Legislator Case Law & Legislation
II UK 68/02 AI generated

Polish Supreme Court allows Czech farmer's wife to continue social insurance despite non-Polish citizenship.

Case Number II UK 68/02
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland dismissed the cassation appeal against a decision allowing a Czech national to continue agricultural social insurance coverage. The lower court ruled that the applicant, a farm worker, voluntarily continued paying premiums after the new law came into effect, despite the statute initially limiting coverage to Polish citizens. The court held that the voluntary continuation and long-standing payment history created a legal solution under domestic law, rendering the citizenship exclusion inapplicable.

Legislator headnote

AI generated

Art. 1 ust. 1 ustawy z dnia 20 grudnia 1990 r. o ubezpieczeniu społecznym rolników; Art. 100 tej ustawy: A farmer or farm worker voluntarily continuing social insurance after the new law's entry into force is not excluded from coverage solely due to lack of Polish citizenship.

Keywords

AI generated
agricultural social insurance voluntary continuation non-Polish citizenship farm worker status cassation appeal dismissal international treaty application constitutional supremacy

Cited Legislation

AI generated
Art. 1 ust. 1 of the Act of 20 December 1990 on social insurance of farmers
Art. 100 of the Act of 20 December 1990 on social insurance of farmers
Art. 1 of the International Agreement of 5 April 1948 between the Republic of Poland and the Czechoslovak Republic
Art. 9 of the Constitution of the Republic of Poland
Art. 61 ust. 2 of the Constitution of the Republic of Poland
Art. 87 ust. 1 of the Constitution of the Republic of Poland
Art. 91 of the Constitution of the Republic of Poland
Art. 8 ust. 2 of the Constitution of the Republic of Poland
Art. 393 § 12 of the Code of Civil Procedure
art. 87 Konstytucji RP

Cited Case Law

AI generated
II UKN 374/99, OSNAPiUS 2001 nr 13, poz. 452

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