Romanian Supreme Council of National Defence

- The most important decisional instrument in the Security Policy

HISTORY OF SETTLEMENT A.
Before 1989

Not long after its establishment as a unitary and sovereign state within its natural
borders, in December 1918, Romania went through a massive and comprehensive
reorganization. A major moment was the adoption of the 1923 Constitution, considered at that
time among the most modern in Europe, an expression of the great ambitions that had
animated the Romanian political elite. In this Constitution, art. 122: "It will set up a High Council
for the defense of the country, which will provide a permanent basis, the necessary measures
for organizing national defense". Thus, on 14 March 1924 Parliament adopted the Law on the
Superior Council of the country's defense organization. Under this law, the Superior Council of
the defense of the country was to "examine, coordinate and resolve all matters related to the
national defense". Although the role of the Council is so generously expressed, we see that in
fact this structure rather has powers of synthesis and, in some cases, coordination and less of
"solutions" to matters of defense, which include, in certain cases, even powers of operational
command. The situation is completely opposite of the laws after 1990, when it stated the role
of CSAT is synthetic and coordination. Another observation is that the 1924 law does not
enumerate the powers of the High Council of Defence, which are specified, in a general
manner, the Implementing Regulations of Law, promulgated by Royal Decree six months after
the entry into force of Law.
The Superior Council of National Defence was composed of President of the Council of
Ministers, as president; His Royal Highness Prince Heir at increased; Minister of Military
Academy; Minister for Foreign Affairs; Minister of Industry and Trade; Minister of
Communications; Minister for Public Works; Finance Minister; Minister of Agriculture; Minister
of Public Health; Interior Minister; a representative of the Army Superior Council, an advisory.
At a simple glance at the composition of the Supreme Council of Defence, we see an almost
perfect overlap with the Government. Basically, all 12 Council members, except A.S.R. Crown
Prince and the representative of the Supreme Council of the Army, which had anyway advisory
vote, all members of the Superior Council of Defense are members of the government.
Impression of a perfect Government is strengthened by the provisions of Article 2 of. 2: "Apart
from the country's Supreme Council of Defence, a delegation composed of the ministers of the
relevant departments will work permanently for military needs, in terms of those
departments."
Interesting is the provision in Article 1 paragraph 2 of the 1924 law that "The decisions of the
Superior Council of the defense of the country are mandatory and binding on the respective
Minister, following confirmation of the Council of Ministers". This provision clearly marked that
the Superior Council of Defense is a structure subordinated to the Government.
Council should have met "mandatory minimum" twice a year (recommended months: March
and September), convened by its President, working in secret meetings and its records were
kept in an archive that was secret as well. Issues expected to be discussed were researched and
prepared in advance by a "study committee" which was composed of representatives of
ministries whose heads were members of the Council and other experts appointed by the
Ministry of War. Studies committees were always led by the Chief of Staff/ the Secretary.
Council was assisted by a secretariat operating under the great staff and was led by an officer
appointed by royal decree on the proposal of the Superior Council of the Army. The secretariat
had three main tasks. Centralize matters submitted for discussion to the Council or the
Commission shall be to study it, notify relevant departments Council decisions and monitor the
implementation of these decisions. It is to underline the role of monitoring the implementation
of the Council proceedings.
The Law of 1924 was supplemented by a Regulation for law enforcement Superior Council of
Defense country, promulgated by Royal Decree on September 17, 1924. These Regulations, in
our opinion, not only enforce the law but even add to the bill. And this happens from the very
first article, which mention in a specific and articulate way , what the role of the Council is.
Thus, the Council`s role is to "Examine and decide on all matters related to national defense
that require coordination among several ministries", "coordinate the effort and maintain
balance all the needs of the country, giving the army the desired military strength and assuring
them constantly all the necessary means '' to create and maintain links between the ministries
to track military needs, "" peacetime to study all matters relating to the national defense and to
determine means to achieve it "(art. 1 of the Regulations). This makes clear that the role of the
Council is that of a coordination structure, with strong inter character, constituted in order to
maintain the level and adequacy of our defense capabilities. These regulations were formulated
in a more specific way than the text of the law and this very embodiment exceeded its law.
On the other hand, notice the precise formulation of the rules governing in detail the convening
and work of the Council and of the two bodies it is in charge: studies committee and
secretariat.
Interesting is the relationship that the King , defined by the 1923 Constitution as the "head of
the armed forces" (art. 88 al.10), had with the Council. There is in the 1924 law and the rules
of implementation only one provision concerning the King. In both acts, it says that "His
Majesty the King, whenever he deems necessary, may summon the Council, in which case he
will chair." The law does not specify, in this case, what happens to the chairman of the
ministers, but corroborating the provisions of the two acts, and the fact that virtually no
subsequent sanction of the Government Council decisions were inoperable, we can deduce that
the Chairman of Ministers remained on the Board of defense without exerting its presidency.
The 1938 Constitution, under which the King took on virtually discretion, did not provide a
structure like the one in this paper.
Similarly, the first two communist Constitutions, one in 1948 and 1952. Under these
constitutional arrangements, the entire responsibility of defense is for the government that
under a provision of the 1952 Constitution, could organize under its authority any kind of
"services" of any problems.
In the 1965 Constitution, the executive responsibility for national defense is addressed to the
Defense Council of the Socialist Republic of Romania, which is led by President of the Republic,
according to newly introduced position. RSR Defense Council issued decisions concerning the
organization of defense that were mandatory for the Council of Ministers. RSR Defense Council
was founded under Law 5/1969, according to which the Council was organized and it operates.
Since the preamble of this law clearly states two fundamental nature and role of the Defense
Council. First, the purpose of the Defense Council is to "examine, coordinate and solve major
problems in the country's defense and state security, both in peacetime and in wartime."
Secondly, it establishes the subordination of the Council: "For all its work, accountable to the
Central Committee of the Romanian Communist Party and the Grand National Assembly, and in
the interval between its sessions and to the Council of State." Remember that we are under a
constitutional system proclaiming that the Romanian Communist Party is the "single political
force of the entire people" and "The role of driving force." Art. 1 of Law 5/1969 defines the
Defense Council as "Deliberative body" and art. 6 states that its activity "Principle of work and
collective leadership" - leadership principle vague and inefficient, but high esteem by the
propaganda of that time. Council summoned only by its Chairman at least twice a year and
made decisions by majority vote openly expressed by its members. Defense Council, by law, is
composed of: president (the secretary general of the Communist Party) members (Chairman of
the Council of Ministers, Minister of Armed Forces, Chairman of the State Security Council,
Minister of Internal Affairs, Minister of Foreign Affairs, Chairman of the State planning, other
members appointed by the RCP and appointed by decree of the State Council) and a secretary
(chief of staff). Please note that in accordance with Decree 295/1968 on the establishment,
organization and functioning of the State Security Council, the President of this structure, in
fact supreme head of the secret service of Communist Romania who mostly undertaking
activities of political police, had a rank of minister and was a member the Government. This was
decided due to changes in power, relations between groups of the time, after the ascension to
the top position of Nicolae Ceausescu. Thus, it was decided to subordinate the security
structures both the government and the Party. Please note that, so far, Romanian Security
Service operated almost as a power of the state.
The main tasks of the Defense Council were: to define "fundamental conception of defense
system of the RSR" approval of the measures on the general organization of the armed forces,
plans of mobilization and use of resources in wartime measures operative preparation of the
national territory; hearing reports from ministers and heads of departments on security;
examine and propose to the Grand National Assembly / Council of State of the proclamation of
the state of emergency, the mobilization and declaration of a state of war; in wartime, the
direct leadership of combat operations.

