Freedom to provide services as a sworn private security guard
29.10.2020
Question for written answer E-005898/2020
to the Commission
Rule 138
Laura Ferrara (NI)
The principle of freedom to provide services and economic activities is one of the cornerstones of the European common market.
Freedom to provide services means that nationals of Member States have the right to move around and reside freely within the EU by taking up and pursuing an economic activity.
More specifically, as regards the option of working as a sworn private security guard in a self-employed capacity, this was initially hindered in Italy but was judged to be lawful by the Regional Administrative Court of Emilia Romagna and the Council of State, which clarified that under Italian sectoral legislation: ‘there appears to be no reason to prevent the granting of authorisation to carry out security guard activities as a self-employed worker who is not answerable to an employer’.
Furthermore, in keeping with the principle of freedom to provide services, the CJEU had previously ruled on this matter in Cases C-283/99 and C-465/05.
However, the recent Law No 126/2020 introduces the following requirement: ‘the existence of an employment relationship with an approved security firm’ as being necessary in order to be appointed as a sworn private security guard and to enable the pursuit of this occupation.
In view of this, can the Commission say:
- 1.what action it intends to take in this case;
- 2.how it intends to harmonise legislation in this sector;
- 3.whether, in its view, this recent Italian legislation runs counter to the EU principle of freedom to provide services?