What private security is allowed to do in public spaces

By Christian BlockLex KlerenMisch Pautsch Switch to German for original article

What are employees of private security companies allowed to do when they are supposed to provide security at concerts or other events? And where is the dividing line with the duties of the police? 20 years after the last amendment, a reform is now set to clarify the powers and boundaries of the industry.

It was a CSV-DP government that initiated the last reform of the law on "activités privées de gardiennage et de surveillance" more than 20 years ago. As chance would have it, the next reform will once again be passed under a CSV-DP coalition – even if this time it is not at its origin.

Former Minister of Justice Sam Tanson (déi gréng) submitted the draft reform to the Chamber of Deputies in June 2022 on behalf of the former three-party coalition with DP and LSAP. Following a consultation with the Council of State in May of this year, the parliamentary Justice Committee unanimously adopted further amendments by the majority at the end of September.

The reform is partly a response "to certain incidents that made the headlines [in 2021] and concerned the use of security companies in public spaces, including guard dogs", according to the draft. One incident in particular comes to mind, in September 2021, when a guard dog bit a man on the street after an altercation had broken out. At the time, employees of a private security company were out and about in various neighbourhoods on behalf of the City of Luxembourg. These incidents triggered discussions about the exact nature of certain services provided by security companies and the distinction between private and public security.

The reform is also a response to the opinion of the Inspectorate General of Police (IGP) of February 2022, commissioned by the then Minister of Public Security, Henri Kox (déi gréng).

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