Decyzja zamienna organu rentowego
Journal Title: Radca Prawny. Zeszyty naukowe - Year 2019, Vol 20, Issue 3
Abstract
In the proceedings within social insurance matters, the disability pension body, in particular The Social Insurance Institution (Polish: Zakład Ubezpieczeń Społecznych) and the President of the Agricultural Social Insurance Fund (KRUS), after issuing the unfavorable decision can recognize the whole or part of the party’s appeal by issuing a new decision (so-called replacement decision). When such a decision is issued at the stage of court proceedings, the pending proceedings in the court, in accordance with 477(13) § 1 of the Polish Code of Civil Procedure should be discontinued in whole or in part, in which the party’s request has been granted. In practice, however, it is not always clear whether the disability pension body has issued a replacement decision or even another type decision. The aforementioned authority often reverses the previous negative decision by issuing another negative decision, mistakenly treating it as a replacement decision In other cases, the disability pension body only accepts the appeal to a certain extent, or reverses or amends the contested decision, which is correct. In this article, the author tries to define the essence of the replacement decision, the admissibility of control of such decision by the court from the point of view of the insured person’s interest, its legality and the impact of such decisions for the ongoing court proceedings. The first conclusion of the analysis of the replacement decision is that only a correct decision (taking into account the lawful demand of the insured person in whole or in part) results in discontinuance of proceedings. Secondly, the purpose of the replacement decision is to protect the legitimate interest of the insured person, which, in the matter of pension cases, allows the disability pension body to replace a legally defective decision with a correct one and allows the insured person to obtain the pension quicker without having to wait for a court decision. In the case law of the ECtHR in Strasbourg, on the basis of Article 6 of the Convention, it is assumed that proceedings in cases concerning benefits, due to its importance for insured persons, should be conducted particularly quickly. Thirdly, with regard to the insured person’s interest, it must be assumed that the authority’s power to issue a replacement decision becomes its duty when, in the course of the proceedings, circumstances arise which justify the acceptance of the insured person’s legitimate demand.
Authors and Affiliations
Marek Szymanowski
Keywords
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- EP ID EP640386
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