B. After 1989

Supreme Defence Council (CSAT) appeared under this title, after the fall of Ceausescu regime in
December 1989. One of the top trends of the new authorities responded to a radicalized
opposition to specific violent overthrow of the regime, it was to completely eliminate the
communist power structures, by their formal abolition and by avoiding the use of infamous
words like "security" in the title of the new structures. In this spirit, the installed regime after
December 1989 decided to conclude definitively the existence of Defense Council under its
communist form and dissolved without delay the State Security Department, the political police
of Ceausescu`s regime the sinister inheritance years of terror regime Gheorghiu Dej. How our
structure under study is called "The Superior Council of the defense of the country" in the 20s -
30s, the idea emerged that the new structure post-communist to be called "Supreme Council of
National Defence" (CSAT).

In December 1990, even before of the adoption of the first post-communist constitution, the
Parliament passed the Law no. 39 on the establishment, organization and functioning of CSAT.
Law no. 39, now repealed by Law 415/2002, established a CSAT composed of 8 members
(industry and trade minister, defense minister, foreign minister, interior minister, head of the
political analysis of the Presidency, director of SRI, SIE Director Chief Staff) led by the President,
as president, and prime minister, as vice president. Given the fact that this law preceded the
1991 Constitution and, therefore, arise and would operate in a situation of constitutional void
(the revolutionary of 1989 leading to the repeal de facto the communist Constitution of 1965),
the legislator did not was concerned about the precise definition of the constitutional nature of
the CSAT, opting for defining the institution by establishing its purpose and not by establishing
its position as a whole powers. Thus, Law 39/1990 states in its first article that CSAT is
established "in order to organize and coordinate activities related to national defense and
security of the state both in peacetime and in wartime." Although CSAT is defined as a kind of
general manager of the activities related to defense and "national security", draws its powers
rather the profile of an authority with full powers. According to the Law 39/1990, CSAT have
mainly three categories of tasks:
 - responsible for initiating documents for the approval of Parliament (fundamental
concept of homeland defense, the structure of the national defense system, a state of
war, suspension of hostilities, armistice, cessation of conflict)
- to take decisions (general organization of the armed forces and other departments of
national defense system, defense measures if attacked Romania, deployment or
redeployment territory national large units plan to mobilize national economy for the
first year of the war, prognosis studies on the organization of production of military
programs focus on the army's equipment, the cooperation plan between the Ministry of
Defense and Ministry of Interior on "surveillance and defense of important objectives of
the national territory, maintaining and restoring the rule of law, "the draft of
international treaties and national defense, etc.).

- The third category is quite difficult to nominate. We will refer to the legal text "analyzes
the situations susceptible to impose a state of emergency and declare partial or general
mobilization". Please note that in accordance with the ambiguous legislation in force in
1990, both states of emergency and declare partial or general mobilization were the
responsibility of other state agencies, the legislature established that the CSAT

From the point of view of the organization and functioning of the provisions of Law 39/1990
does not differ much from the provisions of the Law on organization and functioning of CSAT,
currently in force, no. 415/2002. Thus, the Council had a secretariat organized within the
Romanian Presidency to convene quarterly or whenever necessary, by its Chairman or by one
third of its members and needed a quorum of at least two thirds of its members. The difference
is in the way of adopting decisions by consensus according to 2002 law and open, simple
majority vote in law in 1990. In 1990 the law establishes that "CSAT President coordinates and
directs the overall activity of the council" and that if absence of the president, the vice-
president these prerogatives.

Also according to Law 39/1990, CSAT was required to submit annually a "report" or provide
information whenever required, to the Parliament. Interestingly, the law states that "the
report" or annual reports were to be presented to the legislature by one of CSAT, which means
never the president of CSAT, who is President or Vice-President CSAT, which is Prime Minister
could not come before Parliament to answer for their work at the forefront of CSAT.

