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(Public-law) chambers of commerce – Polish theory of law

In the science of law, (public-law) chamber of commerce is a separate, self-governing, public–law entity that independently performs the tasks entrusted to it in the field of public administration in the sphere of economy (within the scope of commission or entrustment, but only in this respect, subject to government supervision), associating under the law all entrepreneurs (common in this group), who appoint its organs in democratic procedures (they have autonomy).

Polish doctrine of administrative law classifies such chambers as a special “self-government”, which includes a group of self-governments based on a bond other than territorial. In the case of economic self-government, the key distinguishing element is the economic bond.

Classic taxonomy of chambers of commerce in the World

The most common systematics lists 4 models of „chambers of commerce”:

  • continental,
  • Anglo-saxon,
  • mixed,
  • administrative (or public).

At the most fundamental level, the classification of chambers of commerce into models
can also be determined by analyzing the concepts of autonomy and self-government.

Note1! The affiliation to models looks arbitrary due to significant differences between countries.
Note2! Above taxonomy reserves no space for public-law sectoral or industry chambers like Polish Chamber of Insurance or agricultural chambers (which are mandatory chambers for all farmers in countries like Poland).

Sectoral Model – draft introduction

Sectoral model requires a detailed taxonomy to be effective. We cannot refer just to the classic three-sector structure (raw materials, manufacturing, services).

In Poland, the Polish Classification of Activities (PKD) can be used. It divides the economy into 21 sections. This division is initially an effective basis for building relatively large and effective, but still specialized chambers of commerce associated in an umbrella organization. (Note! Some smaller and interrelated sections can be connected to slightly reduce number of chambers.) This concept of general (common) sectoral chambers of commerce, established for every sector of the economy, shares the theoretical criteria set for the continental model, but raises the substantive level of discussion on economic issues. Its expert focused character will make such chambers much more competent partner for discussions with the government (the actual creator of policy and law), the legislative authority, other stakeholders, media and of course entrepreneurs. In this model, the main task of the umbrella organization is to coordinate horizontal issues

At the initial organizational stage, an interesting aspect of the sectoral model is the possibility of establishing only some of the chambers. First, for those industries where the level of readiness for this process is the highest. Experiences from these “startup” implementations should facilitate the establishment of subsequent chambers. Another argument for the gradual implementation of the model is the complexity of the decentralization processes, which includes the reconstruction of some administrative procedures – different for each sector.

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