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    Published: 2025-12-31
    Vol. 23 No. 2 (2025)

    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

    Aleksandra Główczewska
    The Opole Studies in Administration and Law
    Section: Articles
    DOI https://doi.org/10.25167/osap.5911

    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

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    Główczewska, A. (2025). 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. The Opole Studies in Administration and Law, 23(2). https://doi.org/10.25167/osap.5911

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