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Saatja: Marek Domagala <[email protected]> Saaja: Info, Marta Solarska Teema: Query from the Polish Constitutional Tribunal ​Dear Sir/Madam, The Constitutional Tribunal of the Republic of Poland is considering a question of law – submitted by a Polish court – as to the constitutionality of a provision that rules out a limitation period for recovering ‘overdue social-insurance-premiums receivables’ secured by mortgage (case ref. no. P 2/18). The judges of the Constitutional Tribunal wish to obtain information whether your Country’s legal system provides for similar solutions. Hence, I kindly request your assistance and information on the following specific matters: 1. In your Country’s legal system, is the social insurance system based on citizens’ mandatory payment of social insurance premiums to a specialised state-owned insurance agency or a different entity? If so, what measures are in place to secure the fulfilment of the obligation to pay the insurance premiums in the situation where there is a risk of default on the payment of overdue social insurance premiums? For instance, is there a possibility of securing such a liability by mortgaging an immovable property and/or by pledging movables (movable properties) as well as transferable property rights? 2. Are ‘overdue social-insurance-premiums receivables’ subject to any limitation periods? If so, does the lapse of a limitation period for ‘overdue social-insurance-premiums receivables’ result in the expiry of the previously established security (e.g. the expiry of a mortgage on an immovable property)? Are ‘overdue social-insurance-premiums receivables’ subject to a limitation period also in the situation where the recovery of the overdue receivables has been secured (e.g. is it still possible to recover ‘overdue social-insurance-premiums receivables’ after the lapse of the limitation period, using the amount obtained from the sale of the property previously mortgaged to secure the payment of those overdue insurance premiums)? We kindly request, and would be most grateful, if you could possibly write back to us with reference to the above specific matters by 16 August 2019. Yours faithfully, Dr Marek Domagała The Department of Jurisprudence Research and Legal Analyses The Office of the Legal Service The Polish Constitutional Tribunal Al. Jana Christiana Szucha 12A, 00-918 Warsaw, Poland