Democratic control over the armed forces in the legal order of the member states of the Council of Europe

Abstract

The control of the military is an indispensable element of a democratic government. Author of the article says that the degree and type of such control will vary considerably according to the system of government, historical traditions and also cultural values. The democratic control over the armed forces has two dimensions, which both enhance and promote confidence – building and peace. The domestic dimension implies the primacy of the civilian general interest of the principles of a democracy over the military. The international dimension prohibits in general the threat or use of force against a State. The democratic control of the armed forces is a complex matter. The author has focused in particular on aspects related to the armed forces: ‘traditional’ issues such as military expenditure or military budget and appointment of top commanders and issues which correspond to the change in the role of the armed forces, both at national and international level. Indeed, since the end of the cold war, armed forces have undeniably undergone a profound shift in both the range and focus of their role. This refocusing of defence and security policy in many Council of Europe member States has led to more national participation in international peace missions. Likewise, the changing nature of the threats posed to national security and in particular the rise of international terrorism has resulted in the re-emergence of an international role of the army in many European states, which requires a specific control of the conditions by which a state uses the army in domestic issues.