Public and Private Security: Collaboration or Privatization?
Privatization of Public Security
I start from two fundamental constitutional precepts:
- Art. 149.1.29 CE: Distribution of powers between states and regions. Confers exclusive jurisdiction on state private security.
- Art. 104 CE: The mission assigned to the FCS (as state and local CAAC). The mission is primarily the protection of fundamental rights and freedom and the protection of public safety.
Increasingly, the private security sector is growing, not only in volume but also in the areas involved.
Therefore, public safety constitutes the protection of people and property and maintaining public order.
And that affects mainly the private security field, and in some ways, private security is a reflection of public safety. It is a supplement to the public sector before the impossibility of solving all the problems of the current democratic society.
Private Security
A protection system adopted in the business world, especially for contract and given free as a complementary activity and subject to public safety.
Privatization
Notion: It arises from the transfer of management of a service or function in a business arena that disappears, leaving only the public administration in the hands of the administration, merely conducting control over private management.
In the field of private security, one cannot speak properly of privatization. According to the law, private security services are complementary to public safety.
Within the idea of private security, partnership has grown, and this will continue to grow. For example:
- Rail and subway stations also carry out joint action on public and private security guards with the monitoring function.
- There are also private security guards at airports where there is mixed security performance. The guards are monitoring, and police are acting in situations.
- It also controls access to airports in other countries.
- Privatization is also possible in criminal justice, especially in prisons, but it would be more controversial because it could be unconstitutional.
Private Investigation: Concept and Finnish Principals
Research
Development-oriented activities whose facts were previously unaware of; therefore, it is a process of applying specific methods and techniques to specific situations and tests to find answers and get new knowledge.
Purpose
To determine the structure and infrastructure of phenomena to explain its operation to reach its control, reform, and transformation. The private investigator has the right to combine all information properly (Art. 20.1.d EC) with respect to any citizen’s right to privacy (Art. 18 EC).
The PIs are responsible for the application of the features set by natural or legal persons of art. LSP 19 and 101 of the Regulation.
Features
- Strictly for the private investigator: Obtain and provide information or evidence of conduct or made private.
- Criminal investigation at the request of the parties only agrees with legitimacy in the criminal proceedings.
The Scope of Private Security
- Surveillance fairs, hotels, exhibitions, or similar areas. (Art. 101, Reg. private security specific areas which are these analogues.)
- Department stores
- Places of public attendance
The PIs have a series of bans on their performance in private law in reference to Sec. Private, for in another place would be an administrative offense.
Neither can be investigated in relation to crimes prosecuted ex officio. Or use material or technical means that can alert against the right to honor, the image itself, or the secrecy of communications materials.
The Exclusive Competence of the State in Matters of Public Security (Art. 149.1.29 of the Spanish Constitution)
Art. 149.1.29 CE (exclusive) has jurisdiction in public safety without prejudice to telling their own regions.
Exclusive Competence
These are the ones that blame the state or the CCAA for all functions on a given subject. Also attributed the normative functions as the executive.
Concurrent Powers
We come together when, on the same subject, in the exercise of regulatory power, both the State and the Autonomous Communities converge in the sense that the state reserves the CCAA legislation bases and developing these rules is a function of development (the McD’s) execution. This is a set gcd (greatest common denominator), i.e., they have something in common throughout the state. This is regulated in the Statutes of Autonomy.
Shared Competence
It means that somehow the powers of state are the legislative powers (enact laws and regulations), but the application of these laws corresponds to the regions.
- Catalonia: the Transit
On security, it is configured as a private exclusive jurisdiction of the State but must qualify for public safety, creation of autonomous bodies, and legislation banning the CAAC. CAAC has executive powers.
For the corresponding state, private security matters have been reserved to the Ministry of Interior, CNP, and GC.