The principle of formal insurance in OAEE

According to the principle of formal insurance, general principle of social security law, a person regularly and in good faith paying contributions to a certain social security institution, which in turn accepted those contributions without any reservation whatsoever, cannot be denied their status as an insured person of said institution. Such a challenging after a reasonably long period of time would be considered as contrary to the principle of good administration.


Regarding this principle, the real situations that create rights in favor of individuals and which arise with tolerance and collaboration of the Administration are totally accepted, if they are not in contrast with public policy and they are not created by fraudulent action of the citizen. The collaboration of the Administrative Authority does not only occur with the unconditional collection of insurance contributions. Additionally, it can be shown in other ways, by an administrative act for registration in records , by supplying of insurance booklet, by issuing operations levies etc
Moreover, the formal insurance is not only objected to the protection of any legitimate expectation, but rather to the protection of those real situations that create livelihood rights of the person concerned. The formal principle of insurance is bent only in case of either an expressed contrary provision or a specified provision, which content clearly indicates that the aforementioned general principle is not on the contrast with the subjects that regulates.
All the aforementioned statements are justified by the Article 7 P.D. 258/2005, which regulates the operation of OAEE.