SUPREME SECURITY COUNCIL REFORM CONCEPT (Draft) I. GENERAL 1.

Since its independence, the Republic of Moldova has put before itself a number of objectives essential to its existence as a state, including an efficient securit s stem to ensure the safet of its citi!ens and respect for fundamental rights. ". #eading to$ards %uropean integration, Moldova has proposed itself to fulfill the criteria for accession to the %&, including those related to the operation of effective state institutions guaranteeing democrac , the rule of la$ and human rights and the implementation of %uropean la$s and practices reflected in the ac'uis communautaire. (. )lthough the securit sector remains on the level intergovernmental cooperation in %urope, the Securit Strateg of the %uropean &nion is a model of guidance for legislation of the Republic of Moldova. *. +iven the %uropean polic documents and those adopted at national level, including the ,ational Securit Strateg and the -rogramme of the +overnment of the Republic of Moldova .%uropean /ntegration0 1reedom, Democrac , 2elfare "3114 "31*., this concept $as developed. II. SITUATION AND DESCRIPTION OF PROBLEM DEFINITION 5. 6he 7onception of the Supreme Securit 7ouncil (SS7) reform is a complex of objectives, directions, tas8s and mechanisms that $ill contribute to improving the current s stem formed to coordinate activities of national securit in the regional and global geopolitical context. 9. 6he Republic of Moldova has embar8ed on the securit sector reform issue $ith the objective to ensure the securit and stabilit of the individual, societ and the state. 6he reform of the sector reform is a complex process, affecting the entire national securit s stem, including state and non4state institutions. :. ;ased on the advanced standards and practices implemented in %& countries, SSR provides0 a) /ncreased efficienc of the securit sector, b) 6he capacit to anal !e and react to changing securit environment sector at national and international c) %ffective prevention of conflicts, crisis, emergenc d) %nsuring civilian oversight of the securit sector, e) /mprove strategic planning capabilities, etc. <. 6he implementation of the reform comprises t$o levels0 the political level, $hich provides efficient management of the national securit sector, and operational level, aimed at raising the level of functional competence, strengthening the institutional and staff capacit of securit sector structures.

=. 7urrentl , the state components that are responsible for the securit sector polic and strategic coordination are the -arliament, the -resident of the Republic of Moldova and the +overnment. 6he -arliament exercises legislative regulation in ensuring state securit creating the legal basis for the activit of speciali!ed bodies and ratifies international treaties on state securit . 6he -resident of the Republic of Moldova, the head of state and guarantor of sovereignt , reali!es the general leadership of the activit aimed to ensure state securit and public enforcement cooperation coordinates. 6he +overnment ensures the enforcement of la$s and decrees of the -arliament and the -resident of the Republic of Moldova in the field of public authorities and ta8es necessar decisions in this field. 13. /nstitutionall , the -resident of the Republic of Moldova is the authorit vested $ith po$ers to promote national securit polic and coordination activit of the state securit organs. #o$ever, to effectivel manage the s stem, and to coherentl formulate in the area of national securit , it is necessar that all contributions and activities of national securit institutions to be coordinated, s stemati!ed, anal !ed, and their implementation is monitored properl b the -resident>s administration. /n order to ensure the necessar capacities to reali!e these attributions, the -resident can create advisor bodies. 11. 6hus, immediatel after the proclamation of the independence of the Republic of Moldova, 6he -resident has issued the Decree no 19" of 3:?"3?1==1, to coordinate the actions aimed at ensuring the securit , independence and territorial integrit of the state, creating the Supreme Securit 7ouncil. @ater, in the frame of creating the national legal s stem on the state securit domain, the @a$ no 91< of 13?(1?1==5 establishes the competences of the SS7 as the consultative bod that anal !es the activit of the ministries and of other central administration authorities of the national securit sector and ma8es recommendations to the -resident of the Republic of Moldova in issues of internal and external polic of the state. )ccording to the @a$ no. "1" of 39?"*?"33*, in the declaration of the under siege state, under the Decree of the -resident of the Republic of Moldova, in order to plan, organi!e and coordinate the activities of defense, the Supreme Securit 7ouncil of Securit transforms in the Supreme Defense 7ouncil. 6he decisions of the Supreme Defense 7ouncil are executor. 6he activit of the Supreme Securit 7ouncil is regulated b the Regulation approved b the Decree of the -resident of the Republic of Moldova no. ((1 of 13?3<?1==:. 1". 1or "3 ears since its foundation, though it has $or8ed on different levels of intensit , it had never had a proper regulation of its role in the securit sector. 6he importance and the implementation of its decisions depended on the political factorA this situation has impacted its unbalanced de facto role in the period before "33=. 1(. 6he studies that have been conducted on the subject sho$ that the actual model of organi!ation and activit of the Supreme Securit 7ouncil of the Republic of Moldova does not ans$er the interests of the national securit of the Republic of

