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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 University of Pennsylvania (Faculty of Law) in Philadelphia. Professor ordinary dr hab. Retired professor of the Jagiellonian University. Currently employed at the Institute of Political Sciences and Administration of the Jesuit University Ignatianum in Krakow. Author of publications — including Komentarza do Kodeksu pracy, C.H. Beck, 2019, 6th edition; Labour Law: Council of Europe, Wolters Kluwer, 2019, third
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 University of Pennsylvania (Faculty of Law) in Philadelphia. Professor ordinary dr hab. Retired professor of the Jagiellonian University. Currently employed at the Institute of Political Sciences and Administration of the Jesuit University Ignatianum in Krakow. Author of publications — including Komentarza do Kodeksu pracy, C.H. Beck, 2019, 6th edition; Labour Law: Council of Europe, Wolters Kluwer, 2019, third edition — in the fields of Polish, European and international labour law, social security law and social policy. Professor Jean Monnet European labour and social security law.