Romania Considers Militarization of Internal Protection Forces

MApN draft law that enables military intervention beyond state borders.


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The Ministry of National Defense (MApN) has initiated a public consultation on a draft regulatory act regarding the Law on Romania’s National Defense, which includes provisions for the militarization, under certain conditions, of protection forces within the Ministry of Internal Affairs, as well as the deployment of military and non-military capabilities beyond the territory of the Romanian state to protect Romanian citizens.

According to the statement of reasons, through the solutions foreshadowed by this draft law, national defense is comprehensively defined and new approaches are introduced to the relations specific to the field of defense at a conceptual and institutional level, respectively:

– the norm no longer refers to “military doctrine”, but to defense planning documents at national and departmental level, in order to ensure the normative framework for the implementation of the National Defense Strategy (SNA) and the Military Strategy (SM). Thus, the types of forces that participate in the execution of the actions by which the decisions and measures necessary for the defense of the country are implemented and the way of determining the necessary capabilities are provided.

Last but not least, the draft normative act provides for the role of the Ministry of National Defense to integrate and lead, in a unitary conception, the actions of all the forces participating in the defense of the country, according to the plans in force;

– creates the internal normative framework necessary to implement the decisions adopted within the organizations in which Romania is a member;

– correlated ensures the legal framework for the transfer of authority and completes the scope of Law 291/2007 on the entry, stationing, carrying out of operations or transit of foreign armed forces on the territory of Romania, republished, with subsequent amendments and additions, and Law 121/2011 on the participation of the armed forces to missions and operations outside the territory of the Romanian state, with subsequent amendments and additions; – establishes the principle of single, inter-institutional leadership at a strategic level;

– establishes the competences and the method of employment of the military and non-military capabilities established at peace, in the case of hybrid threats that do not require the establishment of one of the exceptional measures provided for in art. 93 of the Romanian Constitution, republished or the disposition of one of the measures provided for in art. 92 of the Constitution;

– ensures the legal framework for the employment of military and non-military capabilities outside the territory of the Romanian state to protect Romanian citizens in danger; the measure mainly targets the Romanians from Ukraine and Republic of Moldova.

The militarization of the MAI structures in the state of siege, mobilization or war will generate a series of essential operational advantages in terms of creating an integrated strategic image, the ability to coordinate forces and plan actions. At the same time, it will increase the integration capacity of the MAI forces within the devices established inside the national territory and will ensure a high degree of interoperability and complementarity of actions in relation to the military forces, during the various missions to ensure the security and protection of the population.

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