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Projects / Programmes source: ARIS

A COMPARISON OF PRIVATE SECURITY PRACTICES REGULATION IN SLOVENIA AND EUROPEAN UNION MEMBER COUNTRIES

Research activity

Code Science Field Subfield
5.05.00  Social sciences  Law   

Code Science Field
S110  Social sciences  Juridical sciences 

Code Science Field
5.05  Social Sciences  Law 
Keywords
Plural policing, private protection, private security, private investigation, police, security, emergency situation
Evaluation (rules)
source: COBISS
Researchers (4)
no. Code Name and surname Research area Role Period No. of publicationsNo. of publications
1.  38301  PhD Miha Dvojmoč  Law  Head  2019 - 2021  736 
2.  17048  PhD Branko Lobnikar  Administrative and organisational sciences  Researcher  2019 - 2021  1,246 
3.  38302  PhD Kaja Prislan Mihelič  Administrative and organisational sciences  Researcher  2019 - 2021  282 
4.  17049  PhD Andrej Sotlar  Political science  Researcher  2019 - 2021  611 
Organisations (1)
no. Code Research organisation City Registration number No. of publicationsNo. of publications
1.  2131  University of Maribor Faculty of Criminal Justice  Ljubljana  5089638047  9,298 
Abstract
In modern developed societies, the police no longer has sole responsibility for providing security. It was joined in this function by other public and private entities, which became important players in prevention and management processes of crime and disorder, as well as strengthening the sense of safety. This is a pluralisation of policing activities, where specific national/public, local and private organisations, as well as individuals, carry out tasks and duties related to policing, providing security, and carrying out social control. Among these institutions, a particularly important role, in terms of powers and tasks in the private sector, is that of private security companies and private investigators. A feature of institution of plural policing is that is holds special authorisations exceeding those of regular citizens. Plural policing thus assumes a transfer of typical policing tasks from the state police to private security companies and other national and local police/security/control organisations. Such transformation, which began in Western Europe, has become strongly established in Slovenia as well. The main challenges of modern policing in Slovenia therefore lie in the cooperation between different players in the plural policing family, unification of standards in authorisations for representatives of policing organisations, and the question of supervision over operations of analysed organisations. We must therefore approach the study of this topic in a structured and multi-level manner, with international comparative analysis as the basis for developing the best practice in interagency cooperation. This is the basic premise for this research project. A normative and declarative commitment to cooperation between plural policing institutions does exist; however, it needs to be determined to what extent and in what way these commitments are actually realised, and how to organise such cooperation on the legislative level as efficiently as possible. Under this project, we will answer the following questions: How does the non-state (private) segment of policing in the Republic of Slovenia fit in the national security system of the Republic of Slovenia, or, more specifically, what is or could be the role of private security and private investigation in security situations of public interest, particularly in emergency situations? How are private security entities regulated from the perspective of working in crisis areas, as part of missions under the auspices of international entities or organisations (EU, NATO, UN)? The purpose of this research is to study the legal authorisations/tasks and competences held by the entities in this regard, with the purpose of forming best practice examples. With suitable application, best practice would contribute to a more effective resolution of national and international crisis situations, with an emphasis on interoperability and uniformity of operating standards for private security and private investigation entities in the EU. Furthermore, it would be topical and relevant to strengthen the study of supervision of individual entities of both state and private police (private security and private investigation), and, in this respect, encourage a quality discussion of the possibilities of transferring authorisations from state to non-state policing entities. We must also examine the question of the effects of these processes on the enforcement of individual’s rights and freedoms, as a transfer of competences of state police to private entities results in the risk of unauthorised interference with human rights, particularly due to the fact that permissibility of carrying out so-called duties of the state varies between entities and is not directly transferrable from one entity to another. As an example, we can examine the use of restraint, which a police officer is authorised to use, while a security guard can employ measures defined by the Private Security Act, with the list of “res
Significance for science
Based on the analysis of operations of various plural policing institutions from the perspective of permissibility of carrying out duties of the state, protection of human rights, transfer of state police competences to private entities, and regulation of private entities and situating private police in the national security system, the research project shall highlight best practices of mutual cooperation of different security institutions (primarily from the perspective of effective operation of private security and private investigation institutions) on the national and international level. To successfully ensure security in modern countries, it is necessary to precisely present the cases of supervision in different EU member states, and to propose potential changes with positive effects for security entities in the Republic of Slovenia. Using a comparative analysis of the possibilities of operations of private security and private investigation companies in the Republic of Slovenia and other EU member states, it is necessary to provide guidelines for effective and legally compliant cross-border operations. Based on these results, it is necessary to recognise examples of best practice, and to present proposals for implementation in the legal system of the Republic of Slovenia. The project results will contribute to legally compliant operation of described institutions, interconnectedness in emergency situations, and cooperation on the national and international level between state and private police. Study of different modalities of executing (transferred) police competences, forms of supervision and enforcement of operation of private security and private investigation companies in other EU member states, with an examination of the level of uniformity of requirements for these operations, opens up possibilities for developing best practices in the Republic of Slovenia and elsewhere (with dissemination of results in other languages). Considering the unique subject, we are planning numerous publications in national and international scientific journals. The research approach, best practice, and the results of the comparative analysis will be useful for the international environment, as they address issues that other countries are facing, too. The research results will be published publicly, and will therefore be available for foreign researchers for comparative studies with an emphasis on other member states.
Significance for the country
The results of the planned research represent an important influence on the use and development of competences of private security entities (which are primarily commercial entities) and protection of human rights from the perspective of criminal procedural law (permissibility of carrying our duties of the state). Based on the conducted analyses, researchers will prepare an applicable model with best practice examples for a successful multi-institutional response to emergency situations in the Republic of Slovenia and in other crisis areas around the world (within the framework of missions under the auspices of the EU, NATO or the UN). Based on research results, they will determine the options for successful cooperation of institutions on the national and international level. Security risks and security-defined problems are a source of threat to the individual and the community, and increase the operating costs of formal social control institutions, thereby having a significant effect on the socio-economic development of Slovenia. With the proposed solutions and appropriate activity, we expect important socio-economic effects on the operation of Slovenian organisations. Thus would also include maintaining their positions and consequently acquiring the required competitive advantages for successful and long-term operations on the global stage (based on findings and good practice, the private security entities considered in the project will be able to upgrade their work plans, improve their HR competences, improve the understanding of the options for operating in the international environment, and strengthen their legitimacy and transparency, which are conditions for commercial success and competitiveness).
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