The SYSTEM of the LAW NO. 415/2002

Law no. 415/2002 on the organization and functioning of the Supreme Council of National
Defense defines this body as "autonomous administrative authority vested under the
Constitution, the organization and the unitary coordination of activities related to national
defense and security." (Art. 1) specify that the 2002 law in effect today, preceded the
constitutional amendments adopted in 2003 and it reflects in the legislative provisions of the
1991 Constitution.
As at 1991 the Romanian Constitution, art. 118: "Supreme Council of National Defence Unit
organizes and coordinates the activities concerning the country's defense and national
security". We find, therefore, that the 2002 Law reproduced the constitutional text then in
force. Defining CSAT law as "Autonomous administrative authority" also has constitutional
roots. Thus, the Constitution in force upon adoption of Law 415 article pertaining to the CSAT
was a member of one of the fundamental law, entitled 'specialized central public
administration "Chapter V" Public Administration ". The precise nature of an autonomous
administrative authority appears in corroboration with art. 115 (2) of the same Constitution,
which stipulate that it may organize specialized bodies of the central government be
subordinated to the Government or Ministries, or as "Autonomous administrative authority". In
any case, the provisions of the Constitution and organic, it's clear intention of the legislature of
CSAT making autonomous in relation to the Government, although, as we shall see, this is
impossible for practical reasons.
Constitution, amended in 2003, stipulates in Art. 119: "The Supreme Council of National
Defense organizes and coordinates unit activities concerning national defense and national
security, participation in maintaining international security and collective defense in military
alliance systems, as well as in maintaining or restoring peace." as can be seen from the
comparison of the two constitutional provisions on the CSAT, the 2003 is more comprehensive
and substantive and tailored security needs of the present Romania, member of a military
alliance active and prospective member of a Union pan-continental with highly integration and
that, together with other policies, seeks to integrate the foreign policies and defense policies of
its members. Therefore, it seems more urgent than this new constitutional provision will be
followed by a new law on organization and functioning of CSAT.
Also according to Law. 415, "CSAT activity is subject to parliamentary review and verification"
(Article 2). The phrase "examination and verification" evokes a kind of strict parliamentary
control and, quite, total. However, the law promptly stipulates that the Parliament can control
how CSAT activity is achieved only by examining the activity reports of CSAT. These reports are
presented annually or at the request of specialized standing committees of Parliament or
"whenever deemed necessary". Finally, CSAT reports presented always in the joint session of
the two Chambers (art. 2 of Law 415 in conjunction with art. 62, para. 2 lit. F of the 1991
Constitution). This assumes, naturally, that it will be able to discuss matters involving classified
information. Working with this information is the essence of CSAT activity and it is clear that
parliamentary control, although defined as "examination and verification", can only be
superficial.
Practice has also revealed another way of parliamentary control over CSAT, which we
might call him, more appropriate parliamentary control of CSAT members, because they aim to
oversee the Council`s members individually and not directly the Council institution as a whole.
According to the law, CSAT is primarily composed of members of the Government, plus the
heads of the secret services. Government members and the heads of both intelligence services
are subject to parliamentary control in virtue of their functions. They can always be called
before parliamentary committees specialist to be heard on any matter their position. How all
these functions under them are members of CSAT, then it follows, logically, that they can be
checked for their work in committees and in the Council. Thus, on 28 February 2009. CSAT held
a meeting at the initiative of the ex- President Traian Basescu, the possibility of changing the
national security strategy of Romania by introducing in this document the possibility for
Romania to participate, along with other allied states, in military actions with preventive
character.
However, we stick to the view that there is a rigorous parliamentary control over the activity of
CSAT. Of course, this discussion involves different shades depending on the political and
constitutional system in which we work. By the standards of a parliamentary republic, the
Romanian Parliament on CSAT control is non-existent. By the standards of a presidential
republic, the Romanian Parliament control over CSAT is satisfactory. As most experts agree that
Romania is a republic "semi-presidential", which means of course that is "semi-parliamentary"
remains to consider how the practical and constitutional underpinnings of parliamentary
control over CSAT according to standards General democracy. One criterion in this case, could
be the importance that it attaches CSAT this control, namely the presentation of annual reports
in Parliament. And What is noteworthy in this regard that in practice CSAT Secretary, who has
the rank of state adviser in the presidential administration, the equivalent of secretary of state,
is showing Plenum report. It seems only natural that , in front of the Parliament, the Romanian
President / President of CSAT be the one presenting the report or, in his absence, the Vice
President of CSAT, because they are the ones who lead this body and they are the
responsibilities for its activities. The delegation of the annual report of the CSAT in Parliament
by the Secretary CSAT proves not only that the president CSAT reckons this report as a formality
(and here's the fault of lawmakers who vote without deepen seriously the report) but also that,
politically control of parliamentary minor is considered to have potential.

Relationship between the Government and CSAT

Although there is no legal text that defines the exact relationship between those two
institutions, however, the legal rules linking government and CSAT are established by working
mechanisms between the two structures of the central administration. There are mainly two
types of relationships as they emerge from the Law no. 415 .
First, there is a relation of subordination introduced by the unequivocal art. 3, which
states that decisions CSAT "are mandatory for central government authorities and public
institutions to which it is related." This relation of subordination is reinforced by the second
sentence, which stipulates that these authorities "are responsible under the law" for the
implementation of decisions of the Council.
Then there is a relation of coordination, collaboration, given that the CSAT members are
mostly members of the Government. According to Art. 5 of Law no. 415, CSAT is composed of
10 members. Six of them are ministers (holders of portfolios of defense, interior, foreign affairs,
justice, industry and finance), two are directors of intelligence services (directors of the
Romanian Intelligence Service and the Foreign Intelligence Service), Chief of General Staff and
presidential adviser for national security. The Romanian President is The Chairman of CSAT and
Prime Minister is the vice president. CSAT is a structure belonging to the executive power and
there are many arguments; its composition, its subordination to the president (one of the two
peaks of executive power in Romania) and Chapter in the Constitution where the provisions
related to CSAT are perhaps the most convincing arguments. In any case, the idea presence
"monolithic" to Cabinet members in CSAT is strengthened by the fact that, according to art. 7's.
3 of the law, proposals Ministers / CSAT must be approved by the Prime Minister before being
included on the agenda of the Council. On the other hand, it is true that the agenda of the
meetings CSAT is determined by the Chairperson, as the law states, "in consultation with the
Vice-President". But while the materials from the ministries cannot be placed on the agenda of
meetings of the Board prior endorsement of the Prime Minister that role in setting the agenda
CSAT is advisory, but a decisive one.
On the other hand, in order to balance to the majority of members of the Government
they have in CSAT, the law states that the Council shall "by consensus", and the Council is
legally convened in the presence of at least two thirds of its members, which It means at least 7
members. Please note that by law, the President of Romania, who is chairman of the CSAT and
the Prime Minister, who is vice president of CSAT they are not counted.

