HRA protests the re-adoption of the laws on the Agency for National Security and on Internal Affairs, which curtail human rights in contravention of international standards and were drafted outside of democratic procedures and public debate.

Instead of uniting all forces behind the necessary progress in the rule of law and democracy required for European Union accession, the ruling majority parties are trading concessions and dividing the spoils of power at the expense of human rights and the public interest.

We recall that these laws enable:

• The Ministry of Internal Affairs to hire officials until the end of 2027 without oversight from the Human Resources Directorate, without a staffing plan, and without public advertisement — based on criteria set by the Minister through a commission he himself appoints — thereby opening the door to non-transparent and politically motivated hiring;
• The automatic removal of rank and termination of employment for police officers on grounds of alleged security impediments, without the opportunity to be heard or to mount a defence, and with retroactive effect;
• Determinations regarding security impediments to be made by a minister-appointed commission, in a secret procedure, without any obligation to obtain the opinion of the ANS, and with the possibility of basing decisions on unverified information;
• The application of the same regime to candidates for the Police Academy and police employment, notwithstanding earlier findings by the Ombudsman that such practice is incompatible with the Constitution and the European Convention on Human Rights.

Regarding the Agency for National Security:

• The ANS retains broad powers to access the databases of state bodies, administrative authorities, local self-government units and other entities without judicial oversight, despite recommendations by international bodies to introduce judicial control;
• The collection of citizens’ location data through electronic communications also remains outside judicial oversight, even though such data form an integral part of the right to privacy;
• The laws introduce the possibility of covert surveillance, observation and electronic searches in public spaces using technical means without judicial authorisation — thereby abolishing the prior requirement of judicial control over audio and video surveillance and increasing the risk of arbitrary interference with privacy;
• The Director of the ANS is granted broad discretionary authority to retire officials early outside the general rules, creating scope for abuse and political influence;
• The ANS is fully exempted from the public procurement system, further reducing transparency and oversight of public expenditure.

These provisions represent a serious step backwards in the protection of human rights, legal certainty and democratic oversight of the security sector.

Upon publication in the Official Gazette, HRA will initiate proceedings for a constitutional review of these laws.