Parliaments on a Special Mission : Oversight of Implementation of Special Investigative Measures
Parliaments on a Special Mission : Oversight of Implementation of Special Investigative Measures

Author(s): Katarina Đokić
Subject(s): Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Criminal Law, Human Rights and Humanitarian Law, Security and defense, EU-Accession / EU-DEvelopment, EU-Legislation, Corruption - Transparency - Anti-Corruption
Published by: BCBP Beogradski centar za bezbednosnu politiku
Keywords: Special Investigative Measures (SIM); Privacy intrusion; Human rights; Corruption; Terrorism; Organized crime; Criminal investigation; National security; Council of Europe; Secret surveillance
Summary/Abstract: Special Investigative Measures (SIM) are tools used by security and intelligence actors for criminal investigations and national security protection. These measures, characterized by their secretive nature, include activities like covert surveillance of communications, monitoring public and private spaces, and accessing personal data records. While essential for addressing modern security threats such as terrorism and organized crime, SIM pose significant risks to privacy and human rights, necessitating robust legal regulation and external oversight to prevent abuse. The oversight of SIM varies across European countries, with legislative and institutional frameworks designed to monitor their application. However, European guidelines like the Council of Europe’s 2005 recommendations and EU directives emphasize judicial or independent body oversight without explicitly requiring parliamentary involvement. These measures advocate for legislative controls, approval by judicial or independent bodies, and continued oversight during and after SIM implementation to safeguard against misuse. This paper reviews European practices in SIM oversight, focusing on trends and factors affecting effectiveness without delving into exhaustive classifications or analyses. It highlights the need for balancing security objectives with the protection of fundamental rights.

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