Convening CSAT. CSAT meetings

CSAT is convened either by its President (President of Romania) or a third of its members (ie 4
members). Interestingly, under the Act, although CSAT can be summoned 4 members of the
Government who are also members of CSAT, Prime Minister does not have any possibility to
call for a meeting, alone or together with other members . Even if the prior approval of the
Prime Minister rule- only applies for the agenda of the meeting CSAT, the meeting may be
convened by any of the four members of CSAT, be they members of the Government without
the approval of the Prime Minister. We believe this is an inconsistency which should be
regulated in the future by introducing the Prime Minister, as Vice President of CSAT among
Council members.
Under the provisions of the law, CSAT meetings are secret. They are led by the Chairman
of CSAT or, in his absence, by the Vice-President. Where one of the CSAT members cannot take
part in the hearing, it can be represented, without voting right for his legal substitute. This
means that if missing a minister / members CSAT, it can be replaced by a secretary of state, if
are missing directors of intelligence services, they may be replaced by Deputy Directors, if
lacking Chief of General Staff, it can be replaced by his deputy, and if missing the presidential
adviser for security he may be replaced by state councilor subordinate. These substitutes,
however, act as representatives of non-voting member.
In CSAT meetings guests can participate. The range of possible invited guests is
established by law and is a very broad formula: Parliament representatives (in our
interpretation, this means both parliamentarians and officials of the Parliament who
empowering represent), the central government and local NGOs, other public institutions with
responsibilities in national defense and security, and civil society. These categories of persons
required by the law, fulfill two conditions to be invited into t he meetings of the CSAT. A
background condition is however required, their presence should "Be necessary in relation to
the issues on the agenda" and as a condition of their presence is to be approved by the
President of CSAT.
CSAT's internal procedures are established by law through Regulations adopted by CSAT
decision.

Secretariat of CSAT

According to the law, "CSAT has a Secretariat". Secretariat, whose duties, organization
and functioning are established by decision of the CSAT and this operates within the
Presidential Administration and is "coordinated" by CSAT Secretary. CSAT Secretary is
appointed by the President and has the rank of State Councilor within the Presidential
Administration.
CSAT decision on the powers, organization and functioning of the Secretariat which is
currently in force was adopted according to the law , in the Council meeting of 10.02.2003.

According to its tasks set out in this meeting , the Secretariat CSAT performs substantially two
functions:
a) one, naturally for a secretariat strictly related to organizing meetings of CSAT
b) another to be an interface between CSAT / CSAT president and public institutions dealing
with issues relevant to national security.
Regarding CSAT meetings, the Secretariat will provide:

- draw up the draft agenda for the meeting and submit it for approval to the President
and then delivers the agenda of meeting participants
- according to the agenda, receive materials prepared by relevant state structures, the
issues to be discussed and provides multiplying for each CSAT member
- dealing with everything that is good CSAT meetings, including town hall meeting and
providing the necessary technical conditions
- provides magnetic recording session work
- prepares written document that plays recorded discussions of CSAT, which is finally
verified and signed by the Secretary of CSAT
- drafts the minutes of the meeting, and will be responsible for the document to be
signed by the President of CSAT and sends them entirely or excerpts of it to
institutions or for those for that the law obliges publication, submit them for
publication in the Official Gazette
- develop protocol meeting and ensures its signature by the members CSAT
- keep track of all the documents discussed at meetings and CSAT decisions
- ensure the editing, copying, recording, handling, retention / destruction, storage and
transport of documents and classified information in the National Security Department
of the Presidential Administration.

As interface, the secretariat has three types of tasks:

1. Receive and organize documents and information coming from state institutions to CSAT.
Regulation clearly establishes the responsibility of the Secretariat, expertise, analysis and
discussion of these materials in order to submit their president or their discussion in the
Council, according to the law. Thus, the Secretariat is the structure, evaluates and presents
proposals accordingly on some key documents for the security of Romania whose procedure of
drafting includes responsibility CSAT, such as security strategy, military strategy, strategies of
public order and national security, but also on the briefings CSAT and current measures which
take into account. In general, the Secretariat has a very general task set out in the Regulations,
"Inform permanent president and CSAT in relation to Romania's national security issue." The
spirit of the provisions, it is clear that the information CSAT come to pass mandatory by the
Secretariat.
2. Compiles documents. The most important of them is the annual work program and the
annual report that CSAT, by law, must present it in the Parliament. Also, the Secretariat is
drawing up opinions for legislative acts whose endorsement by CSAT is required by law and
provides legal advice for each CSAT analyzed document. Meanwhile, the secretariat proposes
solutions to CSAT reports or memories to the Council.

3. Monitors the implementation of decisions CSAT. To this end, draw up reports for each
meeting on the status of execution of the decisions taken in previous meetings.
Moreover, the secretariat CSAT is a body whose functions are performed in conjunction
with other structures and this is natural given that CSAT through its remit is general cross on
national security and that, in terms of its composition CSAT is an interdepartmental structure.

