Zur Diskussion um einen Nationalen Sicherheitsrat
Dieses Dokument ist Teil der Anfrage „Unveröffentlichte Ausarbeitungen des Wissenschaftlichen Dienstes“
Wissenschaftliche Dienste Dokumentation Seite 11 WD 2 - 3000 - 056/22 the security services represented in the Coordination Committee, formulates and prepares pro- posals to the Council that fall within the scope of the Council’s tasks, and coordinates the execu- tion ofthe decisions of the Council.” According to Article 12 of Royal Decree of 22 December 2020, the permanent members of the Co- ordination Committee for Intelligence and Security or simply “the Coordination Committee” are: - the Administrator General of the Security of the State (VSSE), being the civil intelligence and security service; - the Head ofthe General Intelligence and Security Service of the Belgian army (ADIV - SGRS); - the Commissioner-General of the Federal Police; the Director of the Coordination Unit for Threat Analysis (CUTA); - the Director-General of the National Crisis Centre; - the chairman ofthe Management Committee of the Ministry of Foreign Affairs; - arepresentative ofthe College of Prosecutors General; - the Federal Public Prosecutor; - the chief of defense; - the Director of the Centre for Cybersecurity Belgium.?? Non-permanent members can also be invited to participate in the meetings ofthe Coordination Committee. These include for example the Director-General of the General Directorate for Air Transport and Maritime Transport of the Ministry of Mobility and Transport, and the chairman of the Financial Intelligence Processing Unit, as well as any other government department if rele- vant dossiers are under consideration.”” In the event of a change of government, the composition of the Coordination Committee remains unchanged. The presence of a number of permanent members, such as the Administrator General of the Security ofthe State (VSSE) and the Head of the General Intelligence and Security Service of the Belgian army (ADIV - SGRS), can contribute to the continuity ofthe National Security Council in questions of foreign policy. In fact, one of the Coordination Committee's tasks is to for- mulate proposals to the National Security Council that fall within the scope of the Council’s tasks. Furthermore, the chairman of the Coordination Committee takes part in the Council’s meet- ings in an advisory capacity, unless the chairman ofthe Council decides otherwise. On these occasions, he may be assisted by other (permanent or non-permanent) members of the Coordina- tion Committee when their expertise is necessary for the discussion of certain items on the agenda. Weiterführende Links und Literatur: 21 Ebd. 22 Ebd. 23 Ebd.
Wissenschaftliche Dienste Dokumentation . Seite 12 WD 2 - 3000 - 056/22 ° e FPS Chancellery of the Prime Minister, Directorate-General for Secretariats and Coordina- tion, https://kanselarij.belgium.be/en/organisation/ directorate-general-secretariats-and- coordination. 3.2. Dänemark The Danish Government’s Security Committee was founded in the early 1950s. The function of the Committee is to exchange information about the most important matters with regard to na- tional security. Information to the Security Committee can be presented in. written or verbal form. The committee meets when it is deemed necessary, and the work of the committee is strictly con- fidential. The Security Committee is not competent to make legally binding decisions, It is up to the rele- vant ministers to take action with regard to what has been discussed within the committee. The Security Committee is chaired by the Prime Minister, and consists of the Minister for Fi- nance, the Minister for Foreign Affairs, the Minister of Justice and the Minister of Defence. In reaction to the tsunami in Thailand and an explosion at a fire-works factory in Denmark, an additional crisis management system was created in 2005. The crisis management system has not been established by law, but is rather part ofthe National Emergency Plan with its procedures detailed in separate plans. The management is done by the National Operational Staff and is based on the principle of the Emergency Response Act, meaning that the police coordinates the authorities overall effort. Other rules of procedure are agreed between the authorities or deter- mined by the ministries. Within the crisis management system every authority on all levels (central government, regional, and local) has to familiarize and prepare itself for its respective roles and responsibilities. The cross-sectorial coordination can take place on five levels: the Government Security Committee, the Senior Officials’ Security Committee, the National Operational Staff, the 12 local operational staffs, and the local incident command in the response area. The National Operational Staff is chaired by the Danish National Police with the intelligence ser- vices as permanent members. Other authorities can be involved as members if need be. The Na- tional Operational Staff is not an authority but a forum for coordination, and therefore not af- fected by a change of government. Its secretariat is staffed 24/7 and monitors events and develop- ments. The National Operational Staff will be activated when there is a need for coordination or exchange of information. It must, among other tasks, ensure that the government’s crisis manage- ment organization and the relevant sectors and authorities continuously possess relevant, coordi- nated, and precise information concerning the specific response (e.g. situation reports) necessary for decision-making. The National Operational Staff does not deal with arms exports. It will have a coordination role in the Host Nation Support in case of larger NATO deployments of the armed forces in Denmark.
