Government Adopts Bill Expanding Court Powers Over Social Security Institution Decisions

The Polish government has adopted a bill amending the Code of Civil Procedure to expand court powers in social security cases, enabling courts to overturn flawed decisions and mandate re-examination.

Cabinet Adopts Civil Procedure Amendments

The Council of Ministers has adopted a draft amendment to the Code of Civil Procedure designed to broaden the powers of courts in social security matters. In a greater number of cases, courts will be able to overturn erroneous decisions issued by the Social Security Institution (ZUS) or another pension authority and refer the case back for reconsideration.

The draft bill was prepared by the Ministry of Family, Labour and Social Policy as part of the government’s deregulation efforts.

Courts Empowered to Overturn Flawed Decisions

The new regulations are intended to streamline the handling of social security cases. According to government communications, courts will be able to overturn incorrect decisions made by entities such as ZUS and remand the case for reassessment, which will be possible when the pension authority has committed serious procedural violations.

These expanded possibilities for overturning decisions will be available not only to insured individuals, but also to benefit recipients, contribution payers, and legal successors.

Scope of New Court Rulings and Guidelines

The changes will also apply to decisions that conclude a case without resolving its core substance, such as situations where the pension authority discontinued proceedings or refused to initiate them. Courts will possess the authority to overturn such rulings and direct the case for re-examination.

Pension authorities will receive clear instructions from courts regarding the continued conduct of proceedings. When a court remands a case, it must state why the decision was overturned and outline the necessary steps for reconsideration, thereby preventing future errors and accelerating final resolution.

Pension Rulings and Implementation Timeline

Courts will be equipped to resolve pension, annuity, and other benefit claims more rapidly. If a dispute involves the first ZUS decision concerning a specific benefit, the court handling the appeal will generally decide entitlement itself rather than returning the case to ZUS, allowing applicants to obtain final outcomes sooner.

The new regulations are scheduled to enter into force 14 days after their publication in the Journal of Laws.