Obligatoryjne postępowanie ugodowe w ustawie Prawo geologiczne i górnicze a prawo do sądu
Obligatory Arbitration Procedures in the Act on Geological and Mining Law Versus the Right to a Due Process

Author(s): Magdalena Wrońska
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Śląskiego
Summary/Abstract: The right to a due process remains one of the most fundamental human rights, regulated in legislature at both the international and domestic levels. In Polish legislature, the right to a due process is guaranteed at the constitutional level. Despite its importance, the right to a due process is not absolute and can be restricted. The aim of the following article is to discuss the issues of restrictions regarding the right to a due process resulting from the Act on Geological and Mining Law. This act introduces the necessity to utilize obligatory arbitration procedures. Only after the arbitration procedures have been exhausted can the plaintiff utilize court proceedings in cases regarding reparations resulting from injury stemming from mining operations. In the course of the discussion of the prevailing regulations concerning the modifications of the procedural aspect of seeking redress leads to the conclusion that the institution of obligatory arbitration procedures requires amendment. Moreover, the author presents several remarks de lege ferenda regarding the trajectory of the proposed changes in the regulations regarding obligatory prejudicial proceedings.

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