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Prawo do sądu w sprawach z zakresu ubezpieczeń społecznych

100%
Santera W.
Opolskie Studia Administracyjno-Prawne
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2015
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vol. XIII
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issue 2
9-34
EN
The right to trial is above all provided for in the Constitution of the Republic of Poland. This is also relevant to matters pertaining to social insurance. The enforcement of this right is specific in its nature. Because of this right such matters should not be referred to dministrative courts while separate social insurance courts should be maintained as part of common courts. Consequently, the expression “social insurance matters” needs to be more precisely defined while the meaning of the principle of adversarial proceeding needs to be limited in order to ensure a fuller enforcement of the right to a fair trial of cases in both procedural and substantive aspects (the right to a fair judgment).
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Social insurance courts in the Polish People’s Republic

72%
Nowakowski M.
Ubezpieczenia Społeczne. Teoria i praktyka
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2020
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issue 2/2020
85-114
PL
The article introduces basic issues relating to the genesis, circumstances surrounding the creation, activity and finally the liquidation of the social insurance judiciary as it existed in Poland in the years 1945–1975. This institution was comprised of regional social insurance courts operating in selected voivodeship cities – as the court of first instance with the Social Insurance Tribunal in Warsaw [Trybunał Ubezpieczeń Społecznych w Warszawie] – as the court of second instance. The text discusses key issues related to the system, organization, and scope of material property as well as the judicial competence of the social security judiciary determining its character. Author also demonstrates that social insurance courts were the only administrative courts in existence in the Polish People's Republic before the creation of the Supreme Administrative Court [Naczelny Sąd Administracyjny].
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