Nowelizacja postępowania odrębnego w sprawach z zakresu ubezpieczeń społecznych
Amendment to the regulations of separate proceedings in social insurance cases

Author(s): Michał Szulczewski
Contributor(s): Krzysztof Leitgeber (Translator)
Subject(s): Civil Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: civil procedure; social insurance law; amendment to the Code of Civil Procedure; simplified procedure
Summary/Abstract: This article’s subject matter is an analysis of the amendment to the regulations of the Code of Civil Procedure with effect from 7 November 2019, which regulates separate proceedings in social insurance cases, as well as a critical assessment of these regulations from the viewpoint of actual court practice, and an attempt to formulate de lege ferenda postulates. The implemented legislative changes have been divided into three separate categories, according to their character and importance to the course of procedure. First, the discussion addresses the changes with an ordering intent, connected with the modification of general provisions regulating the civil procedure, in particular those which introduce the right to issue rulings in chambers and the institution of preparatory meeting. The second group comprises the changes relating closely to the cases concerning social insurance and consisting in clarifying the institution of referring the case back to the social security organ from art. 467 § 4 CPC, amending the regulations concerning court’s jurisdiction, and introducing the possibility of revoking the decision of the social security organ in cases of reviewing decisions which impose a duty on the insured, determine its extent, or lower the benefits. Finally, the issue stirring most controversy has been raised, i.e. one concerning the modification of the catalogue of cases subject to resolution in the simplified procedure by expanding it to cover the cases listed in art. 4778§ 2 CPC and pension cases.

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