Wissenschaftliche Dienste Dokumentation Seite 13 WD 2 - 3000 - 056/22 Each individual authority involved has and maintains full responsibility for managing the re- sponse within its own sector. Likewise, each individual authority is responsible for informing its own organization and relevant actors, as well as for communicating to the public. The National Operational Staff secures cross-sectorial coordination and mutual orientation. The Central Operational Communication Staff (DCOK) is a staff under the National Operational Staff. DCOK is responsible for ensuring the quick distribution of relevant, accurate, correct, and coordinated information to the public and to the media concerning the situation and possible precautionary measures. DCOK participants must mirror the composition of the National Opera- tional Staff. Weiterführende Links und Literatur: e SuneJ. Andersen/Martin Ejnar Hansen/Philip H. J. Davies, “Oversight and governance of the Danish intelligence community”, Intelligence and National Security 37 (2022), https://doi.org/10.1080/02684527.2021.1976919, S. 241-261. e Ronn Shakoor/Daniel Tallat, “The Intelligence Cycle in Denmark, Unwinding and recon- ceptualising the Process of formulating Intelligence: Requirements surrounding the Mid- dle East in the Danish Defence Intelligence Service”, Odense 2021, https://doi.org/10.21996/pvOw-9j13. 3,3. Frankreich France has a National Defense and Security Council (CDSN) created by decree of 24 December 2009. This decree has been codified in articles R.1122-1 to R.1122-10 of the Defense Code.” Its structural origins can be traced back to the Superior Council of National Defense, which was cre- 'ated in 1906. Depending on the constitutional framework and political practice, this security structure was either attached to the President of the Republic or to the Prime Minister. It dealt either only with international and defense issues, or also with internal security issues.” The CDSN defines the guidelines for the military programme, deterrence, conduct of external op- erations, the planning of responses to major crises, intelligence, economic and energy security, as well as for the internal security programme contributing to national security and the fight against terrorism.”° The CDSN is chaired by the President of the Republic and is further comprised of the Prime Minister, the Minister of Defence, the Minister of the Interior, the Minister responsible for 24 Cöde de la defense, Art. R.1122-1 - R.1122-10, hitps://www.legifrance.gouv.fr/codes/id/LE- GISCTA000021544354/2010-01-13. 25 Elysöe, Defence and National Security Council, https://www.elysee.fr/en/french-presidency/defence-and-na- tional-security-council, . 26 Code de la defense, Art. R.1122-1, https://www.legifrance.gouv.fr/codes/id/LEGISCTA000021544354/2010-01-
Wissenschaftliche Dienste Dokumentation Seite 14 WD 2 - 3000 - 056/22 the Economy, the Minister responsible for the Budget, the Minister of Foreign Affairs, and if nec- essary other ministers for matters falling within their responsibility.?” The secretariat ofthe CDSN is staffed by the Secretary General for National Defence and Secu- rity?°,2° The secretariat of the CDSN (SGDSN) is part ofthe department of the Prime Minister. In accordance with the directives of the President of the Republic and the Prime Minister, the SGDSN prepares in liaison with the relevant ministerial departments the meetings of the CDSN. It provides statements of decisions taken and monitors their execution. The SGDSN assists the Prime Minister in the exercise of his responsibilities in matters of Defence and National Security. In this capacity, the SGDSN: - leads and coordinates inter-ministerial work related to National Defence and security pol- icy and attributed public policies; - monitors, in liaison with the corresponding ministerial departments, the evolution of in- ternational crises and conflicts that may affect France's Defence and National Security in- terests, and studies the measures that may be taken. It prepares and conducts international negotiations or meetings concerning National Defence and Security and monitors their re- sults; - _proposes, disseminates, enforces and monitors the measures necessary to protect the se- crecy of national defence. It prepares inter-ministerial regulations in matters of Defence and National Security, ensures their dissemination and monitors their application; - in support ofthe national intelligence coordinator, it contributes to the adaptation of the legal framework