Administrative legal remedies against decisions in social insurance cases

Abstract

In proceedings in social insurance cases, the system of appealing of decisions is based on a noncompetitive system of verification of decisions with the use of ordinary legal remedies. Due to the model of of appealing of decisions in the proceedings before the common court adopted in Article 83 act 2 of the SysUbSpołU, the possibility of the right to an administrative appeal was excluded, as well as the right to a complaint to an administrative court. However, this is not an absolute exclusion. Article 83 act 4 of the SysUbSpołU repealed the formula of a judicial appeal in favour of the construction of an application for reconsideration of the case and, as a further consequence, a complaint to an administrative court in particular categories of cases. The methodology and systemic coherence of such a procedure, the legal nature of the application for reconsideration of the case, as well as the legitimacy of excluding the option of legal protection in the proceedings before the common court in favour of the administrative court review remain to be considered.