Concept of research

The concept of the project arose because of the need of redefinition of classical – police administrative function. The new approach to administrative police and police goods is related to the economic analysis of law, which derives from the welfare economics theory. This theory distinguishes public goods, treating them as services provided by administration.

The leitmotiv of thought will be the difficulties regarding identification and effective provision of public goods or rather “population common care”, as this term is better suited in this case. These issues are the subject of a widespread debate, taking place in USA and countries of West Europe. It is mainly about making public goods governance better suited to common interest, more responsible and more sensitive towards common values, which in domestic solutions are the responsibility of public administrative authorities.

The key position in this debate is taken by the theory of global administrative law. There will also be a proper spot dedicated to this issue in the scope of the proposed problem research, which is enforced by at least two arguments. Firstly, the advancing globalization of solutions related to the protection of police goods. Secondly, in a globalizing world there are many public, private and public-private entities, which have all the characteristics of administrative entities, and because of that they take part in decision-making processes. These entities are insufficiently responsible because domestic law requirements imposed on public entities usually do not apply to them. This is because global entities are either entities of international law or in fact are entities of domestic law, however they belong to an international network, where law functioning cannot be subjected to domestic law. The primary research program will be preceded by studies of the origin concept of the term police and the evolution of police function in a country, which happened in the XVIII and XIX century, as a consequence of system transformations forcing wide and comprehensive changes of the analyzed law institution. In the context of evolution, views of luminaries such as CH. Wolff, J. H. von Justi and J. von Sonnenfels, N. Delamerea will be analyzed. The thread of studies from history of legal thought and its accomplishments will constitute as a so-called erudition element, which can be easily manipulated within the planned monograph construction.

Proper research will be lead off by an analysis of public goods. Shown in this manner, will be the differences between goods, such as: pure goods, impure goods, club goods, weakest-link public goods (in which the smallest input determines the amount of public good for whole groups, as it takes place in anti-epidemic activities) and highest fineness public goods. A complex combination of public goods creates two problems: nationalization of public goods and a defense theory of their provision. These problems exemplify in questions appearing in the decision process. For this reason, the analysis includes, amongst others, public-economic theories, which premises of public good provision are essentially concentrated on the state (on a national level) and do not take into account wider multilateral politics and transitive public good provision.

An integral part of the project will be the analysis of the organizational structure and activity of the State Sanitary Inspection in the domain of: sanitary supervision in the scope of health conditions of food and nutrition safety, promotion of health, anti-epidemic activity with a special focus on types and attributes of epidemiological supervision. The subject of analysis will also be transnational network defined as a plane of enforcing contacts in order to collect and update data which is essential to conduct supervision.

Research areas indicated above are trailblazing in the Polish doctrine of administrative law and their analysis will answer key questions, such as:

  • how, in the light of scientific research and studies, one can evaluate the dangers for police goods
  • what are the law and institutional determinants of public goods protection
  • what are the global and regional guarantees of police goods

The above questions reveal yet another important issue, namely that the police function is not something that is precisely defined, which is why it remains in statu nascendi. That is why the answers for the questions above contribute to the creation of a holistic vision of the administrative police function.

If any Guest is acquainted with the above issue, I am happy to take part in a discussion.