Postęp i zmiana, czy kuriozum w świetle przepisów prawa administracyjnego? Zakłady administracyjne tworzone przez podmioty niepubliczne na przykładzie muzeów niepublicznych
Progress and change, or a curiosity in the light of administrative law? Administrative institutions established by non-public entities – the example of non-public museums

Summary/Abstract: The article addresses the issue of non-public museums which perform the same public tasks as their public counterparts, thereby justifying the recognition of the former as administrative institutions within the framework of contemporary Polish administrative law. The study formulates a research question concerning the statutory definition of a museum and whether it allows accepting functional equivalence between public and non-public museums. It emphasizes the need to acknowledge non-public museums as administrative institutions that carry out identical public tasks in the fields of culture and protection of cultural heritage. The applied methods: dogmatic legal analysis of regulations concerning museums and administrative institutions, comparative examination of doctrinal positions (structural-organizational vs. material-functional approaches), and analysis of case law regarding private entities performing public tasks – enabled formulation of the final conclusions. The findings suggest that all museums, regardless of their founding entity, serve the same public functions related to preservation of cultural heritage. The increasingly prominent functional approach to defining an administrative institution in the legal doctrine allows museums to be treated as such, regardless of the entity that has established them. The article emphasizes that maintaining a formal distinction between public and non-public museums leads to inconsistencies in terms of regulations and funding. Current legal provisions and the structural-organizational approach to defining administrative institutions are not adequate for the evolving nature of entities performing public tasks today.

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