Democratic Governance and Accountability: Judicial Control of Intelligence Activities (SDG 16.6)

Authors

  • Adriano J. Alfonso Rodríguez Doctor en Derecho. Juez (sustituto) Profesor Tutor UNED LUGO

DOI:

https://doi.org/10.5944/rduned.31.2023.37948

Keywords:

Spanish Intelligence Service; judicial controls, democratic oversight, civil rights; accountability

Abstract

Intelligence services have enjoyed greater immunity from accountability and close oversight than others agencies. All about them is secret, but this situation is not acceptable with the civil rights respect, accountability and the democratic oversight. Judicial control is an important piece but its true: intelligence services are not subject to the same rigors or to the same scrutiny as other parts of the government for example the police forces because there are two concepts: «national security» and «public safety». National security means diplomacy, defense o economic threat with an important link whit secret services and public safety means law enforcement, crime, penal procedure. In this stage, especially for the secret services, what type of Judge is necessary? What type of rules are necessary? Our country chose a Supreme Court Judge with a short scope of rules as a control system of secret services but it’s enough?

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Published

2023-07-17

How to Cite

Alfonso Rodríguez, A. J. . (2023). Democratic Governance and Accountability: Judicial Control of Intelligence Activities (SDG 16.6). Revista de Derecho de la UNED (RDUNED), (31), 55–111. https://doi.org/10.5944/rduned.31.2023.37948

Issue

Section

Estudios

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