Sprawy z zakresu ubezpieczeń społecznych w orzecznictwie Sądu Najwyższego w świetle przepisów dotyczących koordynacji systemów zabezpieczenia społecznego w Unii Europejskiej
Social-security-related cases in the Supreme Court’s case law in the light of the provisions on coordination of social security systems in the European Union

Summary/Abstract: The article overviews the most important judicial decisions of the Supreme Court concerning application of the provisions on the EU social security systems coordination, which have been issued since Regulations No 883/2004 and 987/2009 came into force. The analysis allows identifying two major categories of cases. The first relates to disputes concerning determination of the applicable legislation, including delegation of employees to work on the territory of another member state and simultaneous pursuit of activities in two or more member states. The other category concerns awarding of benefits, in particular old age pensions. In this category one can distinguish such issues as application of the principle of equal treatment of benefits, income, facts or events, and relation between coordination regulations, both currently and previously biding ones, as well as bilateral agreements. The issues in questions seem to be dynamic. To a large extent this is due to the changing socio-economic conditions, which labour-related migration is subject to. Moreover, as regards the sphere of social security it may take several decades from the time one becomes subject to social security until they acquire rights to benefits under the laws of various EU member states. All this makes the ability to apply intertemporal rules, as well as the general principles of social coordination, which allow courts to arrive at fair and lawful decisions on matters concerning the specific individual questions, very important.

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