CSAT Secretariat is organized within the Presidential Administration and consists of

two compartments, one "expert analysis and drafting documents CSAT" and another
"organization, planning and accounting for enforcing the CSAT Decisions". According to the
latest ruling CSAT total number of people employed in the Secretariat 10. The Secretariat is
coordinated by CSAT Secretary, who has the rank of state adviser Presidential Administration
and is therefore appointed by the President. Secretariat is managed directly by the head of the
secretariat, called the presidential adviser for national security at the CSAT Secretary proposal.
Thus, the Secretariat CSAT is part of the Department of National Security and Public Order of
the Presidency, headed by a presidential adviser, but has autonomy and is dedicated exclusively
CSAT activities. One of the CSAT members told us during interviews that we conducted this
study to document that "CSAT is a virtual institution. It exists as institutional reality only
through its Secretariat. "I quote this view since it seems relevant in our attempt to capture as
accurately Secretariat role in the work of CSAT.
The Secretariat staff is mostly military - 8 in 10 are representatives of military ranks and
2 are civilians. Except for a civil employee, the rest are seconded by specialized institutions of
the state to work in the secretariat. Thus, two people with a vocation for proper function of the
degree of brigadier general detached from the Ministry of Defence (each is head of secretariat),
1-3 persons including a brigadier general, are detached from the Ministry of Interior, 1-3 SRI,
two of whom are colonels 1-2 of SIE, both colonels, one of the presidential administration and
more than one person from the STS.

Duties and attributions of CSAT

According to Law no. 415, the Council has basically four categories of skills. Thus, the Council
has:
- competence to analyze and propose for debate and approval of other state institutions
certain documents concerning the country's security and law order
- the power to approve certain documents and measures of the same gender
- the power to coordinate certain activities related to integration in Euro-Atlantic security
structures
- It has the power to appoint / revoke / her duties in the cases determined by law.

In the first category of powers, which is to analyze and propose for debate and approval of
other state institutions certain documents concerning the country's security and the rule of law,
CSAT acts as:

a) the originator of these proposals:

- Romania's national security strategy

- Romania's military strategy
- strategies for public order and national security of Romania in relation to the responsibilities
of relevant institutions
- data, information and assessments provided by intelligence services and other structures
involved in national security.

b) respond to the request of the President to analyze and propose:

- imposition of a state of siege or state of emergency throughout the country or in some

localities
- declare partial or general mobilization of the armed forces
- rejection of armed aggression against the country
- declaration of state of war and its ending
- the initiation, suspension or termination of military actions.

c) approves the draft legislation initiated or issued by the Government on national security
concerns:

- general organization of the armed forces and other institutions in the field of national security
- organization and functioning of the Supreme Council of National Defence
- preparation of the population, economy and territory for defense
- budget proposals of the institutions responsible for national security
- budgetary allocations for ministries and services with responsibility for defense, public order
and national security
- conditions of entry, passing or stationary in Romania of foreign troops
- appointment functions under the organizational grade of general-lieutenant, Rear Admiral
similar and their superior.

Within the second category of powers, which is to approve certain documents, CSAT has sole
responsibility:

- Basic guidelines on international relations on national security

- draft international treaties and agreements in the field of national security or incidences in
this area
- establishing relations with similar foreign bodies by the institutions and bodies with
responsibilities in national security
- completion of military structures, according to the Member organization in peacetime
- execution alarm struggle to bring to the state military structures
to allow passage of the order to the fulfillment of combat missions
- action plans to declare a state of mobilization and war
- action plans of the state of siege and state of emergency
- project for the mobilization of national economy and the draft state budget for the first year
of war
- verification plan preparation stage through the population for defense mobilization drills and
exercises
- Distribution of the number of recruits embed the institutions involved in national security
- Training objectives of the territory to ensure the operational needs of the national defense
forces
- classification and provisioning levels outreach
- multiannual programs on equipping the national defense forces
- militarization, under the law, economic operators whose business is directly related to
providing the resources necessary for the defense
- Joint plan of intervention units of the Ministry of Defense and Ministry of Interior to limit and
eliminate the effects of disasters on the national territory
- telecommunications networks and equipment arrangements and criteria for allocating special
subscriber stations for users of those networks
- organizational structure and powers of the General Staff
- setting function subordinate military commander General Headquarters and its
responsibilities for providing leadership in wartime unit
- people and objectives that benefit from protection and guarding of the Protection and Guard
rules antiterrorist protection of Romanian and foreign dignitaries and other officials
- reports and information submitted by the heads of government bodies, relating to national
security
- General information search plans submitted by the institutions and organizations with
responsibilities in national security
- the main directions of activity and general measures necessary to remove the threat to
national security
- organizational structure, personnel and operating regulations of the Romanian Intelligence
Service, Foreign Intelligence Service, the Special Telecommunications Service and Guard and
Protection Service
- expenses destined to achieve national security
- planning rules, registry, use, justification and control operational costs for achieving national
security institutions with responsibilities in this area
- the annual execution accounts operational expenditure budget for achieving national
security, the institutions responsible for national security after approval of their work on
- setting up, closing, deployment and redeployment, in peacetime, the national territory of
large military units from brigade echelon, including up
- proposals to grant the degree of marshal, general, admiral and the like.

According to the Law no. 415, in conjunction with several laws regarding the organization and
operation of state agencies with responsibilities in national security, CSAT has also the power to
appoint and dismiss from duty -office in the cases determined by law.

According to the Law no. 415, CSAT "coordinate the integration into the European security and
NATO, monitors the adaptation of the armed forces to NATO requirements and
recommendations in accordance with Alliance standards." First, a clarification: we believe that
the opinion of specialists who support that the sole purpose of that legislation was to ensure
better coordination of Romania's efforts towards joining the NATO and, therefore, once
achieved this goal, above quoted provision has become obsolete, does not reflect reality. The
substance of the provision is still real. The process of integration into the European security has
just begun for us, the process of integration into the transatlantic security did not end with
accession de jure Romania to NATO, but continues as the process of adapting the armed forces
requirements NATO is clear that it is in full swing. In other words, we believe that further CSAT
is the highest point of coordination and organization of these processes.
It is true that this skill can acquire a variable content. Thus, coordination of integration into
European and Euro-Atlantic Security involves coordination of structures with direct
responsibility in this area, such as the Ministry of Defence, Ministry of Foreign Affairs, the
Romanian Intelligence Service, Foreign Intelligence Service etc. CSAT is coming, in this way, as a
higher level structures for all institutions involved in the field, belonging or not to the strict
government authority area, resembling with the structure of the US National Security Council.
Note that this coordination is limited exclusively to the initiative of integration into Euro-
Atlantic security structures, but it is worth underlining that practically almost all activities of
these institutions are subordinated to the strategic goal of Romania's integration into Euro-
Atlantic structures and pan- European security.

