Wyznaczenie statutu zabezpieczenia społecznego a związanie sądu zaświadczeniem A1
The Law Applicable to Social Security and the Court’s Obligation to Accept the A1 Certificate

Summary/Abstract: The article engages in a critical discussion of views prevailing in legal scholarship and case law according to which courts are unconditionally bound by the A1 certificate as a document confirming social security legislation which applies to the worker. The author challenges this position, arguing that such binding effect should not apply where it is demonstrated that the A1 certificate was obtained by fraud. The argument is grounded in the principle of European Union law prohibiting the abuse of rights and the deriving of benefits from fraudulent acts, as well as in the court’s obligation to determine and apply the applicable law ex officio. The article employs the dogmatic legal method combined with a critical analysis of the existing legal framework and doctrinal positions.

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