Parliamentary Oversight mechanisms and models TEODORA FUIOR

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Geneva Centre for the Democratic Control of
Armed Forces (DCAF)
Parliamentary Oversight
mechanisms and models
TEODORA FUIOR
Definition and functions
The review, monitoring and supervision of
government and public agencies, including
the implementation of policy and legislation
– To detect and prevent abuse, arbitrary behaviour and
illegal action
– To hold the government to account on how the public
money is used
– To monitor the achievement of goals set by
legislation and government’s own programmes
– To improve transparency and enhance public trust
2
WHO plays a role?
External Actors
Civil Society
Independent bodies
Judiciary
Parliament
Executive
Security
Forces
3
HOW to oversee?
•
•
Proactive (police patrols)
– Committee own initiative: to detect, to remediate,
to discourage, to prevent
– Formal reporting requirements, visit sites,
hearings of officials or independent experts
– Continuous and organized
Reactive (fire alarms)
– Committee reacts to media revelations,
complaints, wrongdoings: to correct, to sanction
– Hearings and inquiries
4
WHEN to oversee?
1. Formulation
4. Evaluation
Ex-post
facto
Policy cycle
Ex-ante
facto
2. Approval
3. Execution
5
WHO oversees?
•
Government party
(Intra-party relations)
•
Opposition
(Inter-parties relations)
– Ensure access to oversight mechanisms:
committee leadership, initiation of inquiries,
initiation of motions
6
Types of
parliamentary oversight
How?
Proactive
Reactive
(police patrols) (fire alarms)
When?
Ex Ante
Ex Post
Who?
Intra-party
(government
party)
Inter-parties
(opposition)
7
Types of parliaments
Strong legal Weak legal
powers
powers
Many
resources
TRANSARENA
FORMATIVE
Little
resources
EMERGING
RUBBER
STAMP
8
German Bundestag
Transformative Parliament - strong legal
oversight powers, high ability for oversight
Defence committee
– based on Constitution
– Inquiry powers, subpoena powers
– Approves procurements > 25 m. Euro
Parliamentary Commissioner for the AF
Parliamentary Control Panel; G10
Budget Committee – “qualified freeze”
Prior Approval sending troops abroad
Access to classified information
9
Romanian Parliament
Transition Parliament: strong legal oversight
powers, low ability for oversight
• Approves Security Strategy and White
Paper of Defence
• Intense legislative activity
• Defence committee
– Wide mandate: all security sector agencies
– MPs vetted to get security clearance
• Committees for intelligence oversight
• Prior approval for coalition operations
• Budget Law approval
10
British Parliament
Arena Parliament: Weak legal oversight
powers, high ability for oversight
•
•
•
•
Questions and Answers sessions
Lively parliamentary debates
No approval for sending troops abroad
Control over budget execution: National
Audit Office
• Access to classified information given upon
the consideration of Government
• Committees influence politics through
public reports and recommendations
• Strong parliamentary research services
11
DCAF IPU Handbook
• DCAF IPU
Handbook on
Parliamentary
Oversight of the
Security Sector
www.dcaf.ch
12
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