Moreover, the research and analysis in this chapter will also cover bodies and agencies within the Ministry of Internal Affairs, with a special focus on defining and analyzing the National Security Council. The second chapter - “Security Services as Pillars of the Intelligence-Security System” will be dedicated to an extensive analysis of the legal nature of security services in European legal systems and in the Republic of Serbia, viewed through historical development and today. The third chapter - “Position and Organization of Security Services” will focus on a detailed analysis of the position of security services in relation to the doctrine of the rule of law, then the analysis of the position of security services within the Ministry of Internal Affairs, their relationship with the government, military, and police, as well as the organizational structure of security services in selected European legal systems, including the Republic of Serbia. The fourth chapter - “Activities of Security Services” will present the forms of administrative activities, followed by an exposition on the principles and peculiarities of the activities of security services in selected European legal systems and the Republic of Serbia. This chapter will discuss security checks as a specific activity of security services, the regime of state secrets, and secret surveillance of communications as an exception to the inviolability of correspondence and communication. The fifth chapter - “Control of Security Services” will be dedicated to the forms and types of control conducted by public authority bodies, as well as independent regulatory bodies, including the public and media, over the work of security services in European countries, with a particular focus on the Republic of Serbia. The sixth chapter - “Accountability of Security Services” will address the forms of accountability of security services in the Republic of Serbia, liability for damages, and disciplinary responsibility of security service members. The author will necessarily apply the exegetical method (systematic-teleological and linguistic interpretation) to uncover the content of legal forms. To a certain extent, the nomothetic method, which seeks to determine the causes of the emergence of legal forms, will also be applied. Moreover, the dissertation will heavily rely on the application of comparative-legal and historical-genetic methods in their descriptive and explanatory forms (functional analysis), which will enable the determination of comparative-legal and historical characteristics of security services. Additionally, basic scientific methods in knowledge creation will be applied, such as analysis, synthesis, induction, and deduction, as well as methods of shaping knowledge, such as definition and classification.

bezbednosne službe, sistem javne vlasti

security services, public authority system

351.78:351.74/.75(043.3)

S111; S140

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