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Dr Maciej Jakub Zieliński
ORCID: 0000-0003-2250-6582
Dr Maciej Jakub Zieliński, doctor of law, assistant professor at the Department of Labour Law and Social Law at the Faculty of Law and Administration of Adam Mickiewicz University, Poznan, member of Office for Studies and Analyses of the Supreme Court, lecturer at the National School of Judiciary and Public Prosecution. Author of publications on labour, social security law and civil law.
DOI: 10.33226/0032-6186.2021.5.7
JEL: H55

The author analyses case law of the Court of Justice of the European Union on the binding effect of a certificate on legislation applicable (E101 and A1) for courts of a Member States in the event of fraud. Both in Polish literature and in case law, judgments in this area are assigned with different effects. What seems to prevail is a believe that the binding force of the abovementioned certificates has been weakened. This study aims at critical analysis of such a view, as well as at establishing conclusions resulting from the emerging jurisprudence. The first part of the study was published in the previous issue of the Labour and Social Security Journal

Keywords: certificate E101; certificate A1; binding effect of certificates on legislation applicable
DOI: 10.33226/0032-6186.2021.4.8
JEL: H55

The author analyses case law of the Court of Justice of the European Union on the binding effect of a certificate on legislation applicable (E101 and A1) for courts of a Member State in the event of fraud. Both in Polish literature and in case law, judgments in this area are assigned with different effects. What seems to prevail is a believe that the binding force of the abovementioned certificates has been weakened. This study aims at critical analysis of such a view, as well as at establishing conclusions resulting from the emerging jurisprudence.

Keywords: : certificate E101; certificate A1; binding effect of certificates on legislation applicable
DOI: 10.33226/0032-6186.2020.11.5
JEL: H55

This paper concerns the issue of putting business activity under scrutiny by the Social Insurance Institution in terms of verifying assessment basis for calculating sickness insurance contributions and the amount of benefits therefrom. One could have get impression that the issue in question had been settled in the resolution of seven judges of the Supreme Court of 21 April 2010, II UZP 1/10. The recent case law of that Court, in particular judgments of 5 September 2018, I UK 208/17 and of 17 October 2018, II UK 301/17 and II UK 302/17, seems however to indicate that the problem has not lost its relevance. The purpose of this study is to critically analyze the latest case-law in the aforesaid area, especially in the context of normative changes that followed the resolution II UZP 1/10.

Keywords: verification of contribution assessment basis; business activity; entitlement to social insurance coverage
DOI: 10.33226/0032-6186.2020.5.2
JEL: K31

The outbreak of COVID-19 disease, in a way that has no precedent in recent times, forced adoption of a number of legal regulations to prevent further spread of the disease factor, i.e. SARS-CoV-2 virus. Such regulations did not bypass the Polish labor and social security law. Some of them aim — understandably — at providing financial assistance and relief in contributory obligations to employers and other contribution payers who, in connection with the COVID-19 epidemic, have suffered a significant threat to their operations. Others are aimed at reducing the scope of employee's protection, which is particularly evident in the case of employees of offices providing service to central government administration bodies. This article discusses these regulations and indicate basic problems associated with their application.

Keywords: COVID-19; working conditions; social security; changes in labour law; changes in social security law

Dr Maciej Jakub Zieliński, doctor of law, assistant professor at the Department of Labour Law and Social Law at the Faculty of Law and Administration of Adam Mickiewicz University, Poznan, member of Office for Studies and Analyses of the Supreme Court, lecturer at the National School of Judiciary and Public Prosecution. Author of publications on labour, social security law and civil law.