in which the intelligence services operate and to the planning of their re- sources, and ensures the organization of inter-ministerial intelligence analysis and synthe- sis groups; - draws up inter-ministerial planning for National Defence and Security, ensures its appli- cation and conducts inter-ministerial exercises to implement it. It coordinates the prepara- tion and implementation of National Defence and Security measures incumbent on the various ministerial departments and ensures the coordination of civil and military re- sources in the event of a major crisis; - ensures that the President ofthe Republic and the Government have the necessary com- mand and electronic communication resources for National Defence and Security and en- sures their operation; - proposes to the Prime Minister and implements the Government's policy on the security of information systems. To this end, it has at its disposal a national service called the "Agence nationale de la s6curit& des systemes d'information"; 27 Code de la döfense, Art. R.1122-2, https://www.legifrance.gouv.fr/codes/id/LEGISCTA000021544354/2010-01- 13. 28 Secretariat du Conseil de Defense et de Securit& Nationale (SGDSN), http://www.sgdsn.gouv.fr/missions/assu- rer-le-secretariat-du-conseil-de-defense-et-de-securite-nationale/,- 29 Code de la defense, Art. R.1122-5, https://www.legifrance.gouv.fr/codes/id/LEGISCTA000021544354/2010-01- 13. .
Wissenschaftliche Dienste Dokumentation Seite 15 WD 2 - 3000 - 056/22 | - ensures the coherence of actions undertaken in the field of scientific research policy and technological projects of interest to Defence and National Security, and contributes to the . protection of strategic national interests in this field.°° The administrative continuity ofthe GSDN is assured by the SGDSN. However, there may be breaks in diplomacy and defence policy depending on changes in the political majority in Parlia- ment. The meetings ofthe National Defence and Security Council are at the discretion of the President ofthe Republic. Their frequency varies according to the circumstances and the subjects to be dealt with (e. g. terrorist attacks). Questions relating to intelligence are dealt with in a specialized formation of the CDSN, the Na- tional Intelligence Council.?' The National Intelligence Council defines the strategy and priorities in the field of intelligence. It plans the human and technical resources of the specialized intelli- gence services. The National Intelligence Council is chaired by the President ofthe Republic, and further consists ofthe Prime Minister, the ministers and the directors of the specialized intelli- gence services, whose presence is deemed necessary, as well as the National Intelligence Coordi- nator. The National Intelligence Coordinator advises the President of the Republic in the field of intelli- gence. With the assistance ofthe SGDSN, the National Intelligence Coordinator reports to the Na- tional Intelligence Council, preparing its meetings and ensuring the implementation of the deci- sions taken. The National Intelligence Coordinator is the communicative bridge between the President of the Republic and the Prime Minister and the heads of these intelligence services. The National Intelligence Coordinator may be heard by the parliamentary delegation for intelli- gence.’? The Nuclear Armaments Council is another specialized body of the National Defence and Secu- rity Council. The Nuclear Armaments Council defines the strategy and ensures the progress of nuclear deterrence programs. The Nuclear Armaments Council is chaired by the President of the Republic, and further consists of the Prime Minister, the Minister of Defence, the Chief of Staff of the Armed Forces, the General Delegate for Armaments and the Director of Military Applications ofthe Atomic Energy Commission.” Although the issue of arms sales can be raised at the CDSN meeting, it is the Prime Minister who is competent in this area, Export or transfer licences are examined by the inter-ministerial com- mission for the study of war material exports (CIEEMG). The CIEEMG, chaired by the Secretary 30 Siehe http://www.sgdsn.gouv.fr/. 31 Code de la defense, Art. R.1122-6 - R.1122-7, https://www.legifrance.gouv.fr/codes/id/LE- GISCTA000021544354/2010-01-13. 32 Code de la defense, Art. R.1122-8, https://www.legifrance.gouv.fr/codes/id/LEGISCTA000021544354/2010-01- 13, 33 Code de la döfense, Art. R.1122-9 - R.1122-10, https://www.legifrance.gouv.fr/codes/id/LE- GISCTA000021544354/2010-01-13.
