International Journal on Criminology Volume 4, Number 2, Winter 2016 | Page 128

International Journal on Criminology
European qualifications stipulated by directive in 2013 also had an impact on
private security—private security qualifications issued in a member state with
private security legislation must henceforth be accepted. 39
The authorities of the European Union have thus been a lever for convergence,
showing that the authority of states is not absolute in the field of private security. The
ultimate step would be the establishment of an organ, authority, or agency in charge
of private security in the European Union.
There is a strong economic element behind this legislative and regulatory
harmonization. Claude Tarlet, vice-president of the CoESS, traces the direct line from
law to the economy in an international context: “How and why may Europe contribute
to the global economic growth of the sector? In what way can harmonization promote
competition? I would first mention globalization. Not the globalization imposed by the
financial markets, but the globalization that determines the contractual requirements
drawn up by risk managers and managers of safety and security in international groups
[…] which privilege the European—or even global—markets published in the OJEC
(the Official Journal of the European Community). Moreover, the role of any provider
is to respond better to their clients’ demands. In this context, the creation of a “Europe
of security” will allow businesses of any size to respond individually or in the form of
European groups if—and only if—legislation is harmonized.” 40
The final vector of convergence and homogenization is found in standardization.
In this regard, expansion can be observed at the international level with the International
Organization for Standardization (ISO) and at the European level with the European
Committee for Standardization (CEN). However, standardization of necessity orients
considerations and challenges to the supranational level, as the principle of normative
subsidiarity prevails. Furthermore, they define practices, which can be beneficial
if the concerned parties are engaged and influence the benchmarks established, or
destabilizing if the parties concerned choose to pursue an “empty chair” policy. In any
case, objectively they lead to convergence. Two examples of international standards
in private security demonstrate this convergence:
- ISO Standard 28000 relating to “ships and marine technology,” of Anglo-
Saxon origin, has become the quasi-obligatory international reference for the
armed protection of ships.
39
The document in question is Directive 2013/55/EU of the European Parliament and of the Council
of 20 November 2013 amending Directive 2005/36/EC on the recognition of professional qualifications
and Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market
Information System.
40
Tarlet, Claude. “L’Europe, catalyseur de la compétitivité des entreprises,” Sécurité & Stratégie, n°
13. June 2013/September 2013. p. 18.
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