The international-law standard of judicial review in matters regarding social security and the Polish regulations

Sebastian Gajewski

Europejska Wyższa Szkoła Prawa i Administracji w Warszawie . Katedra Prawa Administracyjnego
https://orcid.org/0000-0003-1572-0695

Abstract

The Convention of ILO № 102 is the basic source of international-law rules in the area of social security. This convention concerns the standards of judicial review in matters regarding social security. It declares that whenever a claim is settled by a special tribunal established to deal with social security questions and on which the protected persons are represented, no right of appeal should be required. It means that matters regarding social security should be settled by tribunals that are organizationally, personally and procedurally separated from those dealing with other cases. In Poland, most of the matters regarding social security are settled by common courts, by their special departments, in a special procedure. Nevertheless, relevant departments can also deal with cases concerning labor law and they do not consist of persons who are not judges and represent protected persons. It means that the Polish regulations concerning the judicial review in matters regarding social security do not fulfill the standard established by the Convention № 102.

Keywords:

judicial review, social security, convention № 102


Published
2019-11-15

Cited by

Gajewski, S. (2019). The international-law standard of judicial review in matters regarding social security and the Polish regulations. The Opole Studies in Administration and Law, 17(1), 67–75. https://doi.org/10.25167/osap.1493

Authors

Sebastian Gajewski 
https://orcid.org/0000-0003-1572-0695

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