Wissenschaftliche Dienste Dokumentation . Seite 16° WD 2 - 3000 - 056/22 General of Defence and National Security (SGDSN), is composed of representatives ofthe Minis- ter of Defence, the Minister of Foreign Affairs and the Minister of the Economy.”* According to the Defence Code, the decisions of the CDSN are not legally binding. However, in practice they are due to the great importance of the President of the Republic in French institu- tions. No text provides for parliamentary control, even though there is a "parliamentary delega- tion for intelligence” in charge of monitoring intelligence issues.” The meetings of the CDSN are often the subject of press releases, notably on the website of the Presidency of the Republic.°® But the documents of the CDSN are classified secret and are not communicable. Weiterführende Links und Literatur: «e Thibault Desmoulins, „La formalisation du presidentialisme sous la Cinquieme Re- publique: le Conseil de defense et de securite nationales”, in: Jus politicum. Revue de droit politique, (2021) 25, S. 221 - 254, http://juspoliticum.com/article/La-formalisation- du-presidentialisme-sous-la-Cinguieme-Republique-le-Conseil-de-defense-et-de-securite- nationale-1375.html. e Elysee, Defence and National Security Council, https://www.elysee.fr/en/french-presi- dency/defence-and-national-security-council. 3.4. Israel The Israeli National Security Council was established in 1999 based on Resolution No. 4889 by the Israeli government. In 2008, the National Security Council Law established the National Se- curity Council as the central body supporting the Prime Minister and the government in issues of foreign affairs and security of the State of Israel.” The head ofthe National Security Council is the National Security Adviser, who reports directly to the Prime Minister. The responsibilities of the National Security Council are set out in the Na- tional Security Council Law, and include, among others: - coordinating the work of the government and other bodies in matters of foreign affairs and security and preparing deliberations of the government and its committees in these topics; - monitoring the implementation of the decisions of the government and its committees and reporting their implementation to the Prime Minister; 34 Siehe hierzu http://www.sgdsn.gouv.fr/missions/ controler-les-exportations-de-materiel-de-guerre/. 35 Siehe hierzu https://www2.assemblee-nationale.fr/ 15/les-delegations-comite-et-office-parlementaire/delegation- parlementaire-au-renseignement. 36 Siehe hierzu https://www.elysee.fr/la-presidence/le-conseil-de-defense-et-de-securite-nationale. 37 Jewish Virtual Library, Israel Executive Branch: National Security Council, https://www.jewishvirtualli- brary.org/israel-national-security-council.
Wissenschaftliche Dienste Dokumentation Seite 17 WD 2 - 3000 - 056/22 - _proposing to the Prime Minister agendas and topics for discussion of the Ministerial Com- mittee for National Security Affairs, and of any other ministerial body related to foreign affairs and security and recommendation of participants and the rank of those summoned to take part in these discussions;. - preparing the assessment of the political-security situation and its submission to the Min- isterial Committee for National Security Affairs; - _preparing various other situation assessments regarding matters of foreign affairs and se- curity, including opinions and analysis in the various intelligence fields, as needed and with the Prime Minister's approval; - preparing the discussions on the defense budget, as well as any other budgetary sections that the Minister of Defense or the Minister of Foreign Affairs or the security bodies subor- dinate to the Prime Minister are in charge of, including formulating alternatives, accord- ing to priority orders reasoned with an overall vision. - activating the National Crisis Management Center in the Prime Minister's Office; - examining and suggesting updates of the security model of the State of Israel; - examining security projects of importance and presenting them to the government, the Ministerial Committee for National Security Affairs, or any other relevant body.°® .3,5. Italien The Italian National Committee for Law and Order (Comitato nazionale dell'ordine e’ della sicurezza pubblica; Cnosp) was established by Decree Law No. 626 in 1979 as part of a compre- hensive reform of the public security system, in view of the resurgence of criminal manifestations carried out by Mafia and terrorist associations. The committee should promote coordination of public order and safety issues. The functional and organizational autonomy of the police forces was not affected. The Cnosp found confirmation in Law No. 121 in 1981, which outlined the new architecture of the Public Security Administration. It is governed by Articles 18 and 19 of this law.?® The Cnosp is an auxiliary advisory body to the Minister of the Interior in matters of public order and security. Its composition is determined by Article 18 of Law 121/81. It is chaired by the Min- ister of the Interior. Other members are an Undersecretary of State for the Interior, appointed by the Minister, who is vice chairman, the Chief of Police, the Commander General of the Carabi- nieri, the Commander General of the Guardia di Finance, the Director General of the Prison Ad- ministration and the Director General of the State Forestry Corps.“ 38 Ebd. 39 Ministero Dell‘ Interno, Comitato nazionale dell’ordine e della sicurezza pubblica (Cnosp), https://www.in- terno.gov.it/it/ministero/comitato-nazionale-dellordine-e-sicurezza-pubblica-cnosp. 40 Legge 1 aprile 1981, n. 121 Nuovo ordinamento dell’Amministrazione della pubblica sicurezza, https: [I presi- denza.governo.it/USRI/ufficio studi/normativa/Legge 121 1 Aprile 1981.pdf.
