Along with the development of civilization the way of human’s life and his attitude towards animals changes. Today we may talk about some kind of paradox, which reflects in hugely differing conditions of treating domestic animals, homeless animals, livestock, laboratory animals, animals used for specific purposes and, in the end, free-living animals. This is also reflected in a legal system, which on the one hand carries out dereification and abolishes the cruel treatment of animals, and on the other hand it allows to slaughter the animals with a use of a specific method, required by a religious rite. Described situation determines undertaking the research which main goal is to conduct an in-depth and multidimensional analysis of administrative law, which identifies the standards of humane protection of particular categories of animals in Poland. The assumption is that conducting the analysis will allow to establish whether it is possible in this case to talk about the systemic solutions; and if so- what are their grounds, as far as it is consistent and to what extent it has regard to the requirements of international law and EU law.
The main aim of the research is the analysis, description and evaluation of the administrative law model of humanitarian protection of animals (i.e. protection motivated by ethical considerations, other than economic ones). The obtained results will, thus, allow to formulate proposals for optimization in the field of administrative law protection of an animal perceived as a particular biological entity (living and being capable of suffering), an essential component of the natural heritage of humanity and an asset. This evaluation will be conducted primarily in terms of the compatibility of the regulations in question with the standards of higher order (including European Union law) and their validity and effectiveness. The determinations made in this regard will allow to verify the general hypothesis that the model of the administrative law protection of animals that is currently in force, which is both the consequence and the manifestation of the evolution of civilization, requires fundamental amendments in many areas to allow further progress of this development and, consequently, improvement of the animal welfare as well as the quality of human life. This will definitely require a check of many other specific scientific hypothesis related to all stages of legislation and application of this particular branch of law. Selected specific hypothesis: 1) A part of legal solutions introduced to a Polish legal system in relation to the need of EU law implementation, also those expecting the „upgraded” standards of animal protection, is conflict with constitutional norms, not in conformity to social conditions, and prevented from enforcing, so that it can only be veneered in nature. 2) The main reason for distinction in the level of legal protection the specific categories of animals is a political clientelism, which manifests itself i.a. in the protection of an economic interest of selected businesses and occupational groups, as well as in being prepared to recognize the religious minority right to a behavior which are in odds with the universal norms, which arose as the outcome of moral development of human beings. 3) The content of the law applying decision in the field of animal protection is determined by legal norms as well as by the non-legal issues (economical, political, social). The wider the scope of public administration organs’ discretional power is, the bigger influence on the whole process and the content of final decision of the non-legal issues.
