6533b870fe1ef96bd12d0875

RESEARCH PRODUCT

Kwalifikacja pisma procesowego jako apelacji lub wniosku o doręczenie wyroku z uzasadnieniem. Glosa do uchwały Sądu Najwyższego - Izba Pracy i Ubezpieczeń Społecznych z dnia 29 września 2020 r., III UZP 2/20

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The commented resolution of the Supreme Court concerns the classification of a pleading filed by an insured person, the content of which indicates that the person disagrees with a decision on the merits of the case, in the context of doubts as to whether the pleading constitutes an appeal or a request for the service of a judgment with a statement of reasons. The Supreme Court held that if this type of uncertainty arises, the court should take action to clarify the real intention of the party, i.e. summon the insured person, on pain of returning the pleading, to remedy the formal defect of failing to identify the type of pleading. This view has been justified with good arguments, in particular with regard to the reference to the constitutional guarantee of the challengeability of judgments issued by courts of first instance(Article 78 of the Constitution of the Republic of Poland). In this context, however, an additional remark is formulated, namely that support for the view about eliminating procedural formalism in social security cases may also be sought in the area of implementing the right to social security (Article 67(1) of the Constitution of the Republic of Poland). The thread of the justification of the resolution in point in which the Supreme Court refers to the principle of increased protection of the insured person in court proceedings is also strengthened, emphasis being placed on the social and economic signifi cance of such cases, which is manifested by applying for the acquisition of a special category of economic rights, i.e. cash benefits, often on a permanent basis, to replace income from employment.