The Impact of Poland’s Democratic Transition on Mining Law: the Evolution of Mineral Resources Ownership and Extraction Rights

Abstract

This research paper delves into the evolution of mining legislation in Poland, with a particular focus on the ownership of mineral deposits and the rights associated with their extraction. The analysis centres upon two pivotal periods in the nation’s history: first, the era of the Polish People’s Republic (hereinafter PRL), during which the political and economic order was dictated by Soviet-style totalitarian regime; and, second, the subsequent transition to democracy, marked by the ascendancy of private ownership and the establishment of a free-market economy. The study commences by examining the nationalisation of the mining industry after the Second World War and the enactment of the 1953 Mining Act. This Act reinforced state dominion over mineral extraction, yet notably failed to address the issue of mineral ownership. The inquiry then proceeds to consider the transformative repercussions of the democratic transition upon these issues. Legislative reforms in this period provided clarity on mineral ownership and introduced a concession licensing system, thereby enabling private entities to engage in mining activities. This regulatory shift proved instrumental in facilitating the engagement of non-state actors in the extraction of minerals of critical importance to Poland’s economic growth and national strategic interests. By juxtaposing the legal frameworks of the PRL with those of the democratic transition, this paper underscores the enduring significance of mineral deposits in Poland’s development, while illuminating the nation’s progression towards economic liberalisation—albeit tempered by the continued supervisory role of the state over key resources.