Then CSAT "monitor" the process of adapting to the requirements of NATO forces, which
means it is designed to closely follow this process. Consequence of that power, CSAT can "make
recommendations in accordance with NATO standards". CSAT has, in this way, rather an
advisory role in addition to its main tasks, which is the Ministry of Defence.

CSAT INTERNAL REGULATION POLICY

Pursuant to art. 10 of Law no. 415/2002, CSAT adopted the Decision no. 3 of 10.02.2003 which
approved its own rules of procedure. This Regulation aims to set out in detail the functioning of
CSAT. Thus, Regulation detailed applicable provisions of law and focus on CSAT meetings,
establishing what happens before, during and after these meetings.
Thus, it is established that CSAT may be convened "at the initiative of at least four members"
(art. 1 of. 2) legal provision which refers to the right of "one third" of members to convene the
meeting.
The agenda of the meeting is set by the president upon consultation with the Vice-President,
Secretary CSAT suitable proposals. It is mandatory that in the first quarterly meeting of the
year, the Secretary to submit a report on how they have fulfilled the provisions of the program
of activities for the previous year, it is imperative that CSAT to consider the report on activity in
the previous year, to be presented in front of the Parliament met in joint session.
Meetings are recorded on magnetic tape and then transcribed. CSAT Secretary signs the
transcripts for conformity and the documents are archived together with the magnetic support.
Based on these transcripts, the Secretariat shall prepare a protocol of the meeting, which
includes the conclusions of debates and the decisions and is signed by the Secretary, the
members present at the meeting and by the president. Based on this protocol, the Secretariat
drafts the decisions and forward them to those concerned and, if necessary, to be published by
the Official Gazette within 10 days from the date of the meeting.
 These Regulations contain a provision which may raise question marks about its
consistence with the legal provisions especially with Law no. 415/2002. Thus, Art. 2 para. 2
states that "In between meetings to solve urgent issues, the Council makes decisions with the
consent of individual members." Corroborating this provision, with the one of art. I point 19 of
the judgment CSAT no. 4 / 10.02.2003, regarding the tasks, organization and functioning of the
Secretariat CSAT it is determined that the secretariat "drafts decisions between meetings to
solve urgent issues and present them to approve and sign the Council members" clear deduce
that decisions CSAT are made even outside its meetings.
In principle, the activity is conducted according to the CSAT annual work program. This
program shall be established at the beginning of each year by the Secretariat based on
proposals received from all members of CSAT and the provisions of the President. Once
approved by the President, CSAT plan is disseminated to members of the Council and will be
the document on which it will be prepared the agenda for meetings.

LAWS related to the CSAT activity

Internal and external political developments after 2002 imposed an evolution of institutions
and procedures of the national security system. Basically, in the last three years, the main
events that directly affected Romania and legislative framework requiring changes in national
security matters were:

- Romania's involvement with the USA and its allies in the fight against terrorism
- diversification of threats to international stability and Romania in general
- Romania's accession to NATO.

Under the influence of these three factors have been attributed CSAT new skills or have been
further specified those already listed in Law no. 514. These new powers, but they did not
contribute to the clarification of the nature and role of our institutions CSAT system-wide
security. Assignment of new powers to the CSAT is based, after our appreciation rather an
intuition about what should be CSAT than a study undertaken at a high political level about
what this Council should become the general context of the central government of Romania .

The main pieces of legislation pertaining to the CSAT are:

Law no. 535/2004 on preventing and combating terrorism

This law establishes the National System for Prevention and Combating Terrorism (SNPCT)
constituted with the participation of several institutions and state authorities under the
coordination of the Romanian Intelligence Service, in which establishes Center for Antiterrorist
Operative Coordination (CAOC), precisely to ensure coordination. The structure, personnel and
internal regulations of the CAOC are subject to approval by CSAT. Institutions and authorities
that make up SNPCT act in specific competencies outlined in a General Protocol for
Organization and Operation of SNPCT. This Protocol shall enter into force after it is approved by
CSAT. The way that fulfills the provisions of the Protocol are also regularly brought to the
attention CSAT reports that law obliges experts SNPCT to do at least once every six months
(Art.13 of. 3).

One of the ways the law establishes that is specialized in combating terrorism forces'
counterterrorist intervention ", which takes place during or after conducting terrorist actions.
According to Law no. 535/2004, CSAT "authorizes the execution of counterterrorist
intervention". Counterterrorist intervention must take place after a methodology developed by
SRI and that, in turn, approved by CSAT. (Art. 12 par 2) In this case, CSAT act as a crisis, but
must follow internal operating procedures established by law. Specifically, approval terrorist
intervention is performed by a structure that includes the Minister of Finance, Minister of
Industry and Chief of Staff, which puts the whole situation in a bureaucracy that can be
disastrous in the event of a terrorist attack.

