Prawnomiędzynarodowy standard sądowej kontroli w sprawach związanych z zabezpieczeniem społecznym a regulacje polskie

• Main Author: Sebastian Gajewski
• Format: Article
• Language: English
• Published: Wydawnictwo Uniwersytetu Opolskiego 2019-11-01
• Series: Opolskie Studia Administracyjno-Prawne
• Subjects: judicial review; social security; convention № 102
• Online Access: https://czasopisma.uni.opole.pl/index.php/osap/article/view/1493

The Convention of ILO № 102 is the basic source of international-law rules in the area of social security. This convention concerns the standards of judicial review in matters regarding social security. It declares that whenever a claim is settled by a special tribunal established to deal with social security questions and on which the protected persons are represented, no right of appeal should be required. It means that matters regarding social security should be settled by tribunals that are organizationally, personally and procedurally separated from those dealing with other cases. In Poland, most of the matters regarding social security are settled by common courts, by their special departments, in a special procedure. Nevertheless, relevant departments can also deal with cases concerning labor law and they do not consist of persons who are not judges and represent protected persons. It means that the Polish regulations concerning the judicial review in matters regarding social security do not fulfill the standard established by the Convention № 102.