With art. 3 paragraphs 7 to 13 of the Law 15 July 2009 n.94 the employment of personnel assigned to the control services of entertainment and show activities in places open to the public or in public establishments is authorized. The requirements for registration in the appropriate prefectural lists, the methods for selecting and training personnel, the application areas and their employment are the responsibility of the Ministry of the Interior which, with a specific Ministerial Decree of 6 October 2009 and subsequent amendments, has issued the relevant implementing decree on the matter.
In the area of training, the Ministerial Decree establishes in art. 3 that training is to be "organized by the Regions". With this provision, the Decree does not change the ownership of the body responsible for training, since this is established by law no. 94/2009 under the Ministry of the Interior. In this sense, the Decree provides for the mere organizational phase of training activity with the "care" of the Regions. Training remains the responsibility of the Ministry of the Interior to this day, in fact the same can at any time issue a new Decree with the possibility of directly accrediting the training bodies, of modifying the number of hours, the skills to be acquired and the subjects to be covered, as for example in the case of training for another regulated profession in the field of "private security" under ministerial jurisdiction as per the Decree of 13 August 2019 - Amendment of the decree of 8 August 2007, containing "Organization and service of stewards in sports facilities".
To strengthen the principle of exclusive competence of the Ministry of the Interior for the professional qualification of the Person in charge of the control of entertainment and show activities in places open to the public or in public establishments, we cannot fail to refer to the so-called regulatory professions, already mentioned above. In the context of the professions regulated by act of 22/02/2021 of the Ministry of the Interior - Department of Public Security - Office for the General Administration of the Department, the Ministry issued a circular relating to the "implementation of Directive 2005/36/EC of 7 September 2005 relating to the recognition of professional qualifications obtained in the Community implemented by Legislative Decree 9 November 2007, n.206." The circular represents a guideline act, the contents of which "imply profiles of direct interest for the economic and professional operators of the various sectors involved".
Directive 2005/36/EC was replaced and amended by Directive 2013/55/EU, and consequently Legislative Decree no. 206/2007 was integrated by Legislative Decree no. 28 of 2016 January 15, extending the mutual recognition of regulated professions in the “private security” sector. In particular, art. 5 paragraph 1, letter l-quinquies of Legislative Decree no. 206/2007 identifies the Ministry of the Interior as the competent authority for the recognition of the relevant “professional qualifications” as also stated in the same circular of 22/02/2021.
From the analysis of the Ministerial Decree of 6 October 2009 and in particular the scope of training of personnel assigned to control services, in implementation of law no. 94/2009, it is clear that the same Decree cannot establish training requirements by defining EQF certification levels and/or refer to the repertoire of professional qualifications held by the Regions, since the law did not provide for a specific training level or the need to obtain a qualification certificate in order to be registered in the prefectural lists, nor were such possible requirements regulated in this sense in the implementation of the European directives, which instead identifies the Ministry of the Interior as the competent authority for the recognition of "professional qualifications". But there is more, with regard to the legal reserves provided for by art. 117 of the Constitution, the Regions have legislative power in matters not expressly reserved to State legislation. Among the matters of concurrent legislation is also that of professional training unless it is pertinent to matters of exclusive competence of the state and in this specific context the same art. 117 in letter h) reports as reserved matter: "public order and security, with the exception of the local administrative police".
This therefore gives rise to the exclusive competence of the State also in relation to training in the field of "public order and security". Therefore, in this sense, the Regions nThey have no legislative power regarding this regulated profession nor can they carry out acts that could professionally qualify this figure.. Furthermore, the requirements to carry out this regulated profession do not end with the training activity; and therefore, any professional qualification certificate issued by a Region would be illegitimate, as it is not provided for by law and on a matter reserved to the State, and would not allow the holder of the qualification to be directly employed in the profession of Control Services Officer even if in possession, precisely, of a professional qualification certificate.
In order to obtain recognition of a professional qualification suitable for carrying out the role of Control Services Officer, which does not end with the training phase alone, it is necessary to possess further requirements as set out in art.1 paragraph 4 of the Ministerial Decree of 6 October 2009, requirements which must be verified by the prefect competent for the territory.
Also in order to place this figure in the working context, We must point out that the Person in Charge of Control of Entertainment and Show Activities in Places Open to the Public or in Public Establishments cannot carry out his/her work independently as he/she is not a freelancer and therefore cannot, after having obtained the training qualification, open a position in the INPS Separate Management and/or register with the Chamber of Commerce as his/her role is inserted in a subordinate work context in which he/she is qualified for this profession..
The Control Services Officer even after having obtained the required training does not even have the possibility of registering directly with the competent territorial prefecture as this obligation can only be carried out by employers, i.e. by managers of entertainment activities or by institutions authorised pursuant to art. 134 of the Consolidated Law on Public Safety and classified through the CCNL for employees of Unarmed Subsidiary Security Agencies and Investigative Institutes (Control of Entertainment - Commercial - Trade Fair Activities - Reception, Security and Area Monitoring Services) INPS Code 291, CNEL Code HV40.