Wissenschaftliche Dienste Dokumentation Seite 18 WD 2 - 3000 - 056/22 The Minister of the Interior may invite the directors general of the Ministry of the Interior, the Inspector General of the Harbour Master Corps and other representatives of the state administra- tion and the armed forces to attend meetings of the Cnosp; he may invite members of the judici- ‚ary to the meetings in consultation with the responsible state prosecutor.*! A senior official per- forms the functions of the secretary ofthe Committee.*? The Committee shall meet in all cases provided for by law and on any matter ofa general nature relating to public order and security, as well as in questions relating to the order and organization of police forces submitted to it by the Minister. Its advice is mandatory on: - regulations of general measures concerning police forces; _ - plans for the allocation of functional and territorial competencies to the police forces; - financial planning relating to the police forces; - the planning of logistical and administrative services of acommon character for the po- lice forces; - planning for the deployment and coordination of police forces and their technical ser- vices; - the general lines for the education, training and specialization of the police forces’ per- sonnel.“ The Committee shall be heard on the criteria for determining the armament provided to the Ad- ministration of Public Security and personnel in the roles of that Administration performing po- lice functions. . In Italy the intelligence services are separate from the police. There are two national intelligence services: the AISE — Agenzia informazioni e sicurezza esterna (External Intelligence and Security Agency)“ and the AISI- Agenzia informazioni e sicurezza interna (Internal Intelligence and Se- curity Agency).” A third body, the DIS Dipartimento informazioni per la sicurezza (Security In- telligence Department) ensures-the coordination between the AISE and the AISI. However, the heads of the intelligence services may attend meetings ofthe Cnosp to adopt joint policies on in- tersecting issues. There is no specific regime of control ofthe Cnosp. The ordinary rules of parliamentary control of government organs apply. There also is no specific legal obligation to make the Cnosp’s recom- mendations public. Minutes of committee meetings are not available on the Ministry of the Inte- rior website. Weiterführende Links: 41 Ebd. 42 Ebd. 43 Ebd. 44 Sicurezzanazionale, AISE, https://www.sicurezzanazionale.gov.it/sisr.nsf/chi-siamo/organi 45 Sicurezzanazionale, AISI, https://www.sicurezzanazionale.gov.it/sisr.nsf/chi-siamo/organizzazione/aisi.html.
