Maia Sandu approves new Security Council rules: members and decisions
President Maia Sandu approved, by decree, a new Regulation on the organization and functioning of the National Security Council (CNS), a document that redefines the structure, attributions and working methods of the institution, introduces stricter rules regarding the responsibility of members and strengthens the mechanisms for making and implementing decisions in the field of national security.
The presidential decree signed on March 18 entered into force on Friday, March 20, upon its publication in the Official Gazette. The new Regulation on the functioning of the CNS replaces the previous one, approved in March 2021. Based on the new document, the National Security Council also includes the director of the Center for Strategic Communication and Countering Disinformation (STRATCOM), an institution created in 2023.
According to the Regulation, “The Council is composed of a president, secretary and members”, and the head of state “exercises the function of president of the Council and manages its activity”. Also, “the secretary of the Council is appointed by the President of the Republic of Moldova, by decree, and holds the status of advisor to the president”.
The document clearly establishes the composition of the CNS, specifying that it includes, ex officio, among others, the President of Parliament, the Prime Minister, the Ministers of Defense and Internal Affairs, the Director of the Intelligence and Security Service, the Prosecutor General and the Governor of the National Bank, as well as the Director of the Center for Strategic Communication and Countering Disinformation.
The Regulation introduces strict obligations for the members of the Council, who must “hold or obtain authorisation to access classified information”, “actively participate in the Council’s work” and “respect the confidentiality of deliberations and documents”. At the same time, they are obliged “to avoid and prevent any situation that could generate a conflict of interest”. In such cases, “the member concerned is obliged to declare this fact in writing (…) and to refrain from participating in the debate and adoption of the related decisions”.
The current activity of the CNS is coordinated by the secretary, who "organizes its meetings, ensures the transmission of adopted decisions and monitors their implementation". In exercising his/her duties, he/she "draws up (…) the draft agenda", "coordinates the development and presentation of materials" and "ensures the transmission of the Council's decisions to the relevant authorities and institutions".
CNS meetings are usually held at the headquarters of the President's Office, but may also take place in other locations or online, "in compliance with information security conditions". The regulation provides that they "are held in secret", and the participation of members is mandatory, with absence being permitted only for justified reasons.
The agenda is established by the President of the Council, and the meetings may have a decision-making or consultative role, ending "either by adopting binding decisions (…), or by formulating conclusions, recommendations or strategic guidelines".
Regarding the decision-making process, the Regulation stipulates that the CNS "adopts decisions, as a rule, by consensus", but, in its absence, decisions may be taken "by simple majority vote of the members present", and "the vote of the President of the Council is decisive" in case of a tie.
CNS decisions are binding, being defined as "individual legal acts (…) enforceable against the public authorities and institutions concerned". They are communicated through secure channels and include implementation deadlines, responsibilities and reporting mechanisms. "In the absence of an express deadline, implementation is considered immediate", the document states.
Also, the Regulation stipulates that CNS decisions "may constitute the basis for issuing (…) decrees, orders or other acts regarding national security", and monitoring their implementation is the responsibility of the Secretary of the Council, who reports periodically to the management.