Moldova and that none of the major problems of the sector have been solved in the period of its activit . 1*. 6he Reform shall ta8e a complex of political, legal and organi!ational measures oriented to a 'ualitative reorgani!ation of the activit of the 7ouncil and of its Service, to meet the actual conditions and geopolitical as $ell as social4political perspectives. 15. 6he evolution of international securit in the conditions of globali!ation, terrorist threats and the gro$ing role of the informational technologies prove that the national securit becomes an even more complex issue and does not limit itself to the state militar defense and counter espionage activit , but becomes a priorit for a sustained development of the state. /n this context, there is an urgent need of coordination of efforts to ensure the national securit , especiall due to the complexit of this issue and to the multitude of ris8s and threats that concern the Republic of Moldova. 6hus, the role of the SS7 needs to be revised according to the democratic standards, through the reform of its structure, composition and functions to meet benchmar8ing practices of the %uropean &nion. 6hat $ould permit to ma8e more effective the functioning of the securit s stem of the Republic of Moldova. 19. #ence, the SS7 reform is conditioned b the follo$ing factors0 a) 6he imperfection of the legal frame$or8 of the activit of the SS7, the legislative regulation being too general. 6here is a need of a @a$ that $ould regulate the role, the structure and the functions of the 7ouncilA b) 6he necessit to correlate the role of the SS7 $ith the provisions of the ,ational Securit Strateg (,SS), recentl adopted, that provides a consolidation of the role of the SS7 and grating it deliberative functions, the coordination and creation of policies in the field of securit and defense, $hich are not integrated in the legal provisions regarding the SS7A c) 6he evolution of the s stem of international securit , the ne$ threats to the securit of the person, the societ and the state that emergeA d) 6he necessit of ne$ approaches in the problems of territorial integrit , the identification of the solutions in fighting crime, possible ethnic relations tensions and of the polari!ation of the societ in general, energetic, ecological, informational and trans4border securit A e) 6he international commitments in the domain of securit and the role that the SS7 should have in their context (especiall , in the frame$or8 of the %& B Republic of Moldova /ndividual )ction -lan and the /ndividual -artnership )ction -lan Republic of Moldova 4 ,)6C). III. THE INSTRUMENTS AND THE MEANS OF REFORMING SSC 19. 6he experience of promoting similar reforms sho$s that the tend to succeed onl if the are directed to the entire s stem of national securit and if the $ould be continuous and coherent, dra$ing the full support of the political leadership

of the stateA this process $as initiated through the adoption of the ,ational Securit Strateg . 6he reform couldn>t ta8e place through singular and non4essential actions, pertaining the changing of the naming or of the number of staff of certain structures, nor through the adoption of some isolated and non B conceptual changes of legislation pertaining SS7>s activit . 1:. ) full reorgani!ation of the s stem of coordination and creation of securit and defense policies is necessar to achieve the results that are put for$ard b the reform, follo$ing these objectives0 a) 6he elaboration, promotion, adoption and implementation of the @a$ on the Supreme Securit 7ouncil, under the provisions of the ,SS. b) 6he modification to the legal frame$or8 of the activit of state securit authorities and of other related bodies in the context of the reform of the 7ouncil. c) 6he elaboration of a Regulation for the Service of the SS7 to ma8e it more efficient. d) 6he identification of possible sources to finance the reform of the SS7, especiall to enlarge the personnel and to moderni!e the technical means for its functioning. e) %nsuring the transparenc of the activit of reform of the SS7. IV. EVALUATION OF THE IMPACT OF THE SSC REFORM 1<. 6he implementation of the objectives implies the institution of a central coordination instrument on a ne$ 'ualitative level, in order to guarantee a s nchroni!ation of the activities of the national securit sector, crisis management and of strategic planning. 6he implementation of the objectives of the reform of SS7 $ill result in0 a) 6he adjustment of the frame$or8 and intervention methods of the SS7 according to the %uropean and /nternational practices. b) 6he optimi!ation of the activities of SS7 as an efficient, collegial institution $ith deliberative functions. c) /ncreasing the institutional capacities to react, evaluate, plan and motivate the decisions on the securit and defense polic of the Republic of Moldova. d) 6he permanent anal sis of the national securit s stem and its adjustment based on the evolution of the ris8s and threats. e) 6he reali!ation of the interoperabilit and efficient cooperation bet$een the main institutions of the national securit sector, as $ell as regional and international cooperation in the securit field. f) 6he consolidation of the capacities of coordination, monitoring and planning for prevention and reaction in crisis situations. g) Cpen debates and reaching consensus on the most important subject on the securit issues.

h) 6he development of information and communication capacities, as $ell as active implication in the process of the elaboration of securit policies of the civil societ and the civil component of the securit sector. V. THE LIST OF THE LEGISLATIVE AND NORMATIVE ACTS THAT HAVE TO BE ELABORATED, ABROGATED OR MODIFIED IN THE CONTEXT OF THE IMPLEMENTATION OF THE REFORM 1=. 6o implement $ith success the present 7oncept, the follo$ing acts shall be elaborated and presented to be approved b the competent institutions0 1. 6he project of the @a$ on the Supreme Securit 7ouncilA ". 6he @a$ on the state securit ,r.91= of (1.13.1==5A (. 6he @a$ on the state securit institutions ,r. (*5 of (1.13.1==5A *. 6he @a$ on the national defense ,r. (*5 of "5.3:."33(A 5. 6he @a$ on the emergenc , siege and $ar regimes ,r. "1" of "*.39."33*A 9. 6he Decree of the -resident of the Republic of Moldova on the Regulations of the Supreme Securit 7ouncil ,r.((1 of 3<.13.1==:A :. Cther normative acts.