Prawo ubezpieczeń społecznych II Rzeczypospolitej : (szkic dla celów dydaktycznych)

Abstract

The field of the law of social insurance started to develop in the second half of the 19th century, trying to keep up with the work legislation, and, with time, it was already shaped as an almost independent set of norms providing the workers with life means in case of a temporary or permanent loss of the ability to work as a result of illness, disablement, old age or unemployment. After regaining independence in 1918, Poland accepted the sources of the law of social insurance of partitioners. The most developed was post German and Post Austrian legislation. The task of unification and codification of the law of social insurance belonged mainly to the Ministry of Labour and Social Policy of the Second Republic of Poland. Mainly thanks to the actions taken in the ministry, it was possible to a large extent to unify the system of insurances for particular categories of workers, including sickness benefits in case of disablement, old age or work loss. The unification of the system of adjudicating disputes in the Second Republic of Poland out of all insurances was to take place on the basis of the legislation act from July 28 1939 (and was to be brought into life on 1 April 1940). The conception of special courts able to deal with social insurance case in a factual way prevailed. The proceedings before courts of social insurance were two bodied. In the first instance, district courts of social insurance adjudicated, in the second it was the Tribunal of Social Insurances. The courts of social insurances had all constitutional rights given to the organs of the jurisdiction system. The judges were appointed by the president. They were independent and irreplaceable. The administrative supervision of the courts of social insurance, their judges and jurors was to be conducted by the Minister of Justice. The majority of accepted and planned solutions found its usage in Poland after the World War II and, which is worth emphasizing, irrespective of the system change that happened then.