A few remarks on hybridity in Polish administrative law on the example of legal forms of action

A hybrid in the broader culture may be associated with something heterogeneous, de-viating from the usual standards, which may bring about anxiety and be an example of an anomaly. In ancient times, a hybrid was defined as a creature composed of at least two different elements, such as an ox with a human head. Despite all these years, hybridity has not changed. Of course, we refer to it in other aspects than just living beings, i.e. in arts, movies


Introduction
The starting point for this article will be quite unusual by the standards established in administrative law doctrine.And that's because I'm going to start with the perception of the hybrid in antiquity and modern culture in a broad sense.A hybrid is a creation that is heterogeneous and, precisely for that reason, disturbing.The term hybrid connotes variability, inconsistency, strangeness, heterogeneity, and even anomalies. 1In ancient times, hybridity did not mean monster, it meant heterogeneity.Hybrids were known in many ancient cultures: Sumerian, Egyptian, and Greek.Hybrids can be considered creatures of Chaos, of the Primordial Ocean, which was not fully formed before the final emergence of the world, and were able to express unity before the individualization of entities.Moreover, they are made of primordial matter and exist as potential entities.Hybrids can also be interpreted as a visual way of representing the union of all the spheres in the universe: the earthly, the subterranean, and the celestial.In this sense, hybridity expresses the connectivity of all the realms and the unity of the universe. 2ven in ancient times, hybrids caused anxiety and became a symbol of heterogeneity and lack of cohesion.They did not (nor do they) form a division into: classes or species that could be uniformly and indisputably classified and assigned to a particular division.After all, their unique status is determined by their individuality and uniqueness, which at the same time makes them considered strange and disturbing creatures.Thus, for example, Empedocles describes oxen with human heads in his work On Nature.Aristotle, on the other hand, believed that there was no concept of hybrid in nature, only a certain problem related to occurrence of anomalies and monsters. 3In his view, the creation of mixed beings does not actually occur, because it does not occur in an intentional manner.And this is because, given the purposiveness of nature, adequate and nature-compatible beings are created.
How, then, is hybridity perceived and the concept of hybridity defined in literature, art, or culture?They are rather descriptive and do not aim to sort out borderline works.Although a hybrid may come from different arts at the same time, it will consequently form a kind of organic whole.Thus, it becomes possible to indicate from which fields of art the individual elements of the hybrid originate, while at the same time looking for tools that would make it possible to describe the hybrid as a whole.This category is not a label (a set pattern) helping the viewer to know what to expect when encountering this type of art form.Hybrids are often unpredictable and offer the viewer completely unexpected experiences, not adhering to any set framework (guidelines of a given environment).It also happens, of course, that a solution becomes widespread and a form that was an absolute novelty suddenly starts to be duplicated, and its creative strategy ceases to be new and surprising.In ancient art thought, we are confronted with variously understood phenomena of hybridity.They focused mostly on the hybrid in the biological sense, but they were no strangers to thinking about the work of art as a hybrid, as visible in Aristotle's Poetics. 1 I. Chawrilska, Hybrydy i hybrydyczności z pogranicza literatury i sztuk wizualnych, Pelplin 2020, p. 18. 2 Ibid., pp.16-18.3 Arystoteles, Dzieła wszystkie, vol. 2. Fizyka, transl.K. Leśniak, Warszawa 2003, p. 60; Arystoteles,  O rodzeniu się zwierząt, transl.P. Siwek, Warszawa 1979, p. 181; Arystoteles, Zagadnienia przyrodnicze,  transl.L. Regner, Warszawa 1980, p. 62.