Law no. 477/2003 on the preparation of the national economy and territory for
defense

This law establishes "a set of measures and actions to be carried out in peacetime to use
economic and human potential of the country to meet the needs of defense and to ensure
continuity of economic and social activities in the event of mobilization or war." In all these
measures, primarily responsible for carrying them out is the Government. CSAT has, however, a
major role in planning and dimensioning this preparatory national economy and territory for
defense.
The Government has an obligation to apply the measures decided by CSAT in this area (Article
3), which is in fact the principle of Law. 415/2002 on the organization and functioning of CSAT
that the Council's decisions are binding on public authorities to whom they are addressed.
More, however, the government is required to submit for approval CSAT project for the
mobilization of national economy for defense (ie the set of measures that measures and actions
regarding the transition economy from peace to war and functioning cesteia to support effort
defense), the draft program with the objective of operative preparation of the territory for
defense (the set of measures and actions to achieve the objectives necessary to meet the needs
of strategic and operative forces national defense system and to protect people and property
against the destructive effects executed aggressor with conventional means and nuclear,
biological and chemical) and the draft state budget for war. Also in accordance with this law,
CSAT has an important role not only in the approval of plans and budgets, but in putting them
into practice, because although the decision to implement the plans and budget execution
belongs to Parliament, the only authority empowered to request this is CSAT legislature (art. 11
al. 3).

CSAT also is the authority that establishes the limits of formation of mobilization of all reserves,
ie raw materials, equipment and other products deficient or with long manufacturing cycle, to
satisfy requests institutions in the field of defense, national security and public order . Practical
way of setting up such reserves is determined by the Government but within the limits decided
by CSAT.

Law no. 42/2004 regarding the participation of armed forces in missions outside
the Romanian territory

Romanian law establishes that the armed forces can participate in several categories of
missions outside the national territory:

- collective defense
- Peace Support
- humanitarian assistance
- type coalition
- joint exercises
- individual
- ceremonial.

For these types of missions that according to law and according to the obligations assumed by
Romania through treaties, agreements and other international agreements, the Romanian army
can execute outside of the national territory in the tasks referred to in subparagraphs a) - d),
CSAT has a role determinant. Thus, the Council must "examine and decide" on a proposal from
the Ministry of Defence until June 30 of each year so the forces and means are made available
next year for this kind of mission, based on this ruling, Government will operate the necessary
draft budget.
For the decision to send Romanian troops in such missions, CSAT has only a consultative
role in the decision that is rendered by the President of Romania. The proposal belongs to the
Prime Minister , so he proposes to the President, than the President consults CSAT and then
decide, and after deciding, he will inform the Parliament within 5 days. If sending troops is not
under an international treaty to which Romania is a party, the President not only inform, but
needs the approval of the Parliament to send troops.

Law no. 473/2004 on defense planning amended by the Law no 203/2015

This law stipulates that defense planning is based on two fundamental documents:
Government Programme and the National Defense Strategy. The Government
Program shall be adopted at the meeting in joint chambers when the new government is
invested. National Defense Strategy is submitted by the President to the Parliament for debate
and approval within 6 months from the date of the oath as president. In order to implement
the agreed aims in the Government Programme and to implement the provisions of the
National Defense Strategy, Ministry of National Defense elaborates White Book of
Defense. This document, considered by law as "defense planning document at the
departmental level," and it must be approved by Parliament within 6 months of the grant
confidence to the Government. Before being submitted to the legislature for debate, the law
specifies that the document Defence White Paper to be "appropriated by the Government" and
then "approved by CSAT." Under the National Defense Strategy, the Defense White Book and
NATO Ministerial Directive, the Ministry of Defense must prepare, within three months of the
adoption of the White Paper of Defense- the Military Strategy. The military strategy is adopted
by the Government and before adopting it is approved by CSAT.

Of all the laws on defense, this law seems to be the most confusion in the role, nature and,
finally, the CSAT position relative to other central government institutions. Thus, the most
important document in defense planning, ie national defense strategy is initiated and
submitted to Parliament by the President. According to the law, CSAT has practically no role in
the preparation of this document, though, it is absolutely logical, in practice, the President
prepares CSAT Strategy or, at least, working closely with key members of CSAT. Under the law,
CSAT has only advisory powers for a document issued by the Ministry of Defence in
implementing the Strategy defense (i.e.

White Paper on defense), after this document was adopted by the Government and before
being discussed in Parliament. Further, under the White Paper Ministry of Defence develop
military strategy is adopted by the Government but, before adoption, must be approved by
CSAT. CSAT end system this law, the role of a higher-level government opinion first and then
subordinated to the Government. In addition, according CSAT approves more and seems to
have no role in drafting these documents crucial to Romania's security.
Other laws and regulatory aspects

Law no. 604/2003 for the adoption of Ordinance no. 63/2003 on the organization and
functioning of the Ministry of Interior, Art. 4, states that "is responsible to Parliament, the
CSAT and the Government for how it applies the provisions of the Constitution, other laws and
international treaties to which Romania is a party".

A similar provision is found in the Emergency Ordinance no. 14/2001 on the organization and
functioning of the Ministry of National Defence "MAN accountable to Parliament, Government
and CSAT for the application of the Constitution, other laws in force, the government decisions
and the CSAT and the international treaties Romania is part of. "

That CSAT is presented as the structure before which MIA and MAN, the administrative
authorities responsible in ensuring that public order and national security seems inappropriate.
First, because the heads of these ministries are also members of the structure before which
must respond. Then, because CSAT has no competency of political control or other activity
leaders of these two authorities. We reckon that was natural that more and MAN to be
accountable to the President of Romania, the supreme chief of the army and the guarantor of
the balance of powers, to their work.

Law no. 218/2002 modified by the Law no 107/2015 on the organization and functioning of
the Police stipulates that Romanian police may organize activities for collecting, checking and
recovery of information and data in a specific activity organized under the orders of Interior
Minister. At the same time, it is determined that the interior minister should present annually
or whenever necessary, CSAT and specialized commissions of the Parliament "reports on the
work of collecting information and funds used for this purpose." (Article . 33, para. 6). Thus,
both through that receives these reports, but also because the law does not distinguish
between the report of the Minister of Interior by the CSAT and at the specialized committees of
Parliament, appears as a clear intention of the legislature to establish that the CSAT a watchdog
role information on the activity of the Romanian Police.

