5. STATE INTELLIGENCE SERVICE¹

1. Legal Basis

   State Intelligence Service bases its activity on the law no. 8391, date 28/10/1998 "On the State Intelligence Service".

2. Mission and Function

   According to Article 1 of this law, the State Intelligence Service is an intelligence organ of the state with national security functions.

   State Intelligence Service has the following duties:

   • collect information from abroad for the purposes of national security;
   • undertakes intelligence activity for purposes of the protection of integrity, independence and constitutional order;
   • collect information in regard to terrorist activity, production and trafficking of narcotics, in regard to production of weapons of mass destruction as well as crimes against the environment;
   • collect information in regard to organized crime that endangers the national security.
3. Institutional Position of the State Intelligence Service and relationship with other state bodies.

   State Intelligence Service is under the authority of the Prime Minister. Its Head is appointed and dismissed by the President of the Republic with the proposal of the Prime Minister.

   Article 9 expressly states that State Intelligence Service does not carry activities of a military or police character. Nevertheless, article 3 paragraphs 4 and 5, specify that SIS has several duties in respect to rule of law and order.

   It is interesting to note that the law in its article 6 provides for a close relationship and co-operation between that Head of Service and Prosecutor General. The Attorney General has to approve the working procedures of the State Intelligence Service. Such procedures deal with:

   • the way how the information is collected;
   • the use of physical and electronic controls;
   • the ways of securing and protecting the sources of information;
   • the ways of verifying the information and its sources;
   • the collection of information from persons that are to be sources of information.

   A permanent Subcommittee in the Parliament also supervises the activity of the State Intelligence Service. The Head of service reports in front of this subcommittee at least once a year. (Article 7)

   The Council of Ministers supervises the State Intelligence Service activity by appointing a General Inspector. This general Inspector is under the authority of both Prime Minister and Head of the Service. So far this position has been a source of conflict between the prime Minister and the Head of the State Intelligence Service but this was more due to personal relationships than of a legislative gap or failure.