Regional Powers and Administrative Sanctioning in Private Security
Regional Powers in Relation to Private Security
Autonomous regions with the authority to protect people and property and maintain public order (provided they are a State) in accordance with the Act may carry out the FCS faculty authorization, inspection, and sanction of security companies domiciled in the CCAA and whose scope is limited to it.
The law recognizes private security responsibilities to FCS and, according to the EC, public safety is a matter where there are concurrent powers with the CAAC. It recognizes several competencies (legislative and executive, but always within the framework of the LO of FCS 2/86 as the LSP 92) on the protection of persons and property and maintaining public order.
Regulation of private security recognizes authority in the autonomous regions.
These regional powers must understand that without prejudice to the State as may correspond to the relevant body and that public safety would be necessary to fix this common denominator or legislation in the state report.
The exercise of powers requires that among the various administrations involved are given the appropriate relations of cooperation and coordination necessary to make them effective.
Catalan Decree 272/1995
In Catalonia, there is a provision in regulations for private security (reinforcing shared power): Catalan Decree 272/1995 of 28-09 regulating the exercise of powers of private security. It refers to the jurisdiction of the CCAA and, through this Decree, creates the Special Register of private security firms in Catalonia. Within the scope of this record are included both private security such as commercial, industrial, or services that have taken security matters in accordance with the LO of Public Safety Protection.
Constitutional and Legal Limits of Public Archives and Records
A constitutional right is regulated in Article 105 EC. It has its limits: state security, the privacy of persons, and the investigation of crimes.
This is a right to be spoken of by the Public Administration, who are the ones that have these public records and archives.
Article 105 EC indicates that we are not dealing with a fundamental right, but rather a configuration, as it refers to the law for the content of the right. It puts constitutional limits. It is also regulated by Law 30/92 of a regiment of Public Administration. Article 35 of said Act speaks of citizens’ rights.
- Interests particularly for those holders of that right. They are interested only in driving east on the proceedings.
- Interests for all citizens in a broad sense. (Also foreigners), only to pull in finalized procedures.
Article 37 regulates the content of the right to access. It designates a general right to access records from that part of the proceedings independent of its form of documentation and expression: graphics, sound, provided that it extends to finalized procedures.
Article 37, Paragraph 2, speaks of access to certain types of documents. In principle, those that have the reserved right to privacy will only be accessible to those who have this right, that is, only the affected prisons or with third-party authorization can access them.
Normative Documents
Normative documents that affect the privacy of people but make reference to a specific person, in this sense, can be accessed by the affected persons and by legitimized third parties.
There is documentation in which access is included directly, these are sensitive topics such as documents, crimes, intellectual property, industrial property, national security.
Application of the Principles of Administrative Sanctioning Power in Industrial Research and Private Security
Beginning of Sanctioning Power
Law 30/92, Title 9, regulates sanctioning power.
- Principles of sanctioning power
- Beginning of the Administrative Procedure for sanctions
This structure is reflected in this Title that is head and collects the early case law that derives from TC to EC Art 25. It collects the principles of Art 24 EC.
Article 24 EC is essentially thought of as the procedural scope, as it guarantees any person rights extended to administrative disciplinary proceedings.
The LSP regulates in its PAC IV the administrative penalty regime both in relationships with security companies and in matters of security and personal privacy. This difference in the field of sanctioning powers of criminal matters, as in criminal punishment to individuals only, and the ADM, it punishes individuals and legal persons.
Principles of Sanctioning
- Principle of Legality and Availability of Law: This principle implies the need for every violation and administrative penalty to be contained in a regulation with the force of law. Unlike the criminal area, the law need not be organic in nature; it also applies if ordinary.
- Principle of Authenticity: Closely related to the first principle. It means that you can predict in advance who will conduct each violation. There must be a degree of foresight by the citizen to know whether or not he will impose the sanction.
- Principle of Non Bis In Idem: You cannot punish the same conduct twice for the same fact.
- Principle of Non-Retroactivity: It implies that subsequent legislation that is unfavorable to the person who commits the violation does not apply to acts committed at certain times. The principle of retroactivity is different from the standard more favorable, which is the opposite situation: the rule does not apply later if not more favorable.
- Principle of Responsibility: Both individuals and legal entities (e.g., security firms) are responsible for administrative violations.
- Principle of Proportionality: (covered by Article 131 of Act 30/92 and Article 31 LSP) involves the adequacy of resources used up in being pursued. This means that in fact, imposing a violation adm. There are several criteria that serve to graduate the offense adm.
- Principle of the Prescription of Administrative Violations and Penalties: The prescription involves the termination of the disciplinary responsibility of the adm. with the passage of time. The adm. may not impose an infringement because the time period established by law has elapsed.