دراسة نقدية لاختصاص القضاء الاداري في مادة الضمان الاجتماعي على ضوء القانون الجزائري

الملخص EN

The Algerian legislator has stipulated in the law of civil and administrative procedure the exclusive competence of the judge in matters of social security in social security disputes, in particular disputes between social security funds and agencies and taxpayers, but he excluded from this competence disputes that arise between social security agencies and administrative bodies of Law No.

08/08 of 23 February 2008 relating to disputes in the field of social security, as well as those that arise between private funds and taxpayers, who submit them to administrative jurisdiction, in accordance with the organic standard established in Article 800 of the Law on Civil and Administrative Procedures.

However, this standard gives rise to criticism as long as security funds and organizations are public institutions of a social nature, and it is therefore more appropriate to submit their disputes to their natural judge, who is the social judge rather than the administrative judge.

Considering what above, it is best able to understand the activities that these funds carry out.