Legal Analysis of Public Authorities of Chamber for the Development of Slovenian Private Security – de lege lata and de lege ferenda
Purpose:
This paper examines the development of delegation of public authorities to the Chamber for the Development of Slovenian Private Security. Based on an evaluation of past and present experiences, the authors set guidelines for future legal regulation and administrative practice.
Design/Methods/Approach:
The research presented here is based on an analysis of legal regulation and theory of public authorities, of the case law of the Constitutional Court of the Republic of Slovenia, and of the administrative inspection reports on implementation of public authorities of former Chamber of the Republic Slovenia for Private Security.
Findings:
Public authorities are institutes of Slovenian constitutional and administrative law. An analysis of sector-specific laws shows that a variety of administrative tasks is delegated to subjects of public and private law (e.g., public enterprises, chambers and individuals).
In practice, the delegation of public authorities poses several major problems: ex ante, justifications of delegation are very vague and not supported by analyses, while ex post evaluations of delegation are non-existent and supervision of the implementation of public authorities is insufficient. In practice, supervision is mainly the result of malpractice as identified by random checks or the media, and not the result of systematic activity.
The public authorities of professional chambers present a special problem. Public authorities of the former Chamber of the Republic Slovenia for Private Security pertaining to the licensing and professional supervision of members of the chamber have been withdrawn based on findings by administrative inspections.
Research Limitations / Implications:
The research is limited to Slovenia, but the findings are relevant for other “young democracies” in the region and of potential interest to Western European democracies.
Originality/Value:
The analysis addresses key problems in delegating and implementing public authorities, evaluates the results of experiences, and offers possible solutions.
UDC: 351.746.2(497.4)
Keywords: public authorities, private security, chamber, case law, constitutional court, Slovenia