The article explores difficulties in acquiring the legal status of a regional language in the light of the principles of the European Charter for Regional or Minority Languages and the Act of 6 January 2005 on National and Ethnic Minorities and Regional Language. Regional language is a new element in the European language policy. The term “regional language”, however, has proved useful, albeit controversial and also conflictive. To date, only Kashubian has been granted the status of a regional language in Poland, despite numerous initiatives and efforts by the Silesian and Wilamowice communities. The reasons for the denial of legal status lie in the long-lasting dispute over the concept of language and dialect. The debate over traditional and new paradigms in linguistics, including ethnolinguistics and sociolinguistics, has proved to be important in resolving this issue.