INTERNATIONAL PRACTICES IN THE FIELD OF SUBSOIL USE
DOI:
https://doi.org/10.32782/klj/2026.1.22Keywords:
subsoil use; administrative and legal status; central executive authorities; rights and obligations of public administration entities; powers; control; supervision; oversight activities; subsoil; public administration; authoritative powers; administrative procedureAbstract
This article analyzes international practices in the field of subsoil use, focusing on approaches adopted by European Union Member States, where raw-material security policies are combined with high standards of environmental protection and procedural fairness. The aim of the study is to synthesize the legal and institutional mechanisms governing access to subsoil resources and to identify tools that minimize the environmental and social risks associated with extraction. The research is based on a comparative legal analysis of EU law and national models (licenses/concessions) in a number of EU countries, as well as on a systematization of oversight and reporting practices. It is established that the “European model” is comprehensive in nature: a mining permit is not self-sufficient and is implemented in conjunction with environmental impact assessment procedures, water-protection requirements, biodiversity conservation regimes, rules on the management of waste from extractive industries, and mechanisms of environmental liability for damage. The study highlights the significance of financial guarantees for reclamation and mine-closure plans, which transform restoration costs into a predictable element of the project model. It is substantiated that transparency of payments and disclosure of information on subsoil use strengthen the accountability of both the state and companies and reduce corruption risks. Particular attention is paid to the EU trend concerning critical raw materials, which encourages faster permitting through coordination (“single points of contact”), digitalization, and parallelization of stages without lowering environmental standards. The article concludes that effective subsoil use in the EU is ensured by a combination of stable rules, scientifically grounded criteria for the acceptability of impacts, effective supervision, and early public participation in decision-making. The practical value of the article lies in developing recommendations for improving national regulation: transparent tenders for subsoil plots, integrated monitoring, open registers of permits and payments, and mandatory financial guarantees for environmental restoration. Typical institutional solutions for improving the quality of oversight are also outlined.
References
Directive 2011/92/eu of the European parliament and of the council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (codification) (Text with EEA relevance). URL: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ%3AL%3A2012%3A026%3A0001%3A0021%3AEn%3APDF&utm_source=chatgpt.com
Сonsolidated legislation. Law 22/1973 of 21 July 1973 on Mining. URL: https://rmis.jrc.ec.europa.eu/uploads/legislation/SpainMiningAct1973.pdf?utm_source=chatgpt.com
Mining activity. URL: https://tukes.fi/en/mining?utm_source=chatgpt.com
Minlex – Sweden Country Report. URL: https://rmis.jrc.ec.europa.eu/uploads/legislation/MINLEX_CountryReport_SE_2019UPDATE.pdf?utm_source=chatgpt.com
Minlex – Germany Country Report. URL: https://rmis.jrc.ec.europa.eu/uploads/legislation/MINLEX_CountryReport_DE.pdf?utm_source=chatgpt.com
Geological and Mining Law. Journal of Laws. Act of 9 June 2011 № 163. URL: https://rmis.jrc.ec.europa.eu/uploads/legislation/POLAND_Geological%26MiningAct.pdf?utm_source=chatgpt.com
Minlex – Portugal Country Report. URL: https://rmis.jrc.ec.europa.eu/uploads/legislation/MINLEX_CountryReport_PT_2019update.pdf?tm_source=chatgpt.com
Сonsolidated legislation Law 22/1973 of 21 July 1973 on Mining. URL: https://rmis.jrc.ec.europa.eu/uploads/legislation/SpainMiningAct1973.pdf?utm_source=chatgpt.com
Directive 2011/92/eu of the European parliament and of the council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (codification). URL: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ%3AL%3A2012%3A026%3A0001%3A0021%3AEn%3APDF&utm_source=chatgpt.com
Directive 2000/60/eu of the European parliament and of the council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1). URL: https://eur-lex. europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX%3A02000L0060-20140101&utm_source=chatgpt.com
Council directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7). URL: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG%3A1992L0043%3A20070101%3Aen%3APDF&utm_source=chatgpt.com
Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC – Statement by the European Parliament, the Council and the Commission. URL: https://eur-lex.europa.eu/eli/dir/2006/21/oj/eng?utm_source=chatgpt.com
Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage. URL: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02004L0035-20190626
Directive 2013/34/eu of the European parliament and of the council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 3/349/EEC. URL: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ%3AL%3A2013%3A182%3A0019%3A0076%3AEN%3APDF&utm_source=chatgpt.com
Critical Raw Materials Act. URL: https://single-market-economy.ec.europa.eu/sectors/raw-materials/areas-specific-interest/critical-raw-materials/critical-raw-materials-act_en?utm_source=chatgpt.com





