Private Security Regulations and Administrative Police

Fourth Additional Provision of the Private Security Law

The Autonomous Community (CA) responsibilities for the protection of people and goods, and for the maintenance of public order, can develop the powers of authorization, inspection, and sanction of security companies that have their registered address within the CA.

For these purposes, such financial information is communicated to the Security Board. They also correspond to the complaint and inform the competent authority of violations committed by security companies.

Statute of Autonomy of 2006

The Generalitat executes State laws in the following subjects:

• The inspection and sanction of private security activities carried out in Catalonia.
• Authorization of private security personnel training centers.
• The coordination of private security and investigation services with the Police of the Government and local police forces in Catalonia.

The Generalitat has exclusive competence regarding professions and professional associations.

Principles of Administrative Police

Tema 3: Principles of Administrative Police

• Principle of Reservation of Law: This implies that control techniques must be provided in rules with the force of law. Regulations may not cancel these standards but are always complementary in nature. In our legal system, independent regulations do not fit within the administrative police.
• Principle of Proportionality: This implies a match between the purpose pursued by the control technology and the means used.
• Principle of Favor Libertatis: When several steps can be taken, the one least restrictive to individual freedom must be chosen.

Key Measurements of Administrative Police

These include regulations, orders, prohibitions, obligations of identification, administrative registration, administrative checks, and administrative penalties (an activity properly differentiated from the general activity of the administrative police).

Administrative Authorization and Enabling

This refers to subordinate legislation in the exercise of certain activities where administrative checks declare that the activity does not involve injury to the public interest. It is an administrative act resulting from police limitation, checking the suitability of a person to perform an activity.

In all existing authorizations, there are regulated and discretionary elements in different proportions depending on the case.

Types of Approvals

• Simple: Aimed at conducting a specific and isolated action to be performed by the authorized subject.
• Operative: Refers to private activities developed continuously and permanently. There is no possibility to revoke the authorization.

Notes on Inspection

Inspection is an activity whose main function is the investigation or monitoring of certain facts or events. It involves the recognition and verification that an activity fits within the law. The body that oversees the private security sector is the National Police.