Legal opinion on the bill amending certain acts connected with functioning of the system of social insurances. Cover Image

Opinia prawna na temat projektu ustawy o zmianie niektórych ustaw związanych z funkcjonowaniem systemu ubezpieczeń społecznych.
Legal opinion on the bill amending certain acts connected with functioning of the system of social insurances.

Author(s): Marek Szydło
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: Poland; social insurances; compliance with the Constitution; principle of protect of the acquired rights;

Summary/Abstract: The opinion concerns the bill amending the system of social insurances in Poland and its compliance with the Constitution. The bill provides most of all diminish the insurance premium transferred by the Social Insurance Institution (ZUS) to the pension companies, new principles of accumulating the pension premium by ZUS and new regulations concerning the management of the collected funds by the pension companies. According to the author, the proposals contained in the bill do not offend the art. 67 para. 1 of Constitution concerning the right to social security. They are also consistent with constitutional principle of protect of the acquired rights because they do not affect the current pensioners. The author considers that the bill needs additional legislative works in order to precise and clarify it, e.g. in scope of the obligations of pension companies.

  • Issue Year: 2011
  • Issue No: 2
  • Page Range: 77-104
  • Page Count: 28
  • Language: Polish