Security laws must comply with EU standards

Harmonization of the Laws on Internal Affairs and the National Security Agency with the EU acquis is essential for legal certainty and European integration. Proceeding from the principle of the rule of law and the obligations that Montenegro has in the process of accession to the European Union, the non-governmental organization EU Harmonija expresses concern regarding the European Commission’s assessment that the proposed amendments to the Law on Internal Affairs and the Law on the National Security Agency are not fully aligned with the EU acquis, particularly in the part relating to the protection of personal data. Within the framework of the negotiation process, especially in Chapter 24 – Justice, Freedom and Security, the alignment of national legislation with European standards represents a fundamental prerequisite for building a functional, transparent, and democratic security system. We believe that normative solutions governing the work of police and security structures must be fully harmonized with European standards, including the General Data Protection Regulation (GDPR) and the Law Enforcement Directive (LED). Given the sensitivity of the processing of personal data in the security sector, it is necessary to ensure a high level of legal precision, transparency, and institutional safeguards in order to prevent potential abuses of authority and to protect citizens’ rights. In this regard, we consider that, in the interest of legal certainty and the credibility of the European integration process, it is necessary to achieve full alignment of the proposed legislative solutions with the EU acquis before their final adoption. EU Harmonija also emphasizes the importance of clear procedural safeguards, particularly with regard to merit-based recruitment in the police, as well as with regard to the dismissal of officials, which must be grounded in objective reasons while ensuring effective legal remedies. At the same time, we recall that the closing benchmarks for Chapter 24 entail strengthening institutional and human resource capacities to combat organized crime, money laundering, and other forms of serious crime, as well as ensuring effective border control. Normative reforms must therefore be accompanied by the strengthening of the professional capacities of institutions. EU Harmonija calls on the competent institutions, in cooperation with the European Commission, the professional community, and civil society, to further improve the proposed legislative solutions in order to ensure their full alignment with European standards and to secure a stable legal framework for the functioning of the internal security system in Montenegro. The consistent application of European legal standards remains a key condition for strengthening the rule of law and building institutions that operate professionally, lawfully, and in the interest of citizens.