Once these aspects and the ownership of the Ministry also in the field of training had been defined, and given the choice of the then Minister Maroni to take care of the training aspect with the organization of the Regions, as indicated in art. 3 of the Ministerial Decree of 6 October 2009, a specific State-Regions Agreement was signed on 29 April 2010.
The Agreement defines a series of “minimum common elements for the organization of training courses essential for registration in the list provided for in art. 1 of the Ministerial Decree of 6 October 2009 and therefore for the exercise of the professional activity.”
Through this regulation, the Ministry of the Interior has defined in the FINAL EXAM AND CERTIFICATION section as a suitable training qualification a “Certificate of attendance with verification of learning” in line with the legal arguments previously analyzed.
This type of training qualification indicated in the State-Regions Agreement limits the competence of the Regions in issuing professional qualification certificates since otherwise a conflict of attribution would be created in order to issu a possible qualification issued by the Regions with a certifying nature of the professional qualification, with respect to the competence of attributing the professional qualification held by the Ministry of the Interior as the only competent authority to ensure its recognition pursuant to Legislative Decree no. 206/2007 integrated by Legislative Decree 28 January 2016, no. 15.
A further crucial step in the training of this professional figure is the identification of the training bodies and therefore of the bodies authorised to provide the training courses as required by the Ministry of the Interior.
The aforementioned State-Regions agreement, under the heading TRAINING SUBJECTS, provides that the training course is provided by the Region and the Autonomous Provinces “directly or through accredited subjects in accordance with the model defined in the State-Regions and autonomous provinces Agreement of 20.03.2008, and/or through subjects specifically authorised on the basis of the provisions adopted by each region”.
The provision of three distinct training bodies authorised to deliver training courses was a explicit choice of the Ministry of the Interior. In fact, during the technical session of 15 February 2010, in the analysis of the draft agreement transmitted by the Conference of the Regions and Autonomous Provinces, the Ministry requested the specific insertion of this provision in the text under examination and subsequently, in the final draft transmitted by the Regions with a note dated 2010 February XNUMX, the Ministry, having taken note that the provision had been inserted in the draft agreement “further clarification regarding training bodies”, establishes the agreement.
In essence, the Ministry of the Interior has identified three distinct training bodies authorised to deliver the course.:
1) the Region;
2) the bodies accredited in accordance with the model defined in the State-Regions and autonomous provinces Agreement of 20.03.2008;
3) further subjects other than the Region and accredited training bodies, i.e. further subjects which, differently from accredited bodies, require in this case specific authorisation from the Regions according to the provisions adopted by them.
In this regulatory context, the Regions, as training bodies, can directly provide training and can identify additional bodies other than accredited training bodies, which in this case will require specific authorization. With regard to the bodies accredited in accordance with the model defined in the State-Regions and autonomous provinces Agreement of 20.03.2008, they are already identified as training bodies and the Regions, in their power of control, have the task of verifying the existence of the accreditation requirements provided for by the aforementioned Agreement of 20.03.2008 for the maintenance of the status of training body for this specific regulated profession.
The will of the Ministry of the Interior to recognize accredited training bodies as training bodies cannot but lead us to the observation of the Ministry's will, on the one hand, to proceed with the provision of a qualitative training, since the requirements set out in the State-Regions and autonomous provinces Agreement of 20.03.2008, for the purposes of obtaining regional accreditation, are very rigorous; from one to another streamlining of training procedures, through accredited training bodies, which in their capacity as training bodies, and therefore legally authorised to provide courses, can directly and quickly satisfy the training needs requested by the economic operators identified in art. 1 of the Ministerial Decree of 6 October 2009, which, as referred to in the aforementioned Ministry directive of 22/02/2021, certainly represent needs that “imply profiles of direct interest for the economic and professional operators of the various sectors involved” useful to satisfy the need for having staff qualified to be employed as a Service Supervisor for the control of entertainment and show activities in places open to the public or in public establishments.
In conclusion, in order to ensure that the “minimum common elements for the organization of training courses” have been respected and therefore recognize as valid the certificate of attendance with verification of learning issued by the training body, the Ministry of the Interior, as the only competent authority in the recognition of "professional qualification" has the duty/power, for all training bodies, to verify that they have provided the course as indicated in the State-Regions Agreement and therefore that the student has been admitted to the final assessment test after having attended at least 90% of the minimum 90 hours required and that the assessment test has been organised and managed according to the principles of transparency and traceability of procedures. Furthermore, with regard to accredited training bodies only, the Ministry has the task of verifying the existence of accreditation in accordance with the model defined in the State-Regions and autonomous provinces Agreement of 20.03.2008 and, with regard to other entities, verifying that they have been previously authorised by the Regions in accordance with the regulatory provisions adopted in this matter by the Regions themselves.
Ferdinand Lombard (AISS training department)
