Rules for determining the amount of maternity allowance in the Benefit Act and European Union law
The article – based on the provisions of the Benefit Act– decodes the detailed rules according to which the amount of maternity allowance provided for under the (universal) social insurance system in Poland is determined. Next, an attempt was made to indicate the legal conditions and grounds for the Europeanization of social insurance law in the scope regulating the amount of maternity allowance and to determine its essence. The areas of EU regulation in the case of which the impact of EU law on the amount of maternity allowance can be determined have also been specified. The study concludes with an analysis and critical assessment of the rules for determining the amount of maternity allowance from the point of view of the purpose and provisions of EU directives and Article 45 of the Treaty on the Functioning of the European Union.
References
Bibliografia/References
Domańska, M. (2020). The European Union legal system. Anti-discrimination law, J. Maliszewska-Nienartowicz (Ed.). Warsaw.
Gutowski, M., Kardas, S. (2017). Interpretation and application of law in a process based on the Constitution, Warsaw.
Jończyk J. (2001). Social security law. Cracow.
Lach, D.E. (2020). The Concept and Systematics of Social Insurance Law. In: A. Wypych-Żywicka (Ed.), Social Insurance Law System. General part. Warsaw.
Safjan, M. (2022). On the charms of methodological eclecticism. From the Community of Principles and Axiology to the Community of Construction and Interpretation of Law. In: P. Szczepaniak (Ed.), Problems of the Borderland of Civil Law, Warsaw.
Siegel, T. (2012). Europeanization of Public Law, Tübingen.
Wagner, B. (2010). The Principle of Equal Treatment in Sickness. In: Insurance of Sickness, Iwonicz-Zdrój.
Wróbel, A. (2014). The system of administrative law. Europeanization of Administrative Law, Volume III, ed. R. Hauser, A. Wróbel, Z. Niewiadomski, Warsaw.
Wypych-Żywicka A. (2010). Sickness insurance benefits – selected issues. In: Sickness insurance, Iwonicz-Zdój
Zieliński, M. J. (2020). Sources of Social Insurance Law. In: Social Insurance Law System, ed. A. Wypych-Żywicka, Warsaw.
