Prawo do sądu w sprawach z zakresu ubezpieczeń społecznych
The right to trial in matters pertaining to socialinsurance

Summary/Abstract: 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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