Evolution and Comparative Legal Analysis of Regulations Concerning Critical Infrastructure Protection in Poland and Lithuania

Abstract

The aim of the study is to analyse selected key legal norms regulating the protection of critical infrastructure (CI) in Poland and Lithuania, taking into account the historical background, the evolution of regulations and the ongoing process of harmonising the legislation of both countries with the regulations of the European Union and NATO. The considerations were placed in the context of contemporary threats, especially those of a hybrid nature, posed by Russia and Belarus. The starting point for the considerations were actual incidents of sabotage in Poland and Lithuania, which highlighted the need for an effective, transparent and uniform legal framework for CI protection.

The article presents the origins of the concept of critical infrastructure, dating back to the American experience of the 1990s, as well as the development of international standards for the protection of this infrastructure under the influence of NATO activities and EU regulations, such as the ECI Directive (2008) and the CER Directive (2023). It is pointed out that the process of harmonising regulations in Poland and Lithuania is still ongoing and focuses on the implementation of these acts.

The section on Poland discussed the existing legal framework, primarily the 2007 Crisis Management Act and the National Programme for the Protection of Critical Infrastructure (NPOIK). The high level of formalisation, transparency of responsibilities and involvement of both public and private authorities in CI protection were highlighted. In the case of Lithuania, the 2002 Act on the Protection of Objects of Importance to National Security and subsequent implementing acts are characterised, emphasising their fragmentation, lack of consistency and the dominance of ownership and cybersecurity aspects.

The study used the following methods: dogmatic‑ legal, historical legal, comparative law, and document and content analysis. The sources of the analysis were normative acts and strategic documents in force in Poland, Lithuania, the EU and NATO. The summary points to the need for further harmonisation and closer Polish‑ Lithuanian cooperation in the field of CI protection as a prerequisite for increasing the resilience of both countries to the threats of the modern world.