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Prof. dr hab. Andrzej Marian Świątkowski
ORCID: 0000-0003-1753-7819
Prof. dr hab. Andrzej Marian Świątkowski, lawyer, sociologist, LL.M of the University of Pennsylvania (Faculty of Law) in Philadelphia, retired full professor of the Jagiellonian University. Currently employed at the Institute of Political Sciences and Administration of the Ignatianum Academy in Krakow. Author of over 780 publications in the field of Polish, European and international labor law, social security law and social policy. Recently published books — Electronic technologies
DOI: 10.33226/0032-6186.2022.4.6
JEL: K31

The author presents the rules for summing up the periods of insurance, residence or employment, and for the proportional determination of completed insurance periods in the EU Member States. They are absolutely applicable in all situations related to the entitlement to social security benefits by persons moving within the European Union. The application of these principles is illustrated on the example of acquiring the right to an old-age pension. In the latest case C-866/19 SC v. ZUS I Branch in Warsaw, the CJEU ruled that the application of the above principle cannot be limited to the case analyzed in another "Polish" judgment in an earlier, similar case C-440/09. The potential conflict of interpretation applied by the social security courts in the Republic of Poland was resolved by the judgment of the CJEU of 21.10. 2021 in case C-866/19.

Keywords: : calculation of the amount of old-age pensions; reference for a preliminary ruling; right to a pension; insurance for migrant workers; taking into account contributory periods completed in another EU Member State
DOI: 10.33226/0032-6186.2021.3.3
JEL: K31

In case C-610/18, the CJEU formulated an autonomous definition of an employee in social security law. It ruled that the employer employing employees who are drivers of international transport, obliged to pay contributions for insurance benefits to the national social security institution, is, in the light of the provisions of Regulations 1408/2004 and 833/2004, an entity or natural person actually, and not fictitiously, employing employees actually remaining at its disposal for an indefinite period of time and its subordinates. Such an employer actually bears the relevant salary costs of the employees. He is fully entitled to control and make decisions on the termination of employment relationships with employees. On the other hand, the fact of concluding an employment contract by an entity or a person who does not meet the above criteria does not have legal consequences on the part of the employer, as it does not result in establishing an employment relationship.

Keywords: concept of 'employer'; long-distance lorry drivers; social security; European Union law
DOI: 10.33226/0032-6186.2020.6.2
JEL: H61, H62, H63

In accordance with equally settled case-law, Article  267 TFEU gives national courts the widest discretion in referring matters to the Court if they consider that a case pending before them raises questions involving the interpretation of provisions of EU law, or consideration of their validity, which are necessary for the resolution of the case before them. Provisions of national law which expose national judges to disciplinary proceedings as a result of the fact that they submitted a reference to the Court for a preliminary ruling cannot therefore be permitted. Therefore the requests for a preliminary ruling made by Regional Court, Łódź, Poland and by the Regional Court, Warsaw, Poland, by decisions of March 26th, 2020, were dismissed. The author explains the reasons why the EU Tribunal issued such a judgment.

Keywords: effective judicial protection; principle of judicial independence; disciplinary regime applicable to national judges

Prof. dr hab. Andrzej Marian Świątkowski, lawyer, sociologist, LL.M of the University of Pennsylvania (Faculty of Law) in Philadelphia, retired full professor of the Jagiellonian University. Currently employed at the Institute of Political Sciences and Administration of the Ignatianum Academy in Krakow. Author of over 780 publications in the field of Polish, European and international labor law, social security law and social policy. Recently published books — Electronic technologies of the postindustrial era, Scientific Publishing House of the Ignatianum Academy in Kraków, Kraków 2019; Labour Law and Industrial Relations Council of Europe Labour Human Rights and Social Policy Standards, Kluwer Law International, fourth edition, Alphen aan den Rijn 2021, Justice Reform, Scientific Publishing House of Ignatianum Academy, Kraków 2022. Jean Monnet Professor of European Labor Law of Social Security.