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Dr Edyta Jóźwiak
ORCID: 0000-0002-4596-7990

PhD, she is a faculty member at the De­partment of Financial Law and Tax Law at the University of Warmia and Mazury in Olsztyn. She also practices as an attorney, representing clients before common courts and administrative authorities, including in matters related to labor law and social security.

 
DOI: 10.33226/0032-6186.2026.1.6
JEL: H55

The aim of this article is to provide a legal and constitu­tional analysis of Articles 7 and 7a of the Act of 25 June 1999 on Cash Benefits from Social Insurance in Case of Sickness and Maternity, in the context of former soldiers’ entitlement to sickness benefits after the end of active mil­itary service. Special attention is given to situations where incapacity for work arose during military service and con­tinues uninterrupted after its termination. The article ex­amines whether the current wording of these provisions complies with the constitutional principles of equality be­fore the law (Article 32 of the Polish Constitution), the right to social security (Article 67(1)), and the principle of citizens’ trust in the rule of law (Article 2). The analysis demonstrates that the applicable regulations, particular­ly Article 7a, are imprecise and result in inconsistent in­terpretation and application by pension authorities and courts. The article concludes with de lege ferenda propos­als, including the need to clarify the wording of Article 7a by explicitly referring to Article 6(1) of the same Act.

Keywords: social security law; sickness benefit; incapacity for work; professional soldier; social insurance system