ZDANIA ODRĘBNE W ORZECZNICTWIE SĄDÓW ADMINISTRACYJNYCH W SPRAWACH ZABEZPIECZENIA SPOŁECZNEGO W ŚWIETLE BADAŃ EMPIRYCZNYCH
DISSENTING OPINIONS IN THE JURISPRUDENCE OF ADMINISTRATIVE COURTS IN MATTERS OF SOCIAL SECURITY IN THE LIGHT OF EMPIRICAL LEGAL RESEARCH

Summary/Abstract: The purpose of this article was to analyze the separate opinions submitted to judgments of administrative courts in cases of social security benefits issued in the years 2004–2021. As a result ofresearch activities, material was collected in the form of 71 judgments of voivodeship administrative courts (hereinafter: the Voivodeship Administrative Court) and 34 judgments of the SupremeAdministrative Court of Poland (hereinafter: the Supreme Administrative Court). This led to thefollowing research results: the VAC judges very rarely submit dissenting opinions to judgmentsin social security cases (dissenting opinions were submitted to <1% of judgments in 2004–2021);frequency of dissenting opinion should be described as low (≈ 4 times per year); the greatest numberof dissenting opinions were submitted by the VAC judges in cases of social assistance (59% of theexamined judgments); the dispute among the judges of the VAC most often concerned the inter-pretation of the law (61% of the examined judgments); only 34 of the examined VAC judgmentswere subject to substantive review by the SAC, which issued a judgment consistent with the viewexpressed in a dissenting opinion in only 10 cases (29%).

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