The Use of Proven Technologies in Nuclear Facilities: An Analysis of Article 36b of the Atomic Law

This article analyses Article 36b of the Polish Atomic Law, which imposes an obligation to use of either practically proven solutions and technologies or those confirmed safe through tests, research, and analyses in nuclear facility design and construction. The scientific problem addressed is the lack of precise guidelines for verifying proven technologies and the dilemma of balancing nuclear safety with technological progress, a critical issue for Poland’s burgeoning nuclear energy sector. The aim of the research is twofold: to reconstruct the legal norm within this provision, clarifying the concepts of “proven in practice” and “through tests, research, and analyses”, and to formulate de lege ferenda postulates for amendments. The main theses highlight the crucial role of the President of the Polish National Atomic Energy Agency, potential interpretative problems from the current wording, and the need for clearer verification methods for novel technologies, drawing comparisons with international frameworks. The originality of the research lies in providing the first comprehensive analysis of this specific Polish requirement, uniquely contrasted with the Convention on Nuclear Safety and International Atomic Energy Agency standards. The scope of research is national, EU-wide, and international, focusing on Polish law while gaining insights from broader nuclear safety frameworks. This article offers significant cognitive value for both legal science and practice, illuminating regulatory gaps and proposing solutions to enhance nuclear safety and technological advancement in Poland and internationally.