Paulina Bieś-Srokosz, Jacek Srokosz A few remarks on hybridity in Polish administrative law on the example of legal forms of action In a hybrid culture, in which various discourses intermingle and mix, hybrids exist at the junction, they are constantly on the borderline, cross subsequent discourses on the borderline of the Łotman's semiosphere.Sometimes they are spectacular, they become shows, which is the case with concrete poetry (the one originating from British concrete poetry), sometimes they play a game with the viewer with an extremely modest entity limited to one letter or one word placed on the page.Sometimes they are a book that the recipient may encounter in an unusual circumstances, a publication issued in many copies, or even a museum exhibit. 4 be a hybrid today is to constantly be in between, to point to one's substantiality.Moreover, the hybrid does not shed its hybrid identity even in the age of transmedia aesthetics.Certainly, hybridity has been transformed with the digital revolution, resulting in multi-media artistic creations in the arts.But hybrids continually remain in the realm of the "in-between" while emphasizing their ontological status. 5 The hybrid does not offer stability and immutability.On the contrary, it offers the certainty of change, which does not offer a sense of security. 6he very concept of hybrid in the colloquial sense connotes ontological inconsistency and instability.Similarly, in statements about them, hybrids do not guarantee constancy in the humanistic discourse; on the contrary, they are the cause of constant change and constant violation of the boundaries of that discourse.In attempting to determine whether a hybrid has an identity, the conclusion would probably first arise that it cannot have an identity since it is a hybrid -a heterogeneous entity of an unclear origin.Paradoxically, however, introduction of the category of hybridity guarantees the identity of borderline works, even though they escape the established patterns.7

Hybridity and hybrid legal forms of public administration
The hybridity understood in this way should be applied to the legal forms of action of public administration.Hybrid forms of action used by the public administration seemingly form a whole, but from a closer perspective, we can separate features belonging to private law and public law.
Paulina Bieś-Srokosz, Jacek Srokosz A few remarks on hybridity in Polish administrative law on the example of legal forms of action "The distinction between public and private law, and the attribution of a public value to all law, is not a matter of cognition, but a matter of approving the recognition of certain values, of a certain political or socio-political ideology."8This consequently contributes to the fact that the boundaries between public law and private law cannot be drawn with a clear line of demarcation.It is increasingly difficult to classify norms unequivocally as public law or private law because norms of public law as well as private law encroach on the space of public and private life. 9 fully agree with the position of P. Stec who in a very clear way not only notices, but also describes, the problem of penetration of private law into public law and vice versa. 10According to that Author, civil law studies are slowly losing significance.And this is because the intensification of methods of regulation of social relations of administrative-legal nature in civil law is very visible.Nowadays, the legislator more and more often regulates the issues that once used to belong to administrative economic law, together with the private law regulations, or directly includes them in the Civil Code.What I noticed already several years ago and described in our earlier publications devoted to the interaction of private law and public law, is confirmed in the latest publication by P. Stec.The Author, who is a civil law scholar, notices that the legislator, without insight and often on an ad hoc basis, creates regulations which, in a later analysis, demonstrate privatization of public tasks, or "distorted" civil law studies. 11This is often associated with the regulation of civil law contracts with overlays in public law, which consequently contributes to the limitation of the principle of freedom of contract, the autonomy of will or the systemic inequality of business partners. 12hus, the use of civil law institutions in the practice of public administration, especially in the performance of public tasks, has been evident for a long time, although the intensity of this phenomenon has been increasing over time.This is due to several reasons, including the legislature's own attitude toward regulating the forms of public administration.As he noted by J. Jeżewski as early as in the 1970s, one of these reasons should be seen in the very position and role of administration as "historically changeable, understood subjectively and objectively, entangled in numerous political and systemic, economic and social determinants, and also evaluated according to the systems of value that are varied, because they are historically, but also culturally, variable." 13According to Z. Duniewska, in this aspect we should also refer to the system of values which has recently been gaining exceptional significance and deservedly becoming the subject of many profound arguments and reflections. 14aulina Bieś-Srokosz, Jacek Srokosz A few remarks on hybridity in Polish administrative law on the example of legal forms of action In our opinion, which is worth emphasizing, administrative law, in the strict sense of the word, is a system of legal rules employing which the state creates the conditions for the comprehensive development of a society. 15"Every law, regardless of the field in which it is classified, is made in order to affect social and economic life, on its respective sections and combinations." 16Of course, one cannot speak of a change in the objectives of the public administration itself, which prioritizes the satisfaction of society's needs and takes care of citizens' safety by controlling social processes. 