Today, the Government submitted to the Assembly the Proposal for Amendments to the Law on the National Security Agency (ANB), with the aim, as explained, of establishing a new institute of a special controller instead of the current inspector general.
The Government submitted the Proposal a day after the decision of the Administrative Court to annul the Government's decision by which Artan Kurti was relieved of his duties as Inspector General of the National Security Agency and the case was sent back for retrial.
The executive authority proposed the adoption of amendments to the Law under an urgent procedure, explaining that the Institute of the General Inspector failed "to meet the needs of effective control of the body responsible for national security affairs".
In the explanation of the proposed changes to the Law, it is written that the current Law on ANB, in Article 40, foresees that the internal control of the work of the National Security Agency is the responsibility of the Inspector General, who is appointed and dismissed by the Government for a period of five years, with the possibility of re-appointment.
"The subject Institute of the Inspector General, as a key figure in the Agency's internal control, in practice found itself in a gap between its powers and responsibilities on the one hand and responsibility on the other, and failed to meet the needs of effective control of the body responsible for national security affairs. Previously, especially for the reason that the position of the inspector general is not provided for in the Cabinet of the Prime Minister, but in the Act on the internal organization and systematization of the Agency, which undoubtedly results in the question of the inspector general's impartiality when performing internal control of the Agency", it says in the explanation.
Previously, as it is added, it led to a situation where the institute of the Inspector General for the internal control of the work of the Agency, exclusively provided for by law, has no clear positioning within the Government system.
"In this way, it has not been established what rights the inspector general has, and the rights in the part related to the coefficient of complexity of work have not been specified. Bearing in mind the above, the main goal of the adoption of the Bill in question is the establishment of a new institute of special controller, which will be responsible to the needs of efficient, timely, proper and responsible performance of the Agency's internal control", it is stated.
The Government believes that the amendments to the Law, along with the harmonization of the act on the internal organization and systematization of the ANB and the regulations governing the Cabinet of the Prime Minister, "will contribute to the establishment of a clear division of duties, powers and responsibilities within the Agency's internal control system", as well as to the formation of a clear connection between the person performing internal control of the work of the Agency and the Government that appointed him and the positioning of the person performing internal control within the Government system.
In the explanation of the changes, it is stated that, since the existing law did not regulate issues related to the rights and obligations, as well as the salary coefficient of the former inspector general, and now the special controller, the Government proposes that the Assembly, in accordance with Article 151 of the Rules of Procedure, adopt this law under an urgent procedure , "to protect the rights that this named person should have".
"Having regard to the judgment of the Administrative Court, which indicates, among other things, that the current text of the Law on the National Security Agency does not regulate the issue of the termination of the mandate, we started to regulate the mentioned issue as well. Therefore, we consider it justified that the proposed regulation be adopted under an urgent procedure", it is written in proposed changes.
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