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The force of res iudicata in ajudicial proceeding in social insurance cases

social insurance appeal proceedings

In social insurance cases there is no force of res iudicata in the event of re-establishment of aright to abenefit if the person concerned refers to new evidence or disclose circumstances that had existed before the date of issuing the previous decision, should the aforementioned evidence or circumstances affect such entitlement or its amount. It is aresult of adifferent — as opposed to resumption of judicial proceedings — regulation of this institution in social insurance law, characterised by less rigorous as compared to Polish Code of Civil Procedure understanding of grounds for resumption of appeal proceedings. In particular, the “disclosed circumstances” not necessarily need to be new unknown facts and resumption of appeal proceedings is not restricted by the necessity of proving that the party could not have used them in previous proceedings. The force of res iudicata exists only when the court — hearing the appeal against the challenged decision — decides that the conditions for are-establishment of aright to abenefit have not been met, as the new decision denial of the pension authority regards the same factual and legal basis that were covered by the previous verdict.

Wydawnictwo Uniwersytetu Wrocławskiego

ISSN 0137-1134 ISSN 0239-6661

10.19195/0137-1134.109.1

PAd P 101660 II

Acta Universitatis Wratislaviensis, ISSN 0239-6661, No 3775. Przegląd Prawa i Administracji, ISSN 0137-1134, 2017, 109, s. 11-21

Czasopisma Naukowe w Sieci (CNS)

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