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NATIONAL SECURITY

The Security Structure of Romania

The Supreme Council of National Defence

The Supreme Council of National Defence is the autonomous administrative authority invested, according to the Constitution (art. 119), with organizing and coordinating in a unitary fashion the activities that pertain to national defence and safety, the participation in maintaining international security and collective defence within the systems of military alliance, as well as peacekeeping and peace restoration actions.

The activity of the Supreme Council of National Defence is subject to paliamentary oversight.

The Supreme Council of National Defence is composed of: the President of Romania who holds the position of Chairman of the Supreme Council of National Defence, the Prime Minister of Romania’s Government who holds the position of Vice Chairman of the Supreme Council of National Defence, the Minister of Defence, the Minister of Administration and the Interior, the Minister of Foreign Affairs, the Minister of Justice, the Minister of Economy and Commerce, the Minister of Public Finances, the Director of the Romanian Intelligence Service, the Director of the Foreign Intelligence Service, the Chief of the General Staff and the Presidential Adviser on National Security.

The Secretary of the Supreme Council of National Defence is appointed by the President of Romania and has the rank of State Councilor within the Presidential Administration.

The Supreme Council of National Defence is convened by the President of Romania on a quarterly basis or whenever it is deemed necessary.  

In exercising its prerogatives, the Supreme Council of National Defence issues decisions, in accordance with the legislation, which are mandatory for the public administration authorities and the public institutions which they refer to. The latter are responsible, in accordance with the legislation, for the measures taken with a view to their application.

The activity of the Council is carried out on the basis of the annual program drawn up by the Secretariat and approved during the last meeting of the current year for the next year.

The Parliamentary Oversight

The Commitees for Defence, Public Order and National Safety of the Senate and the Chamber of Deputies

The Commitees for Defence, Public Order and National Safety are specialized bodies of the Parliament which endorse and formulate recommendations addressed to the plenary assembly in regard to laws and decisions related to national security and security of the citizen.

The commitees have oversight and investigation prerogatives of the main issues pertaining to public policy, defective administration, corruption accusations and scandals.

In this case, the main prerogatives are the following:

According to the law, the Commitees for Defence, Public Order and National Safety from the Senate and the Chamber of Deputies can exercise parliamentary oversight of the activity of all the institutions within the National Defence System: the Romanian Intelligence Service, the Foreign Intelligence Service, the Protection and Guard Service, the Ministry of the Interior and Administrative Reform or the Ministry of Defence. The committees exercise their mandate without exceeding the term in office of the legislature during which they have been appointed.

Joint Committees of the Chamber of Deputies and the Senate:
a) The Special Committee of the Chamber of Deputies and the Senate for Parliamentary Oversight of the Activity of the Foreign Intelligence Service

The activity of the Foreign Intelligence Service is organized and coordinated by the Supreme Council of National Defence. The Supreme Council of National Defence endorses the organizational structure, the peace and mobilization strengths, the functioning regulations and the prerogatives of the Foreign Intelligence Service. The Director of the Foreign Intelligence Service submits to the Supreme Council of National Defence, on an annual basis or whenever it is deemed necessary, reports regarding the fulfillment of the prerogatives he has been entrusted with. The oversight of the activity of the Foreign Intelligence Service  is exercised by Romania’s Parliament, through the special parliamentary committee, all the while respecting the secret on the means and sources of information. The special committee is made up of three deputies and two senators elected from within the Committees for Defence, Public Order and National Safety of the two Chambers.

b) The Joint Committee of the Chamber of Deputies and the Senate for Parliamentary Oversight of the Activity of the Romanian Intelligence Service

In order to exercise parliamentary oversight of the activity of the Romanian Intelligence Service, a joint permanent Committee of the Chamber of Deputies and the Senate has been established, comprising 7 deputies and 2 senators. In exercising its legal prerogatives, the Committee can request reports, informative documents and written clarifications from the Romanian Intelligence Service, and it can hear persons in relation with the issues under discussion.

The committee is authorized to oversee the observance by the Romanian Intelligence Service of the constitutional provisions and of the other laws, also examining the cases when breaches of such acts have been reported. The committee also oversees the way in which the funds allocated from the Budget to the Romanian Intelligence Service are used.

