K otázce právní regulace existence a činnosti zpravodajských služeb
On the matter relating to legal regulation of the existence and activities of the intelligence services

Summary/Abstract: The author deals with the legal regulation of the existence and activities of specific organs of the state – the intelligence services. He characterizes the specificity of the intelligence services consisting of the specificity of the subject matter, entrusted to their responsibilities and for authorization to use the specific means of getting information. He examines the forms of legislation whose legal form is historically new phenomenon (in the Czech Republic since 1991), and especially the question of the quality of content of legal regulation and defining the requirements for it. The author points out the diversity and multiplicity of differenced models of legal constitution of the intelligence services in connection with high resistance of harmonizing tendencies. He also highlights significant differences in the regulation of internal and external intelligence services arising from differences between the focus and the nature of their activities. He summarizes the requirements that should intelligence services legislation implement. The basic requirement is statutory regulation of the establishment, mandate, competence and external control. He summarizes opinions on the subject of the doctrinal area (DCAF), but also relevant Recommendations of the Parliamentary Assembly of the Council of Europe.

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