17ut, one can speak about changing the traditional sphere of public administration.Following the opinion of M. Krawczyk, it should be stated that the authoritative form of public administration activity is subject to constant transformations, where orders and prohibitions addressed to the entities administered through individual acts give way to other tools of activity.It is primarily about the increasing role and area of regulation of shaping and determining acts, as well as the acts that require the cooperation of the interested addressees. 18ontemporary legal forms of administrative action in Poland are subject to a process of constant evolution.There are also new legal instruments that do not fit into the conceptual grid formed in the science of administrative law. 19An example is hybrid legal forms of action 20 which should be defined as non-managerial forms with a complex legal character due to their public-law and private-law characteristics.Public administration undergoes continuous development processes, hence it needs new legal forms of activity 21 which correspond to its current needs.However, it should be emphasized that this is not about artificially creating new legal instruments, but about organizing the existing ones and adapting them to the changing public administration and its growing cooperation with non-public entities. 22n the doctrine of administrative law, it is emphasized that the phenomenon of spreading, in the regulations of functioning of public administration, of the instruments typical for private law, is connected with: progressing privatization of performance of public tasks, personality granted to public administration entities, change in the model of the administration towards where the public administration assumes a position based on partnership, as well as with commissioning private entities with the performance of public tasks (as they have the greater and more flexible capacity for it). 23aulina Bieś-Srokosz, Jacek Srokosz A few remarks on hybridity in Polish administrative law on the example of legal forms of action Referring to the actions of the administration in the current reality, however, I believe that currently, we should also talk about publicization of private law and expansion of public law in comparison with private law. 24Despite the fact that the administration acts in the sphere of the empire by using public authority, it also acts in the sphere of dominium.In this second sphere, public administration acts as an equal participant in civil law transactions.First, it means that some public administration entities, e.g.: local government, the State Treasury and state agencies, have been provided with legal personality.Second, it leads them to be granted certain assets, and legal capacity, and to acquire rights and incur liabilities through their actions.Consequently, we can state that the public administration in civil law transactions uses the same legal forms of action as other civil law entities.
Paulina Bieś-Srokosz, Jacek Srokosz A few remarks on hybridity in Polish administrative law on the example of legal forms of action hybridity and interplay of other branches with each other (where one of them is administrative law).While this concept is principal for this article, it is worth mentioning the very distinctive forms of administrative law that should be described as hybrid.These include administrative agreements, administrative settlements, and social contracts. 30These forms, as they are considered bilateral and non-authority, allow for a kind of flexibility and optimization of the actions taken by the public administration.This contractual approach fosters efficiencies across various government entities/bodies.On the assumption that the power of public administration is not a guarantee of effectiveness of public tasks implementation, nor an argument with which it may motivate citizens to specific behaviours, it should be acknowledged that the use of non-managerial forms does not lead, as a consequence, to loss of the authority competence by the administration. 31The administrative authority, which is a characteristic as well as an immanent feature of administrative law, does not disappear in the above-mentioned forms.It still occurs -in more or less visible ways.Sometimes, as is the case with the administrative settlement, the legislator camouflages administrative authority by creating the appearance of creating a form with characteristics very similar to those of a civil law contract.In these situations, the legislator very often justifies its lawmaking activity by the fact that it aims to make public administration less formal and to provide a faster and more flexible form of performing tasks or carrying out administrative procedures.But, it seems to me that this is unattainable -at least in the shape expressed by the legislator.The hybrid form that is regulated and functions in administrative law, although on the face being a bilateral, non-managerial form with private law characteristics, will incorporate administrative authority.In our opinion, administrative authority in these forms will always exist, and this is because power is the state, and the state is public administration that performs public tasks on behalf of the state.
Paulina Bieś-Srokosz, Jacek Srokosz A few remarks on hybridity in Polish administrative law on the example of legal forms of action contributes to the dispute in administrative law doctrine as to the proper classification of an already specific legal form.Although it is known that the action of public administration is based on the formation of relations (dependencies) based on legal acts, this law more and more often allows to supplement legal regulations using other legal forms. 32Their multiplicity and diversity in public administration contribute to the fact that we can never be sure "at a glance" what type of form we are dealing with.Therefore, it is important to analyse this form in terms of the classification of parties to the structures of public administration and the legal nature of the subject of the form.
Taking care of the benefits and acting so as to achieve and multiply them -this is the basic task of public administration. 33In order to perform its basic purpose, it has been normatively equipped with resources in the form of administrative measures which determine the content of administrative authority. 34Therefore, in its activities, it uses the available legal forms of action, nowadays especially those that are hybrid.