Author: Melsena Dangli
At the beginning of April 2019, the government created a new police structure, the Illyrian Guard, which would operate in the market as a commercial company to provide paid Services to natural and legal persons, public and private; a wholly state-owned entity operating as a private company.
While almost all other public Services have been privatized, the government decided to create a public company to provide private Services.
Illyrian Guard entered the market at a bad time for private security companies.
The ongoing robberies of banks and other foreign exchange deposit agencies culminated in the super robberies inside Mother Teresa Airport.
The government motivated this unprecedented intervention, according to specialists in this market, with the poor service of the private sector, which had engaged untrained and poorly paid people.
The Illyrian Guard would recruit human resources from the ranks of the State Police and who would therefore be better trained, as well as have higher work and pay standards.
The state enters "violently" in a free market
Apparently, its creation is in the interest of the public, as it will provide greater security for the institutions it protects.
But does this "private police" with state capital violate free competition?
In points 10 and 11 of the decision on the creation of the Illyrian Guard, it is written: "All public institutions and entities, which have state objects under their administration, the preservation and security of which must be carried out by specialized Services for this purpose, are directed to request to this company to benefit from the security and physical security service.
If this company makes a decision about the impossibility of providing the requested service, public institutions and entities can provide this service in accordance with the relevant legislation in force".
Illyrian Guard is launched in a free market with the state behind it, which not only covers the costs and investments, but also orders the subjects to first request the security service from this company. Only if she will refuse it due to impossibility, then they can seek Services from other private companies.
Ledio Braho is a lawyer. He thinks that the creation and operation of this society is illegal.
"This decision is contrary to the Law on Public Procurement (LPP), as it excludes from public procurement procedures all contracts for the security and physical security of public entities", says lawyer Ledio Braho, when asked about this issue by this program.
This company does not behave at all like a free operator in a competitive market.
It penetrates the market by order, taking advantage of Services that it should have taken advantage of by competition.
"The decision distorts competition, as it arbitrarily favors Illyrian Guard, which was created with state capital. According to VKM, Illyrian Guard has absolute priority in concluding contracts for the provision of security and physical security Services. This also contradicts Law no. 9374, where it is stated that, "except for the cases provided otherwise in this law, any aid provided by state sources is prohibited", - adds Mr. Braho.
Private companies, which have operated until now in the security and physical security sector, have been significantly affected by the "violent" introduction of Illyrian Guard into the market. Many of them have lost the agreements they had with the state institutions, since this government decision forces the institutions to request the service from the Illyrian Guard.
It is worth mentioning the case of QSUT, which terminated the contract with Ndreu Security and entrusted the protection of the institution to the Illyrian Guard. This intervention in the market has a significant economic impact. Many private companies, not having the opportunity to enter the tendering process, are being forced to cut their employees. Many other institutions have received orders to replace their security companies with the Illyrian Guard. This order has been rejected only by banks and some diplomatic Services, as well as international institutions, which have continued to operate according to market rules, through tendering procedures.
Does Illyrian Guard offer more security?
In addition to the legal inconsistencies mentioned above, the Illyrian Guard was supplied with weapons by the State Police (which is prohibited); it did not have an official uniform and the police officers of this structure are not registered with the Police Directorate. The Illyrian Guard lacks capacity, has no operational rooms, and does not even have authorization from AKEP to use the waves for radio receivers.
During the creation of the Illyrian Guard , Prime Minister Edi Rama declared: "This new structure will make an important contribution to cleaning up a jungle of private police that is often a major drain on public needs and often does not offer the service that the State Police can offer. The Illyrian Guard police officers will be trained and educated."
But where did the state-owned company Illyrian Guard get its employees?
Some of the police officers from private companies, who have been fired or not, have joined the Illyrian Guard so as not to be left without a job.
We have a list of over 100 Ndreu Security police officers who are now part of the Illyrian Guard . These are the same "ill-trained" police officers who have changed uniforms.
The Association of Private Security and Protection Companies has sent a letter to the European Commission, complaining that Illyrian Guard is violating and damaging the SAA (Stabilization and Association Agreement).
The EC has taken into consideration the complaint of Union Security Albania.
This union has also sent a letter to the Competition Authority, complaining about the distortion of competition by Illyrian Guard . The response sent by the Competition Authority states: " The Competition Commission decided to recommend to the company Illyrian Guard JSC, that during the exercise of its activity, it respects the principles of competition and the legal provisions stemming from Law No. 9121, dated 28.07.2003 "On the Protection of Competition", as amended, and especially the observance of Article 9 of this law, but this recommendation has not produced any effect.
Union Security Albania has gone to court suing the Ministry of Interior and Illyrian Guard . During the first hearing, the lawyer for the Ministry of Interior defended herself by saying that the Illyrian Guard was created out of necessity because the private police service has problems.
Meanwhile, we learned that the head of Illyrian Guard , Henrik Elmazi, was previously president and technical director of Alsig Group , a company operating in the field of private security.
However, the Administrative Court of Appeal has decided to dismiss the lawsuit of the plaintiff Union Security Albania.
