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Charakter prawny wniosku o świadczenie emerytalno-rentowe powszechnego systemu ubezpieczeń

100%
Szlachta-Kisiel K.
Studia z Zakresu Prawa Pracy i Polityki Społecznej
|
2024
|
vol. 31
|
issue 2
143-152
EN
The legislator assumed that an application should be submitted for retirement and disability benefits from the general insurance system. When determining the form and content of the application, the legislator did not directly specify its legal nature, which is important for both the applicant and the pension authority. The specific nature of the benefit application implies legal consequences in terms of legal, factual and technical actions undertaken by the pension authority after submitting the benefit application. By analyzing the existing legal norms of a procedural nature, it is possible to determine these effects and, through their prism, determine the nature of an application for a pension benefit as an important element of a legal transaction.
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Orzeczenie nieważności święceń w procesie administracyjnym

86%
Kiwior W.
Prawo Kanoniczne
|
2021
|
vol. 64
|
issue 1
27-64
EN
The administrative proceeding in the matter of the declaration of the nullity of sacred ordination is currently regulated by Regulae servandae instruction of 16 October 2001 issued by the Congregation for Divine Worship and the Discipline of the Sacraments, which since 1 October 2011 has been applied in accordance with the changes introduced by Pope Benedict XV in the motu proprio Querit semper of 30 August 2011. This instruction replaced the previous Regulae servandae issued on 9 June 1931 by the Congregation for the Discipline of the Sacraments. The whole procedure consists of two stages: the case instruction, conducted by an ordinary authorized by the head of the Administrative Office of the Roman Rota (here the dean of the Roman Rota) and the legal decision of the case (in the competences of the Office). The studied regulations, adjusted to the Canon Law Code of 1983, guarantee protection of the rights of the priest who lodged a claim concerning declaration the nullity of sacred ordination and lead to forming moral certainty by the commissioners and the dean of the Roman Rota while dealing with the case. Efficient case instruction is possible due to the ordinary and instructor eligibility regarding designation of clerks and assistants as well as dispensing with the procedure when it is demanded by a rightful cause. Another factor is the ordinary’s liability to watch over the observance of the law and application of the prescribed norms.
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