Vesković: Announced amendments to security laws offer an opportunity to improve certain provisions
The announced amendments to the key laws governing the security sector - the Law on the National Security Agency and the Law on Internal Affairs - represent a valuable opportunity to improve certain provisions whose content has previously sparked debate both domestically and internationally, according to Public Policy Adviser to the President of Montenegro, Marija Vesković.
She stressed that it is particularly significant that the forthcoming amendments form an integral part of the Agreement between the Government and the opposition, reflecting a clear recognition of the need for legislative reforms in this area.
- Ahead of the announced amendments, I would like to recall the arguments presented by the President of Montenegro when he returned the previous amendments to these laws to the Parliament of Montenegro for reconsideration. Those arguments can serve as a solid foundation for drafting new legislative solutions. Amendments to the Law on the National Security Agency should strengthen the balance between the effective functioning of security services and the full protection of citizens’ constitutional rights - Vesković said.
According to her, President Jakov Milatović’s objections were primarily aimed at safeguarding the constitutionally guaranteed right to privacy and ensuring effective prior judicial oversight of covert surveillance measures that significantly interfere with fundamental human rights, such as tracking, surveillance, and electronic searches conducted in public places using technical means for documentation.
- Prior judicial oversight is a key safeguard ensuring that the state's powers are exercised lawfully, justifiably, and with full respect for the privacy of every individual. For this reason, explicitly providing for such oversight in the law is entirely justified - Vesković emphasized.
Regarding the Law on Internal Affairs, she added that it is of particular importance, as also stipulated in the Agreement between the Government and the opposition, to improve the provisions governing the procedure for establishing and the composition of the Commission for the Assessment of Security-Related Obstacles.
- The objective of these amendments should be to ensure the Commission’s full political independence and to prevent potential abuses in the future. It is particularly important to strengthen mechanisms that will guarantee the constitutionally protected right to defence and respect for the presumption of innocence in proceedings before this Commission - Vesković stated.
She also emphasized that the provisions of both laws should be fully aligned with the legal standards of the European Union, primarily with the EU General Data Protection Regulation (GDPR) and the EU Law Enforcement Directive (LED).