Democratic Control of Intelligence Services by Born, Hans Born, Marina Caparini

By Born, Hans Born, Marina Caparini

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Sample text

The Need for Efficient and Legitimate Intelligence 27 yet fully established or working, both the essentials of a legal framework and for the democratic control of intelligence services will be presented. A Legal Framework for Intelligence Services Intelligence requires the enactment of a legal framework which must define the area of responsibility and authority of the services, the limits of their competence, the mechanisms of democratic control, as well as the legal means to deal with complaints in cases of violation of rights (Born and Leigh, 2005).

Within 3. 4. Principle 4, para. 4, ‘Security Services in a Constitutional Democracy’. Helsinki Foundation for Human Rights, Warsaw and the Center for National Security Studies, Washington. ‘Security Services in Civil Society: Oversight and Accountability’, Report of conference held 30 June – 2 July 1995, Warsaw. html. See the opinion in CNSS et al. vs DOJ, United States Court of Appeals, District of Columbia Circuit, 17 June 2003. edu/~cnss/. 5 The preceding discussion of the various accountability mechanisms related to security and intelligence agencies underlines the multiplicity of actors and mechanisms involved in control, oversight, and accountability.

See the opinion in CNSS et al. vs DOJ, United States Court of Appeals, District of Columbia Circuit, 17 June 2003. edu/~cnss/. 5 The preceding discussion of the various accountability mechanisms related to security and intelligence agencies underlines the multiplicity of actors and mechanisms involved in control, oversight, and accountability. It suggests that one should avoid focusing narrowly on legislation and other formal constraints and powers surrounding intelligence services, and pay greater attention to the wider environment of actual and potential accountability mechanisms.

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