Kilka uwag na temat interpretacji przepisów dotyczących koordynacji systemów zabezpieczenia społecznego oraz stosowania wyroków TSUE w zakresie delegowania pracowników

Abstract

The chapter deals with selected issues related to determination of the legislation applicable in the case of posted workers in the light of the coordination of social security systems provisions in the Supreme Court’s case law. This is because analysis of cases concerning the aforesaid coordination, which have been recognized by the Supreme Court and courts of law since Polish accession to the EU demonstrates that most attention was paid to the issue of determining the applicable legislation. Among the specific problem associated with such determination one can notice in particular issues of admissibility of posting civil-law-contractors and establishing the normative content of one of the key posting conditions, which is the requirement of “normally carrying out activities” within the meaning of Article 12 paragraph 1 of Regulation No 883/2004. The considerations undertaken herein show that the issue in question still causes much controversy. Some of them, however, can be removed neither by way of interpretation of EU regulations on coordination of social security systems, or as a result of the CJEU case law analysis. This allows Polish courts to consider referring questions concerning aforesaid issues for preliminary rulings pursuant to Article 267 of the Treaty on Functioning of the European Union.