Law no. 191/1998 on the organization and functioning of the Protection and Guard Service is
established that this activity, which specializes in "ensuring the protection of Romanian
dignitaries, the foreign dignitaries during their stay in Romania, their families as well as
ensuring the security offices and residences "is
"CSAT organized and coordinated" (art. 1 para 1 in conjunction with article 3 al. 1). Nor
CSAT decisions are passed only in the law alongside fundamental laws SPP activity, such as the
Constitution and laws, but CSAT has a role in appointing the Director of this service. According
appointment procedure established by art. 7 of the law, SPP director is appointed by the
President on the proposal CSAT.

Law no. 92/1996 on the organization and functioning of the Special Telecommunications
Service is established that the activity of this service "is organized and coordinated by CSAT."
(Art. 3). And if this service CSAT decisions appear as sources of law immediately after the
Constitution and laws and regulations before interior. In contrast, however, SPP, where the
appointment of director is the CSAT proposal by the President of Romania, where STS Director
nomination of the President belongs CSAT (which even the president of Romania), and the
appointment is made by the CSAT. CSAT also appoint deputy directors and deputy prime STS.
Overall, STS activity, focused on providing special telecommunications network is determined
by the CSAT decision to approve not only the criteria for allocating subscriber stations STS
services, but also the structure of the service, duties components of this structure, personnel,
etc.

Law no. 1/1998 republished based on article II of the LAW no. 138/2000 on the organization
and functioning of the Foreign Intelligence Service, setting a very important role in the work of
this institution CSAT. The law establishes a general basis that the SIE activity is "organized and
coordinated by CSAT" (art. 2 para 1) and the SIE Director shall annually or whenever necessary,
reports on the work of the service they drive. Please note that, by law, he is a member of law
SIE Director of CSAT. Therefore, the provision of art. 6 of. 1 of the law, which stipulates that the
appointment of the Director of SIE is made by CSAT on a proposal from the President of
Romania appears rather strange - it's not common for attribution appointment and dismissal of
public office a person to be made a structure from which this person belongs precisely in virtue
of the vested. Moreover, the entire leadership of SIE, that and Deputy Directors are appointed
all the CSAT, this time the proposal Service Director. All CSAT approves organizational structure,
personnel, operating rules, duties (art. 5 par 2) planning, accounting and use of funds necessary
SIE" Similarly regulations on operating expenses" (art. 21). Finally, all CSAT approved list of
businesses and public institutions that cooperate SIE -"Ensure a unified and coherent policy of
the intelligence community abroad" list similar organizations abroad that SIE can "establish
relations" (Article 4)

Law no. 42/1992 on the organization and functioning of the Romanian Intelligence Service, as
amended by Ordinance No. 72/2002 establishes that the CSAT will set the general rules then
will work planning, accounting, usage, justification and control of operational expenses for
activities of intelligence services (art. 42 al. 4).

The Government Decision 83/2005 on the organization and functioning of the Ministry of
Justice, in conjunction with HG 637/2004 establishes that the General Directorate of Protection
and Anti-Corruption Ministry of Justice operates under

Regulation of organization and operation approved v by the Minister of Justice, with the
prior approval of CSAT, which includes the organizational structure of this Directorate.

Law no. 24/2000 on legislative technique for drafting laws, amended by Law no. 198/2004
establishes that "documents motivation draft legislation must contain references to approval
from the Legislative Council and, where appropriate, the CSAT, the Court of Auditors or the
Economic and Social Council". (Article 29 al. 4)

PRACTICAL ASPECTS

CSAT meetings are always summoned by the President. There never happened that a group of
CSAT members to exercise their right to call a meeting CSAT. The convocation can be done even
in an emergency. For example, on September 11, 2001, minutes after the terrorist attack on
Washington and New York, President Iliescu ordered CSAT Secretary Council to convene in an
hour and a half. Thus, the Council was convened to examine the situation in emergency.
Similarly, in 1999, when the Romanian state structures were seriously threatened by a domestic
crisis known as "Miners", CSAT was summoned quickly to make major decisions.
The number of meetings varies from year to year depending on the issues facing
Romania. For instance, 2002 and 2003 were considered very crowded due to the proximity of
the NATO Summit that Romania wanted to be invited to join, the war in Iraq etc. In these years,
CSAT has met monthly and in some period even twice. On average, a CSAT meeting lasts 4-5
hours. In general, an agenda comprises between 20 and 30 points. Are first voted on quickly
through topics such as appointments, promotions in rank, approvals of draft laws etc. Then will
address the issues requiring debates. The issues are debated in the order they are listed on the
agenda. After listening to all viewpoints and asking questions, the president proposes a
solution, usually the solution that emerged from the debates as the most suitable. Then
proposed that such and usually CSAT offer their consensus president. There has never been a
case where a resolution proposed by the president to be blocked by one CSAT members who
refused to join consensus.
In general, CSAT is not used as a crisis cell. Thus, during the war in Iraq that took place during
the administration Iliescu, it was established at the Romanian Presidency a crisis following an
earlier judgment of the CSAT. How CSAT knew a few days before the date the outbreak of war,
the crisis cell could be put in place three days before the attack and could not work fully and
efficiently since the beginning of hostilities. In the case of the Romanian journalists kidnapped
in Iraq, Basescu administration, the crisis cell led by the President was not confused in any way
with CSAT or Secretariat CSAT, though the crisis cell included persons from institutions
represented in CSAT and even CSAT members.

In regard of each institution represented in CSAT, there are different ways to accomplish the
collection or transmission of information, propositions, and viewpoints addressed to CSAT. For
example, within the Ministry of Interior, an officer located in the Minister's office, handles
issues CSAT. CSAT decisions for which the Ministry of Interior is responsible, are discussed in
the Management Board of MAI and dispense appropriate structure for execution of the
Ministry. That structure reports about the execution by Minister / College of Leadership and
this further inform the CSAT. In the SIE, the officer responsible for liaising with CSAT is the Legal
Directorate. Serious concern for this service is, at this stage, to ensure full compliance of its
business, so verify the legality of all actions SIE is mandatory within the institution.