Wissenschaftliche Dienste Dokumentation . Seite 19 WD 2 - 3000 - 056/22 e Ministero Dell‘ Interno, Comitato nazionale dell’ordine e della sicurezza pubblica (Cnosp), https://www.interno.gov.it/it/ministero/comitato-nazionale-dellordine-e-sicurezza-pub- blica-cnosp . 3,6. Kanada The National Security Advisor to the Prime Minister was created on December 12, 2003, “to im- prove coordination and integration of security efforts among government departments”. In the Prime Minister’s introduction to Canada’s National Security Policy,“ the following reasons are given for the creation of the National Security Advisor in the context ofan “increasingly complex and dangerous threat environment”: The horrific events of September 11, 2001, demonstrated how individuals could exploit such openness to commit acts of terrorism that attempt to undermine the core values of democratic societies. Those events were a stark reminder to Canadians of the tragic loss of 329 lives aboard Air India flight 182 in 1985. The recent SARS outbreak and the 2003 electrical blackout showed how our interconnect- edness to events originating elsewhere can have a major impact on the health and economic well-being of Canadians. And we continue to face more longstanding threats, such as orga- nized crime and natural disasters. [...] Working to prevent attacks like the one launched against commuter trains in Madrid re- quires a more integrated approach to national security — integrated inside the Government of Canada and with key partners. Such an approach will also help us to develop a long-term strategic framework to more effectively prevent and respond to other types of.security threats. In short, we need to take the historic step of issuing Canada’s first-ever comprehen- sive statement of national security policy which provides an integrated strategy for address- ing current and futyre threats to our country.” Canada’s National Security Advisor to the Prime Minister is an individual. In 2022, the Prime Minister announced changes in the senior ranks of the Public Service, among which was the ap- pointment of current Deputy Minister of National Defence as National Security and Intelligence Advisor to the Prime Minister (NSIA). Being part of the Privy Council Office (PCO), the NSIA is supported by several secretaries and one advisor to the Cabinet, as in the PCO Organization “ Chart.“ 46 Government of Canada, Securing an Open Society: Canada’s National Security Policy, April 2004, https://publi- cations.gc.ca/collections/Collection/CP22-77-2004E.pdf, https://orders-in-council.canada.ca/attachment.phpfat- tach=5389&lang=en. 47 Ebd. 48 Ebd.
Wissenschaftliche Dienste Dokumentation Seite 20 WD 2 - 3000 - 056/22 The NSIA has an Office within the PCO and has approximately 70 employees. The role is also supported by several secretaries and one advisor to the Cabinet as in the PCO Organization Chart, including the following: - Deputy Secretary to the Cabinet, Emergency Preparedness and COVID Recovery. - Assistant Secretary to the Cabinet, Emergency Preparedness, - Assistant Secretary to the Cabinet, COVID-19 Coordination, - Assistant Secretary to the Cabinet, Intelligence Assessment, - Assistant Secretary to the Cabinet, Security and Intelligence, - Foreign and Defence Policy Advisor to the Prime Minister, - Assistant Secretary to the Cabinet, Foreign and Defence Policy. The NSIA “meet(s) with the Prime Minister, his office, and Ministers on a regular basis to help shape the Government’s national security agenda and respond to emerging issues”. The NSIA has a coordinating role and the intelligence services have investigative and enforcement roles. The NSIA is an advisory body that: - provides policy and operational advice as well as intelligence to the Prime Minister and Cabinet on issues related to national security; - meets with the Prime Minister, his office, and Ministers on a regular basis to help shape _ the Government’s national security agenda and respond to emerging issues — everything from domestic terrorist incidents to international security crises; - convenes and helps coordinate the security and intelligence community. The NSIA is accountable to the Prime Minister, portfolio ministers, and Cabinet but is not subject to parliamentary control,°° Furthermore, the NSIA’s recommendations/decisions are not made public. Weiterführende Links und Literatur: e Government of Canada, Publications, https://publications.gc.ca/collections/Collec- tion/CP22-77-2004E.pdf. e Government of Canada, Speech by the National Security and Intelligence Advisor to the Prime Minister to the Centre for International Governance Innovation: National Security Challenges in the 21st Century, 8. Juni 2021, https://www.canada.ca/en/privy-council/ser- vices/national-security-intelligence-advisor-challenges.html. 49 Siehe hierzu Government of Canada, Speech by the National Security and Intelligence Advisor to the Prime Minister to the Centre for International Governance Innovation: National Security Challenges in the 21st Cen- tury, 8. Juni 2021, https://www.canada.ca/en/privy-councilservices/national-security-intelligence-advisor-chal- lenges.html. 50 Siehe hierzu Government of Canda, Raison d’ötre, mandate and role : who we are and what we do, https://www.canada.ca/en/privy-council/corporate/mandate.html.