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Les activités privées de sécurité à l'épreuve du droit public français : contribution à l'étude des mutations de la police administrative

Abstract : Services provided by private security firms aim to protect individuals and property and are governed by a specific and relatively recent legal system. In theory, this type of commercial activity should solely be bound by private contract law, without any access to the power afforded by the public sector. Various types of internal security have been recently institutionalized alongside public security forces, and now assume specific conditions of access and employment. Moreover, the continual extension of their functional structure illustrates a teleological approach from those in public power to legitimize these activities and their effective participation in crime fighting. In this case, should we still consider public security out of merchandisation ? Nevertheless, the practical usage of private security is bound by one compelling and limiting principle, stating that private individuals cannot execute public law enforcement missions. Though professional private security firms do not explicitly replace the public police force, they fulfill a mission of social peace that calls into question the fundamental theories pertaining to the role of public authority in the matter of social peace. It would seem that private security’s logic of action would cause a conceptual confrontation between individual liberty and private actions on the one hand, and the notion of public order, police authority and public interest on the other hand. The validity of this contemporary logic stresses the need to redefine the classic tools of French public law as it relates to legitimizing current means of action in relation to the protection of social order. The notion of police is at stake, but maybe this could be considered as an opportunity to reessentialize it. But the problematic issue of general security is, at this point, so complex, that in order to fairly examine the issue, it is has become mandatory to evaluate it within a metalegal phenomenological format in which a jurist can be expected to clarify the distinctive nature of the public versus private domain.
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Arnaud Barbier. Les activités privées de sécurité à l'épreuve du droit public français : contribution à l'étude des mutations de la police administrative. Droit. Université Sorbonne Paris Cité, 2018. Français. ⟨NNT : 2018USPCD031⟩. ⟨tel-02479767⟩

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