La seguridad urbana: entre la seguridad ciudadana, el civismo y la convivencia en espacios públicos

Student thesis: Doctoral thesis

Abstract

Along these pages, we have exposed what is understood for security in present days. To begin with the constitutional concepts associated to it: public order; public safety as a guarantee of rights, but also as a prestational right of the citizens and a correlative duty of the Public Administration; and finally, we have delimitated public safety as the whole of public policies of security further than the State exclusive competence of the article 149,1,29 CE. Correlatively, the phenomenon of insecurity has been analysed considering all the factors that join together to produce insecurity. In fact, it comes to analyze the deep changes produced in western societies, as long as social and democratic States of Law of the end of the XX century and beginning of the XXI century, creating a worry for the perceived insecurity, subjective, more than for the objective one. And that insecurity would easily grow in the cities, and concretely in its public spaces. In relation to the theory of insecurity, it has been made a summary of the criminological theories appeared in the same period at the end of the XX century and beginning of the XXI century, dwelling upon, among others, the critical criminology, left realism, Broken Windows, situational prevention, the theory of routine action (with its antecedent the economical approach) or, finally, the whole of techniques known as Crime prevention through environmental design (CPTED). The whole of these theories doctrinal hypothesis would have lighted a decentralized security in the cities, and, finally, the enactment of norms to regulate the behaviour, which would have a strong orientation to the protection of the public space and also of the urban environment (dirt, noise, graffiti …). Finally, the thesis is centred on the Spanish reception of this kind of norms to regulate disordered behaviours through the called ordinances of civism and cohabitation. These norms are not an isolated example in Europe, as there are European antecedents, both of a more general character (like the case of the Crime and Disorder Act) as of strictly local character, like the municipal French arrêtes (of large tradition in French Law), the Street Wise of Amsterdam or, contemporary to the Spanish ordinances, the decrees that il pachetto sicurezza enables the Italian mayors to regulate the disordered conducts in the area of the sicurezza urbana. Both in the French case as in the Italian, we are using administrative norms, typical instruments of administrative police, to deal with insecurity, and that would be a remarkable drift of the new security policies: the substitution of penal norms for administrative norms. We must pay special attention to that question for what could eventually implicate the decrease of citizen guarantees.
Date of Award28 Apr 2014
Original languageSpanish
SupervisorJose Carlos Remotti Carbonell (Director)

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