What is the difference between the Standing Committee I and the administrative Commission responsible for monitoring the specific and exceptional intelligence collection methods used by the intelligence and security services?
Two entities are in charge of reviewing special intelligence gathering methods: the administrative Commission and the Standing Committee I.
The administrative Commission and the Standing Committee I perform parallel but separate controls of the methods used. They control the legality (and thus the subsidiarity and proportionality) of the measure. For exceptional methods, the administrative Commission also carries out an a priori review: it must normally provide assent prior to the use of such a method.
The Commission operates as an administrative entity, whereas the Standing Committee I operates as a judicial body.
The administrative Commission is made up of three acting members and three substitute members. One of the members has the capacity of state prosecutor, and the two others have the capacity of judge. The Commission is chaired by the magistrate with the capacity of investigating magistrate. These magistrates are appointed by the executive (the Standing Committee I is appointed by the legislative) for a term of five years, renewable twice.
The three acting members have been appointed by de Royal Decree of 26 December 2015. The Chairman is Jean-Claude Claeys, Vice-President and investigating judge at the East Flanders Court of first instance; the other members are Dominique Hendrickx, first deputy public prosecutor at the Walloon Brabant Court, and Viviane Deckmyn, judge at the Mechelen Court of first instance.