The Protection and Guard Service

About the Protection and Guard Service

The Protection and Guard Service is a state body with prerogatives in the field of national safety, specialized in providing protection for Romanian dignitaries, foreign dignitaries during their stay in Romania, and their families, within its legal competence, as well as in guarding the offices and residences of the above-mentioned dignitaries, according to the decisions of the Supreme National Defence Council.    

Establishment

On 26 December 1989 there was established a group of four officers from the Ministry of National Defence, with the mission of providing protection for the leadership of the National Salvation Front Council. The Special Unit of Guard and Protocol was established by Decree no. 204 of 7 May 1990. 

History; legal framework

By Decree no. 204 of 7 May 1990, the Provisional Council of National Unity established the Special Unit of Guard and Protocol (USPP), subordinate to the Ministry of National Defence (as a component of the Guard Brigade), with the mission of providing protection and guard for the Romanian dignitaries and the foreign dignitaries visiting Romania. Once Law no. 51/26 July 1991 on the national safety of Romania was promulgated, USSP changed its name into THE PROTECTION AND GUARD SERVICE (SPP), becoming a state body „with prerogatives in the field of national safety”. The activity of the institution was carried out on the basis of the Regulations approved by the Supreme National Defence Council on 15.11.1991.

In 1998, the law on the organization and functioning of SPP was promulgated (Law no. 191/1998).

As of 1998, our institution has been one of the founding members of the ASSOCIATION OF PERSONAL PROTECTION SERVICES, an association established in Israel on the occasion of the IVth Conference of the Protection Services.

Law no. 191/1998 on the organization and functioning of the Protection and Guard Service was amended by Emergency Ordinance no. 103/2002.

In 2003, by Law no. 67/2003, Law no.191/1998 on the organization and functioning of the Protection and Guard Service was approved with amendments.      

Missions

The Protection and Guard Service has the following missions: providing protection for Romanian dignitaries, foreign dignitaries during their visits to Romania, and their families, within its legal competence; providing security and guard for offices and residences.

The Supreme National Defence Council, by the Regulations of organization and functioning, decides upon the persons entitled to be protected and the objectives to be guarded by the Protection and Guard Service.       

Moreover, the Protection and Guard Service organizes and carries out activities in order to prevent and counter any actions that might represent attempts on the life, physical integrity, freedom of movement or health of the persons whose protection is provided by the Service.

In order to carry out the missions it is entrusted with by law, the Protection and Guard Service works together with the Ministry of National Defence, the Ministry of the Interior and Administrative Reform, the Romanian Intelligence Service, the Foreign Intelligence Service, the Special Telecommunications Service, other ministries and structures of the central and local public administration.  

Missions abroad

In 2004, the United Nations (the Department of Safety and Security) signed a Memorandum with the Protection and Guard Service for the purpose of providing protection for the UN officials who work in the theatres of operations in Sudan and Afghanistan. The Protection and Guard Service has deployed 6 protection teams for the UN officials and 59 Romanian officers have carried out missions in Sudan and Afghanistan so far.

Three missions are currently under way, 36 SPP officers being on duty in the aforementioned countries. The missions performed by the SPP officers in partnership with the UN (2004-2007) are the following:


The Foreign Intelligence Service

The Foreign Intelligence Service is the state body specialized in collecting from abroad intelligence relevant to the national security, the protection of Romania and its interests.

The Foreign Intelligence Service is organized and works as an autonomous administrative authority. Its organizational structure, staffing, rules of functioning and tasks are approved by the Country’s Supreme Defence Council.

The Foreign Intelligence Service conducts its activity in keeping with the Constitution of Romania, the country’s laws and the decisions of the Country’s Supreme Defence Council. The oversight of the SIE activity is exercised by the Parliament of Romania.

Overview of the legal frame: Law no. 51/1991 on the national security of Romania, Law no. 1/1998 on the organisation and functioning of the Foreign Intelligence Service, the Decision of the Romanian Parliament no. 44/1998 on the establishment, organisation and functioning of the Special Parliamentary Commission for Overseeing the Foreign Intelligence Service, the legislation on the protection of national and NATO classified information.

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